Review of the Federal Bureau of Investigation Laboratory’s Forensic DNA Case Backlog
"...The FBI Laboratory’s backlog in analyzing and uploading convicted offender samples is mainly caused by recent federal legislation that expanded the scope of DNA sample collection from violent convicted federal offenders to include anyone who commits a federal offense as well as non-U.S. citizens who are detained in the United States.2 State and local forensic laboratories are also experiencing backlogs in analyzing and uploading convicted offender DNA samples. Among other measures, the backlogs at the state and local level have prompted the federal government to initiate grant programs to reduce the number of backlogged convicted offender samples nationwide. According to the FBI, at its height in 2009, the convicted offender sample backlog contained over 300,000 samples.

Legislation that expanded the scope of DNA collection includes the 2001 U.S. Patriot Act, which added qualifying offenses to the collection of DNA samples from convicted offenders; The Justice for All Act of 2004, which expanded the offenses for convicted offenders to include any federal offense; and The DNA Fingerprint Act of 2005, which directed that the Attorney General may collect DNA samples from individuals who are arrested or from non-United States persons who are detained under the authority of the United States. 3 For example, the Department of Justice’s Convicted Offender DNA Backlog Reduction Program provided $32 million in grant funding from fiscal years 2005 to 2009 to help states reduce the backlog of convicted offender DNA samples. According to the FBI, the number of convicted offender samples received rose from 7,833 in 2004, to 73,635 in 2005, to 99,215 in 2006, to 75,294 in 2007, to 76,932 in 2008, and 96,973 in 2009. Despite the increase in the number of convicted offender samples that are collected, the FBI Laboratory has reduced the size of its convicted offender backlog by implementing automated processes to analyze the samples. In addition, the FBI stated that it was able to reduce the backlog by shifting between 5 and 9 casework positions to address the skyrocketing convicted offender demand. As a result, the FBI Laboratory anticipates eliminating the convicted offender backlog completely by September 2010..."