Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R698. Public Safety Administration.

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

As in effect on July 1, 2019

Table of Contents

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

January 10, 2018

Authorizing, Implemented, or Interpreted Law

76-5-609


Additional Information

Contact

For questions regarding the content or application of rules under Title R698, please contact the promulgating agency (Public Safety Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.