Sexual Assault Forensic Evidence (SAFE) Kit
The
Sexual Assault Forensic Evidence Kit Tracking (SAFE Kit) program is a
nationwide cooperative effort of many medical facilities, law enforcement
agencies and labs joining forces to track a Sexual assault kit across a state.
The monthly contributions to Nevada’s current program, with over 15 Medical
facilities, 35 local law enforcement agencies reporting, 10 Prosecutors and 2
Labs represent a solid beginning to establishing an effective statewide
tracking system. We also invite non-participating agencies in Nevada to join
their peers in this effort to provide comprehensive tracking in the state.
Inquiries
concerning SAFE Kit Program may be directed to:
Department of Public Safety
Records, Communications and
Compliance Division
SAFE Kit Program
333 West Nye Lane Suite 100
Carson City, NV 89706
(775) 684-6262
The
purpose of the Trackit program is to establish a procedure for accessing,
tracking, and reporting the status of a SAFE Kit. The web-based system
(TRACKIT) will allow providers of health care who perform forensic medical
examinations, law enforcement agencies, prosecutors, forensic laboratories, and
any other entities having sexual assault forensic evidence kits in their
custody to track the status and location of sexual assault forensic evidence kits.
It will also allow the survivor to anonymously track and/or receive update on
their kit.
The
79th session of the Nevada Legislature created the Sexual Assault
Kit Tracking Program which was delegated to the Department of Public Safety’s
Records, Communications and Compliance Division. NRS 200.37881 provides
the requirements required for the reporting (Effective January 2021)
1.
A statewide program to track sexual assault forensic evidence kits must be
established in this State. The Attorney General shall, pursuant to the
recommendation of the Sexual Assault Kit Working Group, designate a department
or division of the Executive Department of State Government to establish the
program. The designated department or division may contract with any
appropriate public or private agency, organization, or institution to carry out
the provisions of this section.
2.
The program to track sexual assault forensic evidence kits must:
(a)
Track the location and status of sexual assault forensic evidence kits,
including, without limitation, the initial forensic medical examination,
receipt by a law enforcement agency and receipt and genetic marker analysis at
a forensic laboratory.
(b)
Allow providers of health care who perform forensic medical examinations, law
enforcement agencies, prosecutors, forensic laboratories and any other entities
having sexual assault forensic evidence kits in their custody to track the
status and location of sexual assault forensic evidence kits.
(c)
Allow a victim of sexual assault to anonymously track or receive, by telephone
or on an Internet website, updates regarding the status and location of his or
her sexual assault forensic evidence kit.
3.
The department or division designated pursuant to subsection 1 shall, on or
before January 1 and July 1 of each year, submit to the Governor and the
Director of the Legislative Counsel Bureau for transmittal to the Advisory
Commission on the Administration of Justice and post on the Internet website
maintained by the department or division a report concerning the statewide
program to track sexual assault forensic evidence kits. The report must
include:
(a)
The number of sexual assault forensic evidence kits in the program in each
county.
(b)
The number of sexual assault forensic evidence kits for which genetic marker
analysis has been completed for each county for the last 6 months.
(c)
The number of sexual assault forensic evidence kits added to the program in
each county during the last 6 months.
(d)
The number of sexual assault forensic evidence kits for which genetic marker
analysis has been requested but not completed for each county.
(e)
For this State as a whole and each county, the average and median time between
a forensic medical examination and receipt of a sexual assault forensic
evidence kit by a forensic laboratory for genetic marker analysis, overall and
for the last 6 months.
(f)
For this State as a whole and each county, the average and median time between
receipt of a sexual assault forensic evidence kit by a forensic laboratory and
genetic marker analysis, overall and for the last 6 months.
(g)
The number of sexual assault forensic evidence kits in each county awaiting
genetic marker analysis for more than 1 year and 6 months after forensic
medical examination.
4.
Each law enforcement agency, prosecutor, forensic laboratory and provider of
health care who performs forensic medical examinations in this State shall
participate in the statewide program to track sexual assault forensic evidence
kits for the purpose of tracking the status of any sexual assault forensic
evidence kits in the custody of the agency, prosecutor, laboratory or provider,
or a third party under contract with such agency, prosecutor, laboratory or
provider.
5.
Any agency or person who acts pursuant to this section in good faith and
without gross negligence is immune from civil liability for those acts.
6.
The department or division designated pursuant to subsection 1 may apply for
and accept any gift, donation, bequest, grant or other source of money to carry
out the provisions of this section.
7.
As used in this section, “Sexual Assault Kit Working Group” means the statewide
working group led by the Office of the Attorney General to create policies and
procedures to address the backlog of sexual assault forensic evidence kits that
have not been tested.
(Added to NRS by 2017, 2886; A
2019, 2850, effective January 1, 2021)