|Submitted||Nov. 28, 2017|
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To Whom It May Concern:
Pursuant to Kentucky Open Records Act, I hereby request the following records:
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
If there any questions about this request, please feel free to call us at the MuckRock office at 617-299-1832.
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 3 business days, as the statute requires.
1. Available for review at https://louisvilleky.gov/government/police/resources-0 under Standard Operating Procedures
2. See #1
3. LMPD Sex Crime Units does not maintain annual numbers for rape kits but has received approximately 5,000 kits since 1977
4, 5 LMPD is in compliance with KY state law for testing kits and we currently do not have any rape kits that have not been submitted. Due to HIPPA regulations (45 C.F.R. Part164), medical facilities are not allowed to inform LMPD how many kits they possess as that would infringe upon a victim’s right to not report to law enforcement.
6. The LMPD Sex Crimes Unit does not release case specific information regarding rape kits pursuant to KRS 61.878(1)(a) which exempts the release of personal information that is considered an unwarranted invasion of personal privacy as well as KRS 17.150(2) and 61.878(1)(h) which exempts the premature release of law enforcement records until such time as prosecution is completed or declined.
7. Contact the KY State Auditor’s Office at 209 St. Clair St., Frankfort, KY 40601 or (502) 564-5841
8. Refer to the on-line LMPD SOP as any proposed alterations or yet to be implemented changes are considered preliminary in nature and exempt from public release pursuant to KRS 61.878(1)(i) and (j).