Sexual Assault Evidence Collection (New Hampshire State Police)

Ginette Walls filed this request with the New Hampshire State Police of New Hampshire.
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Completed

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From: Ginette Walls

To Whom It May Concern:

Pursuant to the New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A), 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 5 business days, as the statute requires.

Sincerely,

Ginette Walls

From: Hilts, David

Ms. Walls,

I am writing to acknowledge your RSA 91-A request in the thread below. I estimate the time reasonably necessary to determine the extent of available records to be 30 days. As such, I will be in touch on or about January 27, 2017.

David M. Hilts
Legal Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-4032
F (603) 271-0336

This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.

From: Hilts, David

Ms. Walls,

In response to your RSA 91-A request dated December 20, 2016, seeking access to governmental records, I have attached the following responsive records:

1. Policies and procedures

· Office of the Attorney General Sexual Assault Protocols, 8th Edition (2015);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 4.1.5 “Pressures, Conflicts, Confidentiality and Disclosure of Information,” Rev. 6 (12/19/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 5.8 “Evidence Handling,” Rev. 15 (9/29/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 5.10.3 “Reporting the Results: Test Report,” Rev. 8 (12/27/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory SERO-001-03 “General Serology Procedures, Guidelines for Analysis of Sexual Assault Kits,” Rev. 5 (6/30/16);

2. Statistics

· Statistics on anonymous rape kits submitted in 2013, 2014 and 2015, redacted for information whose disclosure would constitute an invasion of privacy per RSA 91-A:5, IV;

· Statistics on rape kits with juvenile victims submitted in 2013, 2014 and 2015, redacted for information whose disclosure would constitute an invasion of privacy per RSA 91-A:5, IV;

· Statistics on all other rape kits submitted in 2010, 2011, 2012, 2013, 2014 and 2015.

By way of further explanation, other than SERO-001-03, the three other attached Dept. of Safety policies pertain generally to forensic testing, including but not limited to sexual assault kits.

I trust this satisfies your request.

David M. Hilts
Legal Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-4032
F (603) 271-0336

This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.

From: Hilts, David

Ms. Walls,

In response to your RSA 91-A request dated December 20, 2016, seeking access to governmental records, I have attached the following responsive records:

1. Policies and procedures

· Office of the Attorney General Sexual Assault Protocols, 8th Edition (2015);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 4.1.5 “Pressures, Conflicts, Confidentiality and Disclosure of Information,” Rev. 6 (12/19/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 5.8 “Evidence Handling,” Rev. 15 (9/29/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory QSP 5.10.3 “Reporting the Results: Test Report,” Rev. 8 (12/27/16);

· Dept. of Safety, Div. of State Police, Forensic Laboratory SERO-001-03 “General Serology Procedures, Guidelines for Analysis of Sexual Assault Kits,” Rev. 5 (6/30/16);

2. Statistics

· Statistics on anonymous rape kits submitted in 2013, 2014 and 2015, redacted for information whose disclosure would constitute an invasion of privacy per RSA 91-A:5, IV;

· Statistics on rape kits with juvenile victims submitted in 2013, 2014 and 2015, redacted for information whose disclosure would constitute an invasion of privacy per RSA 91-A:5, IV;

· Statistics on all other rape kits submitted in 2010, 2011, 2012, 2013, 2014 and 2015.

By way of further explanation, other than SERO-001-03, the three other attached Dept. of Safety policies pertain generally to forensic testing, including but not limited to sexual assault kits.

I trust this satisfies your request.

David M. Hilts
Legal Counsel
Office of the Commissioner
New Hampshire Department of Safety
33 Hazen Drive
Concord, NH 03305
W (603) 227-4032
F (603) 271-0336

This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by law. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited and may be subject to criminal prosecution. If you have received this e-mail in error, please immediately notify me by telephone at (603) 271-2791. You will be reimbursed for reasonable costs incurred in notifying us.

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