DAR File No. 42269

Public Safety, Administration

Rule R698-11

Submission and Testing of Sexual Assault Kits

Notice of Proposed Rule

(New Rule)

DAR File No.: 42269
Filed: 10/26/2017 12:02:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is authorized under Section 76-5-609, as a result of the passage of H.B. 200 during the 2017 General Session. The Department of Public Safety (Department) is required to make rules, after consultation with the Bureau of Forensic Services (Bureau) to establish procedures and requirements for the submission and testing of all sexual assault kits, and to establish goals for the completion of analysis and classification of all sexual assault kit submissions.

Summary of the rule or change:

The rule: establishes requirements for the packaging of evidence submitted to the Bureau for analysis, and the documentation to be submitted with the evidence; outlines the types of cases for which sexual assault evidence will be analyzed, and criteria to be used in order to determine whether the analysis will be conducted or declined; establishes criteria for the Bureau to use in determining whether to expedite the analysis of evidence; and establishes the goals for classification and completion of analysis of sexual assault kit submissions.

Statutory or constitutional authorization for this rule:

• Section 76-5-609

Anticipated cost or savings to:

the state budget:

The Bureau has had procedures in place for the submission of sexual assault kits prior to the passage of H.B. 200 (2017). Due to the requirement that law enforcement agencies submit all sexual assault kits to the Bureau for testing effective 07/01/2018 as a result of the passage of H.B. 200, it is anticipated that the Bureau could potentially receive an additional 800 sexual assault kits per year. As reflected in the fiscal note prepared for H.B. 200, it is anticipated that the cost to purchase 800 additional unused sexual assault kit for use by law enforcement and sexual assault nurse examiners would be approximately $14 per kit. In addition, the Bureau anticipates that it will need to hire 17 additional staff members at an anticipated personnel cost of approximately $1,669,505 per year, and anticipated operating costs of $464,778 per year, which includes the cost of DNA testing supplies ($284,144) and sexual assault kits (800 x $14 = $11,200).

local governments:

There is no anticipated cost or savings to local governments because the rule does not change any of the procedures currently in place for the submission of sexual assault kits to the Bureau for analysis. In addition, local governments are not assessed a fee for the testing of the sexual assault kits, and is provided unused kits by the Bureau for the purpose of completing a sexual assault investigation and submission of the evidence gathered from the victim.

small businesses:

There is no anticipated cost or savings to small businesses because the Bureau obtains sexual assault kit supplies through a state contract with Tri-Tech Forensics, located in the state of North Carolina.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to hospitals where a sexual assault nurse examiner conducts an examination and submits a sexual assault kit to a law enforcement agency for investigation because hospitals are provided with unused kits by the Bureau for the purposes of completing a sexual assault examination and submission of the evidence gathered from the victim to the local law enforcement agency.

Compliance costs for affected persons:

There is no anticipated cost or savings to victims of sexual assault for whom a kit has been submitted because a victim of sexual assault is not assessed a fee for the submission or analysis of a sexual assault kit.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will not result in an anticipated cost or savings to small businesses or other businesses within the state of Utah.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Safety
Administration
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 1ST FLR
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2017

This rule may become effective on:

12/22/2017

Authorized by:

Keith Squires, Commissioner

R698. Public Safety Administration.

R698-11. Submission and Testing of Sexual Assault Kits.

R698-11-1. Authority.

This rule is authorized under Section 76-5-609.

 

R698-11-2. Purpose.

The purpose of this rule is to establish procedures for the submission and testing of sexual assault kits, requirements regarding information and evidence to be submitted as a part of each sexual assault kit submission, and goals for the completion of analysis and classification of sexual assault kit submissions.

 

R698-11-3. Definitions.

(1) Terms used in this rule are defined in Section 53-1-102 and 53-10-102.

(2) In addition:

(a) "bureau" means the Bureau of Forensic Services within the Department of Public Safety established in Section 53-10-201; and

(b) "DNA" means deoxyribonucleic acid.

 

R698-11-4. Sexual Assault Kit Submission.

(1)(a) Sexual assault kits submitted to the bureau for analysis shall be packaged in accordance with the Utah Bureau of Forensic Services Evidence Handbook.

(b) Sexual assault kits that do not meet the packaging guidelines in the Utah Bureau of Forensic Evidence Handbook shall be returned to the submitting entity without analysis.

(c) A sexual assault kits may be re-submitted after it has been repackaged in accordance with the Utah Bureau of Forensic Services Evidence Handbook.

(2) The bureau shall only accept sexual assault kits that meet the criteria for analysis in R698-11-5.

(3) Sexual assault kits submitted to the bureau for analysis shall be accompanied by the Sexual Assault Examination documentation provided by the medical personnel conducting the examination.

 

R698-11-5. Sexual Assault Kit Analysis.

(1) The bureau shall analyze sexual assault kits in the following types of cases:

(a) criminal investigations and prosecutions.

(2) The bureau shall only analyze sexual assault kits:

(a) which have been collected by means utilized and validated by the bureau; and

(b) that are of sufficient quality and quantity to be analyzed.

(3) Sexual assault kits submitted to the bureau for analysis shall be examined by the bureau to determine the number of samples in a given case on which it will perform identification, comparison or analysis.

(4)(a) The bureau shall give priority to current and active cases over cold cases.

(b) An entity seeking to have a sexual assault kit analyzed by the bureau may submit a request to expedite the analysis to the section manager.

(c) The bureau shall consider the following factors when determining whether to expedite the analysis of the sexual assault kit:

(i) there exists an immediate threat to public safety;

(ii) a court date is scheduled and imminent; or

(iii) a person is detained pending laboratory results.

(5) The submitting entity shall make reasonable efforts to provide the bureau with comparison standards, such as:

(a) comparison standards for DNA analysis from all available potential sources.

 

R698-11-6. Laboratory Goals and Classifications.

(1) The bureau shall classify sexual assault kit submissions as follows:

(a) first priority if an immediate threat to public safety exists;

(b) second priority if a court date is scheduled and imminent; or

(c) third priority for all other cases.

(2) The goal for completion of analysis of sexual assault kit submissions is as follows:

(a) within 30 days from the date of submission for first priority cases;

(b) within 60 days from the date of submission for second priority cases; and

(c) within 180 days from the date of submission for third priority cases.

 

KEY: sexual assault kits, sexual assault kit analysis

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 76-5-609