- A. When a law enforcement agency decides not to test a kit, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred may request an untested kit review.
- B. The request for an untested kit review shall first be submitted to the SART where the alleged assault occurred if one exists.
- C. All SART members representing the professions and organizations listed in Regulation .02B(3) of this chapter shall participate in the untested kit review.
- D. A person involved in the investigation of a sexual assault case may not participate in the untested kit review for a kit related to that case.
- E. The SART may request and consider case files and any other evidence it deems appropriate when conducting an untested kit review.
- F. The SART shall issue a written determination pursuant to an untested kit review in a timely manner.
- G. The SART’s determination will serve as a recommendation only and is not a contested case under the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
- H. In jurisdictions where there is not a functioning SART as defined in Regulation .02B(3) of this chapter, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred shall submit a request for an untested kit review directly to the Committee.
Authority: Criminal Procedure Article, §§11-926(e) and 11-927(f), Annotated Code of Maryland
Effective date: May 4, 2020 (47:9 Md. R. 476)