Sexual Assault Evidence Collection (Maryland State Police)

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Withdrawn

Communications

From: Ginette Walls

To Whom It May Concern:

Pursuant to Maryland's Public Information Act ("PIA"), 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 business days, as the statute requires.

Sincerely,

Ginette Walls

From: Doug Baralo -State Police-

Ms. Walls:

This email is in response to your Maryland Public Information Act request
in which you requested records related to sexual assault kits.

All Maryland State Police policies that have been determined to be public
information, including any that may be related to sexual assault kits, have
been posted at http://mdsp.maryland.gov/Pages/Downloads.aspx.

The Maryland State Police does not maintain separate statistics
(segregable data)
on sexual assault kits. To obtain an of the information that you are
requesting would require a hand search of every sexual assault case file
and/or an audit of all evidence in our 23 barracks to determine which
evidence is applicable to your request. You did not provide a time frame
in your request, so I am unable to provide a cost estimate if you would
like to request a hand search. However, such a search would be extremely
labor intensive.

I would argue the request for petitions/requests and notifications would be
impossible to meet without a review of every sexual assault case file,
since that is where those requests would be noted. I do not believe we can
do that.

Please contact me if you have any questions about this response.

--
Captain
*Douglas J. Baralo, esq.*

Commander, Special Projects Division
Maryland State Police
1201 Reisterstown Road
Pikesville, Maryland 21208

443.945.2211 - cell

The most dangerous phrase in the language is “We’ve always done it this
way!” - Rear Admiral Grace Murray Hopper

From: Doug Baralo -State Police-

The following request was sent to you on February 28, 2017.

----

Ms. Walls:

This email is in response to your Maryland Public Information Act request
in which you requested records related to sexual assault kits.

All Maryland State Police policies that have been determined to be public
information, including any that may be related to sexual assault kits, have
been posted at http://mdsp.maryland.gov/Pages/Downloads.aspx.

The Maryland State Police does not maintain separate statistics
(segregable data)
on sexual assault kits. To obtain an of the information that you are
requesting would require a hand search of every sexual assault case file
and/or an audit of all evidence in our 23 barracks to determine which
evidence is applicable to your request. You did not provide a time frame
in your request, so I am unable to provide a cost estimate if you would
like to request a hand search. However, such a search would be extremely
labor intensive.

I would argue the request for petitions/requests and notifications would be
impossible to meet without a review of every sexual assault case file,
since that is where those requests would be noted. I do not believe we can
do that.

Please contact me if you have any questions about this response.

--
Captain
*Douglas J. Baralo, esq.*

Commander, Special Projects Division
Maryland State Police
1201 Reisterstown Road
Pikesville, Maryland 21208

443.945.2211 - cell

The most dangerous phrase in the language is “We’ve always done it this
way!” - Rear Admiral Grace Murray Hopper

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