The costs are based on the 2,333 instances in which local law enforcement sent evidence to the labs to be examined during the 2007-2008 fiscal year, said Phil Case, budget officer for the Arizona Department of Public Safety.
The DPS was aware budget cuts might have happened when the state budget was finalized over the summer, he said.
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“We knew it was on the table, but we didn’t know how likely it was to happen or to what extent it was going to happen,” Case said. “We were surprised by the extent of the cut, for sure.”
In June, budget cuts to the DPS crime labs totaled $7.8 million. The state also passed a bill, HB 2462, that allows the agency to charge for lab costs for the first time.
“Basically, municipalities have been getting that service for many years for free,” said Jeanine L’Ecuyer, spokeswoman for the governor’s office, “and DPS, because of the situation we have with the budget, is simply not able to absorb that cost anymore.”
L’Ecuyer said the state is facing a $1.9 billion budget shortfall for the current fiscal year.
“Which means we are going to have some painful belt-tightening going on,” she said.
Case said the DPS crime labs do a variety of evidence investigation, including testing blood samples for drugs or alcohol, discovering DNA on items and/or matching DNA to a suspect, and testing weapons for ballistics information.
There are four crime labs in the state, located in Lake Havasu City, Tucson, Flagstaff and Phoenix.
In an effort to reduce the amount of costs it would need to recoup, the DPS has reallocated funds from its Gang and Immigration Intelligence Team Enforcement Mission, or GIITEM, to lower the $7.8 million reduction to $2.6 million, Case said.
“It won’t affect the current level of operations,” he said. “GIITEMs budget has increased dramatically over the last few years.”
Case said he doubts a similar shifting of funds would be possible if budget cuts continue.
“We don’t anticipate being able to do that next year,” he said.
Cochise County law enforcement agencies owe $157,133.41 for crime lab use last fiscal year, according to DPS documents.
Ken Strobeck, executive director of the Arizona League of Cities and Towns, said Mississippi is the only other state that charges local law enforcement for use of its crime labs.
The state sent out an intergovernmental agreement to pay the fees to all city and county law enforcement across the state in September, Strobeck said.
The league has advised city officials and law enforcement to not pay the fees yet.
“Our advice was to not sign the IGA and not pay the assessment until we can approve the constitutionality of the bill that enacted that provision,” Strobeck said. “At this point we have discussed this issue with our attorneys, but we haven’t had any resolutions as far as getting state agencies to undo that particular resolution.”
The Sierra Vista Police Department owes a total of $63,389.95 for its use of the crime lab over the course of the last fiscal year, said Deputy Chief Tom Alinen.
“Last year we sent in 833 cases to the state crime lab,” Alinen said. “I think they’ve sent us one bill, but we haven’t paid it.”
Alinen said the DPS planned to recoup its cost in three payments over the next few months.
The first payment was due Oct. 15, he said.
“We look at it as a case of double taxation of our citizens,” he said.
Sierra Vista City Manager Chuck Potucek said any payments for the crime lab would come from a general fund, and not impact the police department directly.
“It’s all general tax dollars,” Potucek said. “It wouldn’t be a direct hit on the police department, it would be a hit on the city overall, the taxpayers of the city.”
According to a list of Cochise County agencies and their fees given to the Sierra Vista police by the DPS, a total of $13,490.18 is being charged to the Benson Police Department for its crime lab use, causing the department to be more prudent with costs.
“One of the things is that the Cochise County Attorney’s Office requires that we have lab reports before we submit a case,” said Lt. Paul Moncada, public information officer for the Benson Police Department.
Officers are now looking even closer to determine if a prosecution is likely before sending off evidence to be processed at the crime labs, he said.
The department is also waiting to hear the pleas of suspects of misdemeanor crimes before submitting evidence to labs, in the chance that they plead guilty, he said.
The Benson Police Department sent 269 cases to the DPS crime labs last fiscal year.
“I don’t know where we would take it out of at this point,” Moncada said about funds to pay off lab fees.
Some of the new fees being implemented by the Department of Public Safety include $87 for a blood collection kit, $220.50 to test bodily fluids for drugs or alcohol, and $2,370 per year for each breath test instrument, the cost of which includes instrument set-up, repair and training.
Even though these additional costs add even more of a strain to budgets already spread thin, officers on both sides say they understand it is out of their hands.
“We sympathize with the fact that the DPS is having a shortfall with budget money,” Alinen said.
The new fees have not had a negative impact on the professional ties between the agencies, he said.
“We have a great working relationship.”
Case expressed similar sentiments.
“We understand that it’s a real problem for the local (departments),” Case said. “I think it is understood that they understand the situation DPS is in.”
He added, “We’re trying to get through this together.”
Herald/Review reporter Derek Jordan can be reached at 515-4680 or by e-mail at derek.jordan@svherald.com.
