R698-11-5. Sexual Assault Kit Analysis  


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  •   (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.