Language filed by
Representative Jones to address the current backlog of untested rape kits and
create a statewide database for tracking these kits within the Executive Office
of Public Safety and Security (EOPSS) was included in a comprehensive criminal
justice reform bill approved by the House and Senate today. The bill is now on Governor Charlie Baker’s
desk awaiting his signature.
Under Representative Jones’ proposal, the Secretary of Public Safety and Security will convene a
multidisciplinary task force, in conjunction with the Department of Public
Health, to develop a tracking system that will provide sexual assault victims with
continuous access to information on their kits.
Victims will be able to track the status of their kits from their
initial collection and receipt by law enforcement, through the testing and
storage process.
The bill also
mandates that all existing untested kits associated with a reported crime be
submitted for testing within 180 days. In
2015, EOPSS requested reports from municipal police departments on the number
of untested rape kits in their possession, but only 75 out of 351 departments
responded.
The task force must
also identify mechanisms to fund the testing of kits to remove any existing
backlogs, to ensure victims of rape are not denied justice due to budgetary
constraints. Grant programs – including the
Sexual Assault Forensic Evidence-Inventory, Tracking and Reporting Program
(SAFE-ITR) grant and the DNA Capacity Enhancement and Backlog Reduction (Debbie
Smith) grant – are already in place to ensure states have the means to provide
information to the victim, and bring the offender to justice. Other cities and states – including the Idaho
State Police and Portland, Oregon – also provide software free of charge to
streamline the testing and cataloging of kits.
In drafting his
proposal, Representative Jones worked closely with the Joyful Heart Foundation
– a national organization that advocates for survivors of sexual assault,
domestic violence, and child abuse – to develop a comprehensive approach that
incorporates the best practices identified in other jurisdictions. While a number of states have already passed rape
kit reform laws, the changes adopted in Massachusetts will be among the most
comprehensive in the nation.
“The forensic evidence obtained from testing these kits is
critical to helping law enforcement connect individuals to unsolved crimes, but
can also be used to help exonerate an innocent person,” said Representative
Jones. “The reforms adopted today by the House and Senate send a clear message
to survivors of sexual assault that
the Commonwealth is fully invested in helping them achieve justice and
hopefully realize a sense of healing after enduring such a traumatic experience.”
Major cities like
Cleveland, Detroit, and Memphis have tested thousands of backlogged kits in
storage. In Detroit alone, a total of 11,341
kits were tested, resulting in 2,616 matches made on the DNA database and
allowing authorities to identify 811 potential serial rapists who have
committed crimes in 40 states and Washington, D.C.
In October of 2016,
Governor Baker signed a law requiring forensic evidence obtained as part of a
sexual assault or rape investigation to be retained for a minimum of 15 years,
which corresponds to the statute of limitations for these crimes. Previously, this evidence was required to be
preserved for only six months, and victims had to petition every six months to
have it preserved for a longer period of time.
The bill that is
now on the Governor’s desk requires hospitals and medical facilities to notify
local law enforcement within 24 hours of collecting sexual assault evidence. Law enforcement agencies must retrieve the
evidence kit within 3 business days of being notified, and will have up to 7
business days to submit the evidence for testing at the State Police or municipal
crime lab. The bill requires the lab to
test each kit within 30 days of receipt.
The criminaljustice reform bill allows the Secretary of EOPSS to incrementally phase in
sexual assault kit tracking systems, but requires all jurisdictions to be fully
compliant by December 1, 2019.
Governor Baker has until April 14
to sign the bill into law.
