11/03/09 - Gibson County

TBI Proposal to Charge for Testing
By: Stephanie Ryan
sryan@wbbjtv.com
9:00 p.m.
 

The Tennessee Bureau of Investigation is proposing a change to the way it works with law enforcement agencies to help solve crimes: the TBI may start charging to test evidence at its labs.

According to Kristen Helm, spokeswoman for the TBI, Governor Bredesen asked the TBI to cut its budget by nine percent, which is $4 million. 

"It's either cut 50 to 80 jobs," Helm said, or start charging agencies for the testing: $20 per exhibit, $100 for DNA evidence, and $250 for blood toxicology reports.

Help said defendants now pay all of the $100 charged for the toxicology reports.  She said they would continue to foot the entire bill for the toxicology reports, despite the rise in costs.

Even with defendants paying the highest cost, the potential change it is not a popular change among police departments.  One of those departments is the Milan Police Department.

"We just hope we can make it through the budget," Wright said.  He laid off two employees just last Friday, and has had to get creative to pay the department's bills.

"We've had to sell vehicles and surplus equipment online," Wright said, adding that he is not sure how he would pay the extra fees.

Wright said the new costs could slow the justice process, because police may not test evidence unless defendants plead not guilty.  Then, Wright said, the department would be required to send the evidence for processing, but everyone involved would have to wait for the information to process to proceed in court.

Wright also said it would be difficult to budget for just how many exhibits per year might be sent to the lab for testing.   "It's just a guess," Wright said.

The biggest of Wright's concerns is the potential for police to decide not to charge someone with a crime.

"Possession, for example," Wright said, "If it's just a roach, and we have them for other things, we may decide to charge them with other things instead [and skip the testing."

"Later on, if they were arrested again, those drug charges would not show up on their record, because they were never charged," Wright said.

Milan submitted 38 pieces of evidence to the TBI crime lab last year, which could total $760 if the proposal is passed by the State Legislature.

Even that amount, Wright said, would be a strain on his department's budget.

In Jackson, police could pay nearly $7,000 a year.  Since November 3 of last year, police have made 347 submissions to the TBI crime lab.

Captain Mike Holt, with the JPD, said a large number of those reports are blood toxicology reports.  Holt did not specify exactly how many were DNA evidence or blood toxicology reports.

Even with the costs, Helm said the TBI crime lab would still be less expensive than private testing, which Helm said can cost up to three times what the TBI would charge.

The State Legislature will vote on the proposal, which could still be changed, in January.  If passed, it would go into effect next July.