(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.
KEY: sexual assault kits, sexual assault kit analysis
Date of Last Change: January 10, 2018
Notice of Continuation: December 12, 2022
Authorizing, and Implemented or Interpreted Law: 76-5-609