Sexual Assault Evidence Collection (California Highway Patrol)

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

Any and all policies, procedures, memorandums, directives, and any other guiding materials regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to the following:

- Policies and procedures related to the initial collection of sexual assault evidence collection kits.
- Policies and procedures regarding the timeframe of the collection and testing of sexual assault evidence collection kits including the timeframe required for sexual assault evidence collection kits testing by the examiner (also known as “sexual assault examiners”, “sexual assault nurse examiners”, or “sexual assault forensic examiners”).
- All mechanisms by which sexual assault evidence collection kits are or can be tested including all designated facilities where sexual assault evidence collection kits can be performed.
- Policies and procedures regarding the maintenance and transfer of sexual assault evidence collection kits.
- Policies and procedures concerning a petition to test a sexual assault evidence collection kits.
- Policies and procedures related to the process of checking the status of a sexual assault evidence collection kits and the notification provided to survivors regarding their sexual assault evidence collection kits.
- Policies and procedures regarding reports generated of both tested and untested sexual assault evidence collection kits, mandatory or voluntary reporting requirements regarding both tested and untested sexual assault evidence collection kits, and audits of the numbers of both tested and untested sexual assault evidence collection kits.
- Policies and procedures regarding the statute of limitations for maintenance and or storage of sexual assault evidence collection kits, both tested and untested.

Please include all available segregable data.

Please also provide all available data, statistics, or reports regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), including, but not limited, to those materials related to the following specific elements of the sexual assault evidence collection process:

- The collection of sexual assault evidence collection kits.
- Timeframes of collection and testing of sexual assault evidence collection kits.
- Maintenance and transfer of sexual assault evidence collection kits.
- Petitions to test sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of petitions to test sexual assault evidence collection kits.)
- Requests to check the status of sexual assault evidence collection kits. (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of requests to check sexual assault evidence collection kits status(es).)
- Notification given to survivors regarding their sexual assault evidence collection kits (Please note this is not a request for identifying or confidential information of survivors or their cases or sexual assault evidence collection kits. This is a request for the numbers of notifications given to survivors regarding their sexual assault evidence collection kits status.)
- Reports and audits generated of both tested and untested sexual assault evidence collection kits, issued by mandatory or voluntary reporting requirements

Should your agency believe that any additional policies, procedures, reports or other analysis pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits (also known as “sexual assault kit”, “sexual offense evidence collection kit”, “sexual assault forensic evidence kit”, “physical evidence recovery kit”, “rape test kit”, or “rape kit”), or any related issues may reside with another agency or agencies, indication of such agencies would be greatly appreciated.

Please notify us if further clarification is necessary.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Ginette Walls

Dear Ms. Dunham

Thank you so much for your response.

To clarify our request:

- We are seeking disclosable public records in the Department's possession regarding current policies, procedures, memorandums, directives, and any other guiding materials regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits. We would prefer that the dates of drafting and implementation be included.
- Regarding your request to provide a date range for "all available data, statistics, or reports regarding matters pertaining to the collection, maintenance, transfer, and disposal of sexual assault evidence collection kits", we would like data and statistics for the date range of 2010-2016**.

Thank you and please let me know if further clarification is needed, and I will be in touch regarding the $5 fee for the records.

Ginette Walls