Sec. 02.08.01.04. Transfer and Destruction of Kits

A. Kit Transfers.

(1) A sexual assault evidence collection kit shall be transferred to a law enforcement agency:

(a) By a hospital or a child advocacy center within 30 days after the exam is performed; or

(b) By a government agency in possession of a kit, unless the agency is otherwise required to retain the kit by law or court rule.

(2) A hospital or child advocacy center shall cause a sexual assault evidence collection kit to be transferred by notifying the appropriate law enforcement agency as set forth in §A(4) and (5) of this regulation.

(3) Upon notification, the law enforcement agency shall promptly send a representative to retrieve the kit.

(4) Sexual assault evidence collection kits transferred pursuant to §A(1) of this regulation shall be given to the law enforcement agency responsible for investigating the crime associated with the kit, if known.

(5) If the law enforcement agency responsible for investigating the crime associated with the kit is unknown, the kit shall be given to a law enforcement agency in the county:

(a) Where the hospital, child advocacy center, or government agency is located; or

(b) Where the alleged sexual assault occurred.

B. Except as provided in §C of this regulation, within 20 years after the evidence is collected, a law enforcement agency may not destroy or dispose of:

(1) A sexual assault evidence collection kit; or

(2) Other crime scene evidence relating to a sexual assault that has been identified by the State’s Attorney as relevant to prosecution.

C. A law enforcement agency is not required to comply with the requirements in §B of this regulation if:

(1) The case for which the evidence was collected resulted in a conviction and the sentence has been completed; or

(2) All suspects identified by testing a sexual assault evidence collection kit are deceased.

D. On written request by the victim from whom the evidence was collected, a law enforcement agency with custody of a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault shall:

(1) Notify the victim no later than 60 days before the date of the intended destruction or disposal of the evidence; or

(2) Retain the evidence for 12 months longer than the period specified in §B of this regulation or for a time period agreed to by the victim and the law enforcement agency.