Objective

To determine if the Division of State Police’s (Division) Crime Laboratory System (CLS) processed Sexual Offense Evidence Collection Kits (kits) in compliance with Executive Law Section 838-a: Maintenance of Sexual Offense Evidence Kits (Executive Law). This audit covered the period November 28, 2016 through October 31, 2019 and considered information provided by the Division through February 12, 2020.

About the Program

Medical professionals use kits to collect DNA and other evidence during the physical exam of an alleged victim of sexual assault. Once a victim consents to release a kit for testing, the investigating law enforcement agency collects it and sends it to a forensic laboratory to be analyzed and to potentially develop a DNA profile. DNA profiles that meet specific requirements are added to a federally administered database that facilitates the electronic exchange and comparison of information, which can help link violent crimes and known offenders.

The Executive Law, which was enacted in November 2016 and amended in February 2017, required all law enforcement agencies to submit any untested kits in their possession to a forensic laboratory by December 28, 2017 for analysis. The amendment further required kits received by law enforcement agencies prior to February 26, 2017 to be processed and results reported within 210 days of receipt at the lab, and kits received by law enforcement agencies on or after February 26, 2017 to be processed and reported on within 90 days of receipt at the lab.

The Forensic Investigation Center (FIC) in Albany is the only CLS laboratory that processes kits, and it does so for all jurisdictions across the State, excluding New York City.

Key Findings

• From November 28, 2017 to October 31, 2019, the FIC processed 1,656 kits. Only 356 of the 1,656 kits (21 percent) were completed within the time frames prescribed by law.
• As of October 31, 2019, the FIC had 1,916 kits that needed to be processed, and as of that date, the required processing time frame had elapsed for 1,681 kits (88 percent).
• In response to the Executive Law, Division officials stated that law enforcement agencies submitted 2,227 kits to the FIC in 2017 – more than three times the number of kits received the prior year, far surpassing the Division’s estimates. We project it will take the FIC about two years with its current staffing levels to process the backlog and to begin processing all newly received kits within 90 days, as required.

Key Recommendation

• Review the FIC’s ability to process kits within the statutory time frames and determine what process changes and resources are needed to meet Executive Law requirements.