This model policy serves to ensure that valuable DNA evidence generated by the Combined DNA Index System (“CODIS”) program is used to its full potential to solve crimes and identify wrongful convictions. CODIS is an extremely powerful crime-solving tool. In unsolved cases, it can help identify the perpetrators of violent crimes or tie seemingly unconnected crimes together. CODIS hits that emerge post-conviction can also be material, potentially revealing wrongful convictions.

Yet CODIS hits frequently arise years after the original crime occurred, and as a result are vulnerable to being overlooked by law enforcement. Most law enforcement agencies have no procedure for handling incoming CODIS hits, and when a case has been marked as closed or gone unsolved for a long time, there may be no investigator currently assigned allowing hits to be ignored as no one thinks it is their responsibility to investigate it. As jurisdictions make progress in testing backlogged sexual assault kits, this risk is especially great since—as profiles from these kits are submitted to CODIS—a large number of hits are likely to be generated in older cases.

District attorney’s offices can play an important role in addressing this issue. By adopting a policy guaranteeing that all incoming CODIS hits are properly reviewed, classified, and referred to the appropriate actors, prosecutors can at last ensure that the vital information contained in CODIS hits is fully utilized to hold offenders accountable, provide justice to victims, and exonerate the innocent. This policy provides a model for doing just that.

If you have questions on our model policy or are seeking guidance on how to implement it, please contact Hayden Davis. We would also be happy to work with you to create a custom policy tailored to your agency’s existing workflows and needs.