Crime Labs audit calls for faster processing times of forensic evidence

MADISON – A new report from the nonpartisan Legislative Audit Bureau recommends the state Department of Justice hire more forensic toxicologists, monitor the timeliness of processing sexual assault kits and develop written policies to improve processing times in the State Crime Laboratories.

The audit, requested by the Legislature's Joint Audit Committee, found that DOJ spent $30.4 million on its three crime laboratories, which are located in Madison, Milwaukee and Wausau, in the 2022-23 fiscal year.

The agency was authorized 177.1 full-time positions for its crime laboratories in July 2023 — 105.5 of which were designated for analysts, who generally examine evidence. The vacancy rate of analyst positions increased from 2.6% in July 2019 to 9.5% in July 2023.

Auditors also found that the median turnaround time for completing evidence analyses rose from 39 days, for assignments created in the 2019-20 fiscal year, to 58 days for assignments created in the 2022-23 fiscal year.

A survey in January of sheriffs, police chiefs, district attorneys, circuit court judges, public defenders, medical examiners and coroners found that 45.3% of respondents were satisfied with the crime labs' timeliness in analyzing evidence, and 25.9% were neither satisfied nor dissatisfied.

"DOJ should take additional actions to improve the timeliness of its crime laboratories in analyzing evidence. DOJ should improve productivity standards for crime laboratory analysts, improve how its crime laboratories centrally record information, and improve its annual reports on the crime laboratories," state auditor Joe Chrisman wrote in a letter accompanying the audit.

The co-chairs of the audit committee, Sen. Eric Wimberger, R-Green Bay, and Rep. Robert Wittke, R-Racine, raised concerns about the increased turnaround time for evidence analysis.

In response, Attorney General Josh Kaul, a Democrat, noted that the report "proposes only minor changes in how the crime labs are managed."

"Boiled down, the report’s recommendations for improving the productivity of the crime labs are (1) more 'formally establishing' policies regarding productivity standards and reviewing whether analysts met those standards; and (2) tracking data differently," Kaul wrote.

The delay in processing evidence is "concerning," Wittke said in a statement.

"Even with fewer requests, the Department of Justice is taking almost 50% longer to complete tests. Furthermore, the absence of consistent and informed policy and procedure for staff is astounding. I hope the recommendations of the LAB are taken to heart by the DOJ," Wittke said.

Sen. Robert Cowles, R-Green Bay — a former co-chair of the audit committee and a sponsor of two laws designed to improve the processing of evidence of sexual assaults — said the report produced "unsatisfactory results."

"The goals of these two new laws were to recognize the faults of the past in the treatment of this evidence and ensure we never make the same mistake again. It’s disheartening that we haven’t fully learned from those mistakes," Cowles said in a statement.

"I encourage DOJ to promptly fill their vacant positions, including the positions approved in the most recent budget, evaluate their relationship with private labs that cannot act expeditiously with crucial evidence, and, if necessary, seek additional help from the Legislature to ensure we don’t fall backwards and let sexual offenders roam free because we couldn’t treat the evidence with the urgency it deserves."

One of the laws requires doctors and nurses to notify law enforcement officials of a sexual assault within 24 hours if the victim wants to report the assault. Law enforcement agencies must pick up sexual assault kits from the medical officials within 72 hours of being notified. If the victim does not want to report an assault, the doctors and nurses must send the kits to the State Crime Lab for storage within 72 hours.

The second law created a database of sexual assault kits so that victims and law enforcement officials can more easily track cases.

The approval of the two bipartisan laws came after years of debate over how law enforcement has handled such evidence, some of which had been left untested for years. Similar bills had failed in the previous legislative session but picked up steam in 2021.

In his response to the audit, Kaul noted that the Legislature has not authorized as many positions as DOJ has requested in recent budgets. The agency requested 16 positions for its crime labs in 2016, but was only granted three in the most recent state budget.

"The limited nature of (the audit bureau's) suggestions speaks volumes about the professionalism and efficiency with which the crime labs are run. Moreover, it is clear that implementation of LAB’s recommendations would have at best, a minimal impact on the efficiency of the labs," Kaul wrote in his response to the audit. "The need for the legislature to fund and authorize additional positions for the crime labs is glaring."

In response to additional LAB recommendations, Kaul said:

• DOJ has taken action to convert three toxicologist positions funded by the federal American Rescue Plan Act to previously authorized state funding.

• As of June 21, the crime lab's vacancy rate for full-time, permanent analyst positions was 6.8%.

• The Legislature "should authorize, and fund pay progression to assist the (crime lab) in retaining senior and advanced level analysts.

• "The state crime labs are a critical part of Wisconsin’s criminal justice system, and they are run efficiently. I strongly encourage members of the state legislature to make a meaningful investment in the labs in the next state budget."

Jessie Opoien can be reached at jessie.opoien@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Wisconsin Crime Labs audit calls for faster processing times