Sexual Assault Evidence Collection (Rhode Island Department of Public Safety)

Ginette Walls filed this request with the Department of Health of Rhode Island.

It is a clone of this request.

Tracking #

2017-0396

Status
Completed

Communications

From: McNulty, Kimberly (DOH)

Good morning Ms. Walls,
I just received a fax from you (MuckRock) for public records related to sexual assault evidence. However, I believe I may be missing a page? Would it be possible to email me your request directly to this email address?
Thank you,
Kimberly

Kimberly McNulty
Chief Implementation Aide
Legal Services, Room 404
Department of Health
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This message and all attachments may contain information that is confidential and/or proprietary to the Department of Health, including personal health information, and disclosures or distribution to anyone other than the intended recipient is prohibited. If you believe you have received this message in error, please notify the sender by replying to this email and immediately delete this message without disclosure. Thank you.

From: Ginette Walls

To Whom It May Concern:

Pursuant to the Rhode Island Access to Public Records Act ("APRA"), 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: McNulty, Kimberly (DOH)

Ginette Walls
requests@muckrock.com<mailto:requests@muckrock.com>

RE: AP17-0236
Sexual Assault Evidence Collection Kits Inquiry

Dear Ms. Walls:

Thank you for your records request relating to Sexual Assault Evidence Collection Kits. Pursuant to your request, please find attached documents within the custody, possession or control of the Rhode Island Department of Health (“RIDOH”) that are responsive; certain of your requests not within the custody, possession or control of RIDOH should be referred either to hospitals/health care facilities or law enforcement agencies. Further, some information in one policy has been redacted so as to preserve the security plans of a law enforcement agency, pursuant to R.I. Gen. Laws §38-2-2(4)(F).

R.I. Gen. Laws §38-2-8 may require RIDOH to give you notice of your right to appeal this decision of denial under R.I. Gen. Laws Chapter 38-2 (known as the Access to Public Records Act) to the Director of Health, Dr. Nicole Alexander-Scott, 3 Capitol Hill, Providence, RI 02908. You may also file an objection or complaint with the Department of the Attorney General, 150 South Main Street, Providence, Rhode Island, 02903, or the Rhode Island Superior Court of the county where the record(s) are maintained. Further information concerning Rhode Island’s Access to Public Records Act may be available through the Attorney General’s website at www.riag.org<http://www.riag.org>.

Thank you for your interest in keeping government open and accountable to the public.

Sincerely,
Kenny Alston
Chief Legal Counsel

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