Attorney General's Column: The real consequences of cutting public safety budgets
October 14, 2009 -- Our state is in a difficult financial situation. Belts are being tightened and programs tasked with helping Kansas families are feeling the pain. The Attorney General’s office has done its part to help by streamlining administrative costs, reducing operating expenses, significantly reducing travel and sharing resources with other agencies. While many state agencies are able to absorb legislative reductions to their budgets without gutting core functions, similar cuts to the budgets of law enforcement agencies jeopardize the resources needed to continue protecting families, investigating crime and prosecuting criminals.
One example of the serious consequences of excessive budget cuts and increased legislative mandates to law enforcement agencies is the DNA backlog at the Kansas Bureau of Investigation. Starting in 1996, the legislature began requiring law enforcement to collect and store DNA samples from people convicted of sex crimes. This was a step forward in our ability to track offenders and solve crimes using DNA. In 2002, the legislature expanded the database by requiring law enforcement to collect DNA from all convicted felons. And again, in 2008, the legislature dramatically expanded the database by requiring law enforcement to collect DNA from all persons arrested for felonies.
While increasing the DNA database is critical, the Kansas legislature has failed to provide the KBI with the additional resources necessary to assist in testing and analyzing the additional 10,000 samples on average now being submitted annually. The number of DNA samples submitted jumped from 935 in 2001 to 14,834 in 2009. The funding has not kept pace with the mandates from the legislature.
On January 12, 2009, I sent a letter to the Senate President and the Speaker of the House outlining the significant backlog of DNA samples waiting to be tested at the KBI. To be clear, this backlog is not one of samples from active criminal investigations, but from persons arrested for a felony or convicted of a crime as mandated by the legislature. The letter outlined the backlog problem and a possible solution. Part of that solution was additional funding for forensic scientists and lab space to assist in the testing of this DNA.
Since 2002, the KBI has not been given adequate funding to keep up with the dramatic increase in DNA samples being submitted. This includes funding to pay experienced forensic scientist competitive salaries. I asked the legislature for assistance and requested additional resources.
Instead, the legislature significantly reduced the KBI budget—making the problem worse. While I recognize the difficult budget situation the legislature is facing, the cuts to the KBI represented an excessive, irresponsible cut that is now impacting the safety of our families. It is an example of the serious problem unfunded mandates can cause for law enforcement.
The effectiveness of timely testing and analysis of this DNA cannot be disputed. In the late 1990’s, a DNA sample collected from a convicted rapist—Kenneth Wilson—was tested by the KBI and entered into the database. In 2008, the KBI matched Wilson’s DNA to a cigarette found at a murder scene in Osborne County. Because of that match Wilson was connected to the crime scene. I know just how important the DNA database is for law enforcement. I personally prosecuted Kenneth Wilson this year and put him away for life.
The state is in a difficult budget crunch and all agencies are expected to make sacrifices. But important law enforcement tools—like the DNA database—must be a priority. Lawmakers should understand that there are real consequences for cutting the budgets of agencies, like the KBI, which are responsible each day for analyzing evidence vital to keeping our families safe. That is why I am asking the legislature to restore funding to the KBI and help Director Bob Blecha and I eliminate the DNA backlog.