Sexual Assault Evidence Collection (Maine State Police)

Ginette Walls filed this request with the Maine State Police of Maine.
Est. Completion None
Status
Withdrawn

Communications

From: Ginette Walls

To Whom It May Concern:

Pursuant to the Maine Freedom of Access Act ("FOAA"), 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.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by 1 M.R.S.A. § 408(6). The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

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 5 business days, as the statute requires.

Sincerely,

Ginette Walls

From: Parr, Christopher

Dear Ms. Walls:

This email is sent to acknowledge my office’s receipt for the first time today of your Freedom of Access Act (“FOAA”) request, which appears below.

I will respond further soon; please note, however, that I anticipate that we will be unable to begin work on the request for at least twenty (20) to thirty (30) business days. Accordingly, we are reserving our duty to deny access to what, if any, records we have that are responsive to your FOAA request that by law are confidential or otherwise not “public records” for the purposes of the FOAA. See 1 M.R.S. § 402(3).

Once we begin to work on your request, I eventually will be able to provide an informed estimate of the time I anticipate our agency will need to process the request.

In addition, given the considerable scope of your FOAA request, I anticipate that there is a reasonable possibility that the total fee to process the request will exceed thirty dollars ($30). (I cannot at this time provide a reasonable estimate of what the total fee to process the request will be, but I will do so once I can.)

Therefore, pursuant to 1 M.R.S. § 408-A(9), please let me know if you would like us to continue to work on your request.

Respectfully,

Chris

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE
(e) christopher.parr@maine.gov<mailto:christopher.parr@maine.gov>

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This e-mail, and any attachments thereto, may contain information that is confidential by law and/or information that is protected by attorney-client privilege. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.
….

From: Parr, Christopher

To Whom It May Concern:

At this point I estimate that the total cost to process your request will be thirty to forty-five dollars ($30 to $45), though please note that that range is just an estimate.

In light of that circumstance, pursuant to 1 MRSA § 408-A(9), would like us to continue work on your request?

Respectfully, C

CHRISTOPHER PARR
STAFF ATTORNEY | MAINE STATE POLICE
(e) christopher.parr@maine.gov<mailto:christopher.parr@maine.gov>

[cid:image003.png@01D2715E.AAF05F70]

This e-mail, and any attachments thereto, may contain information that is confidential by law and/or information that is protected by attorney-client privilege. IF YOU THINK YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE CONTACT me WITH A REPLY E-MAIL at the earliest convenience. Thank you.

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