Washington State Attorney General Bob Ferguson recently announced that his lawfully owed DNA project has added 3,000 DNA profiles from serious criminal offenders to the national database. State law requires many offenders, particularly those convicted of violent and sexual crimes, to provide DNA samples. However, over the years, thousands have failed to comply.
Launched in October 2019, Ferguson’s DNA collection initiative has been working to close that gap. The DNA profiles added in the past five years are essential for identifying perpetrators of unsolved violent crimes, such as rapes and murders, both in Washington and nationwide. Out of the 3,000 profiles added, 105 resulted in a “hit”—a match between the newly submitted DNA and evidence already in the Combined DNA Index System (CODIS). These hits can help law enforcement link cases, identify serial offenders, and shed light on cold cases, providing much-needed closure to victims and their families. Additionally, DNA evidence plays a key role in exonerating those wrongfully convicted.
“We must ensure that every serious offender who legally owes a DNA sample provides one,” Ferguson said. “Closing the gap in DNA collection, with the help of local law enforcement, has resulted in more evidence that will help us solve more crimes and improve public safety. This work makes Washington safer.”
The Attorney General’s Office estimates that thousands of violent offenders living in Washington still owe DNA samples. This estimate is based on initial data from the Department of Corrections (DOC), followed by an extensive verification process aimed at locating offenders who have not yet submitted their DNA. Ferguson’s project targets these individuals, ensuring they do not evade their legal obligations and that law enforcement has the tools to solve serious crimes.
The DNA collection effort began by targeting registered sex offenders and offenders under the supervision of the Department of Corrections, including those incarcerated or in community custody. The initiative expanded to include those convicted of sex crimes, kidnapping, and homicides. Currently, the office is collecting DNA from offenders convicted of a broader range of violent and felony offenses, including assault and robbery.
Every state mandates that individuals convicted of certain crimes—especially violent and sexual offenses—submit a DNA sample to CODIS. The responsibility for collecting these samples lies with jails, correctional facilities, and local law enforcement agencies, which send them to the Washington State Patrol Crime Lab to be entered into the national database.
In July 2023, a new law went into effect to streamline the DNA collection process. Prior to this, there was no uniform method for ensuring offenders provided their DNA samples at the time of sentencing. House Bill 1028, a recommendation from the Attorney General’s Office Sexual Assault Forensic Examination (SAFE) Advisory Group, requires courts to establish procedures for collecting DNA upon sentencing. If a sample is not taken at that time, courts must schedule a compliance hearing within 10 days to ensure collection. However, the law does not address the backlog of previously ordered DNA samples that remain uncollected.
The Attorney General’s Office follows a detailed, multistep process to identify and locate offenders who still owe DNA samples. Investigators with the Survivor Justice Unit (SJU)—formerly known as the Sexual Assault Kit Initiative—begin by analyzing data from the Department of Corrections and Washington State Patrol to identify offenders who have not yet provided DNA. They cross-check offenders’ records in CODIS to confirm whether they still owe a sample and review their conviction histories to ensure the requirement is valid.
Once the office identifies an offender, investigators use multiple databases to verify whether they still reside in the state and gather their last known contact information. Offenders are sent letters reminding them of their legal obligation to provide a DNA sample and warning that refusal is a violation of state law. For those who do not respond, the Attorney General’s team reaches out directly and collaborates with local law enforcement to collect the required samples.
This ongoing DNA collection effort has already helped resolve dozens of cold cases involving sexual assaults and homicides. Ferguson has requested $534,000 in funding for the upcoming biennium to support the continuation of this important work.