Sexual Assault Evidence Collection (North Carolina Department of Public Safety)

Ginette Walls filed this request with the North Carolina Department of Public Safety of North Carolina.
Status
Completed

Communications

From: Ginette Walls

To Whom It May Concern:

Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:

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 would request your response within ten (10) business days.

Sincerely,

Ginette Walls

From: Walker, Pamela

Ms. Walls:

In regards to your below request for information, the Department of Public Safety (DPS) has no involvement in the “initial collection of sexual assault evidence collection kits.”

DPS’ only involvement is that the department’s Law Enforcement Support Services (LESS) section receives in and maintains the anonymous sexual assault evidence collection kits. These kits are received in from various law enforcement agencies or hospitals throughout the state. The kits are not released out unless the victim chooses to give consent for law enforcement to sign out for testing. The victim must sign a release form, the law enforcement agency where the assault occurred will present the consent to release form to DPS (LESS) and also provide a photo id and badge when the sexual assault kit is released to law enforcement.

The sexual assault evidence collection kits are retained for 30 years in the Anonymous Storage Warehouse.

LESS follows the guidelines that can be found here: https://ncdps.s3.amazonaws.com/s3fs-public/div/GCC/nme/Model_of_Compliance_GCC_US_CODE_Title_42.pdf

An employee with LESS received on the job training to manage this area, as well as training from an Evidence and Property Technician from the International Association of Property & Evidence.

It is hoped that this information is helpful.

Pamela Walker
Communications Director
North Carolina Department of Public Safety
Prevent ~Protect~Prepare

512 N. Salisbury Street
MSC 4202
Raleigh, NC 27699-4202
(919) 733-5027
Pamela.walker@ncdps.gov

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