Local level SAEC policies/data (Lane County, Oregon)

Greetings:

We are in receipt of your public records request dated 5/30/17.

You are asking for :

Any and all statistics, data, reports, audits, policies, and procedures pertaining to the following items regarding sexual assault evidence collection (SAEC) kits (also known as "rape kits") and processing:

• all standard operating procedures regarding the SAEC process

• any written policies or procedures regarding department practices on the acquisition of or handling of rape kit evidence, including protocols for its collection, testing, and delegation and transfer to all other possibly relevant locations, laboratories, or agencies

• the number of kits collected and booked into evidence from the period of January 1, 2000 through the date this request is processed

• the number of kits that have been processed by a public or private crime or forensic laboratory or equivalent processing location from the period of January 1, 2000 through the date this request is processed

• the number of unprocessed kits in any storage facilities currently under the department’s jurisdiction and control, including those held by medical personnel or at external laboratory locations

• any materials regarding the status or ultimate disposition of cases in which a kit was collected. Please include all available segregable data.

• all audits involving this agency regarding the collection or backlog of SAEC kits

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the collection, testing, and use of SAEC kits
The County’s response to your request is as follows:

Lane County is uncertain whether the records you have requested are possessed by Lane County. Lane County staff will search for these records and provide you with additional information on your request within a reasonable time.

Oregon public records law and the Lane Manual require the County to provide the public a right to inspect any record that is not otherwise protected, or to obtain copies of public documents not otherwise protected. The County is not obligated to create documents that do not exist, to provide documents that it is not the custodian of record for, to change the format the documents are saved in, to provide the documents in a more expensive format or format that the County doesn’t have the ability to provide the documents in, or to explain the documents.

It is the County’s policy to collect full-cost for any documents provided. This will include staff time researching whether or not the County is in possession of the related documents, copying of documents, and review of the public records by attorneys. The County will inform you of the estimated cost and will wait to receive confirmation from you (and/or payment) prior to incurring any costs associated with complying with this public records request.

If you have any questions regarding your public records request or this response, please feel free to contact me.

Sincerely,

LANE COUNTY OFFICE OF LEGAL COUNSEL

Miranda Rollins

Greetings:

We are in receipt of your public records request dated May 30, 2017. You are asking for (see attached email). The County’s response to your request is as follows:

here is an excerpt from a response to a similar request for records in May 2015:

“.. after running a report from our evidence tracking system, we currently have 107 sexual assault kits lodged in Property/Evidence. Out of that number:

v 44 have been to the OSP Lab.

v 1 is currently at the OSP Lab.
Of the 62 remaining kits:

v 14 cases were reviewed by an LCSO Capt or Sgt (former detective) in 2014 for possible lab submission and are being held.

v 4 cases have anonymous victims – SAEK was submitted to LCSO by local hospital staff.

v 3 cases that have not gone to the Lab are being held per DA direction.

v 1 case was checked on in Nov 2014 – per DA’s Office, the case had not been reviewed and was being rerouted for review – we have not received a case eval.

v 1 case is a Jane Doe death investigation where the deceased’s prints were sent to the Lab while the SAEK was not.
Here’s a breakdown by year of those 62 cases which have not been submitted to the Lab:

v 1 from 1997

v 1 from 2000

v 2 from 2002

v 2 from 2003

v 3 from 2004

v 4 from 2006

v 3 from 2007

v 3 from 2008

v 5 from 2009

v 9 from 2010

v 8 from 2011

v 2 from 2012

v 2 from 2013

v 12 from 2014

v 5 from 2015”

This information was readily available and is being provided at no charge. If you would like to continue you with your original request, the charge for these records is $864.44, calculated as follows:

6 hours at $41.97 = $251.82
7 hours at $83.99 = $587.93
X 2.5% = $14.69
CD charge $10.00

Total $864.44

Oregon public records law and the Lane Manual require the County to provide the public a right to inspect any record that is not otherwise protected, or to obtain copies of public documents not otherwise protected. The County is not obligated to create documents that do not exist, to provide documents that it is not the custodian of record for, to change the format the documents are saved in, to provide the documents in a more expensive format or format that the County doesn’t have the ability to provide the documents in, or to explain the documents.

It is the County’s policy to collect full-cost for any documents provided. This will include staff time researching whether or not the County is in possession of the related documents, copying of documents, and review of the public records by attorneys. The County will inform you of the estimated cost and will wait to receive confirmation from you (and/or payment) prior to incurring any costs associated with complying with this public records request.

If you have any questions regarding your public records request or this response, please feel free to contact me.

Sincerely,

LANE COUNTY OFFICE OF LEGAL COUNSEL

Miranda Rollins