W. Va. Code R. § 149-11-7

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 149-11-7 - Maintenance of nonreported Sexual Assault Evidence Collection Kits

7.1. Sexual Assault Evidence Collection Kits transmitted to the Marshall University Forensic Science Center pursuant to subsection 6.4. shall be maintained at no cost to the victim for a period of 20 years from the date the kit was collected.

7.2. Upon receipt of a kit, the Marshall University Forensic Science Center shall confirm that the kit is a nonreported kit. If it is not, Marshall University Forensic Science Center shall arrange for the kit to be sent for testing at the WV State Police Laboratory. Similarly, if the WV State Police Laboratory receives a nonreported kit, it shall arrange for the kit to be sent to Marshall University Forensic Science Center to be stored.

7.3. After a two-year period from the date the kit was collected, if adequate storage space is not available, non-report kits shall be assessed for evidence and re-packaged from original kits into smaller containers for the remainder of the initial 20-year storage periods.

7.4. The Marshall University Forensic Science Center shall develop a detailed protocol approved by the SAFE Commission, to triage the kit, preserve any potential evidentiary materials, retain blood/urine toxicology specimens, create an electronic case file, and take an electronic photo of any packaging and unused kit materials that are disposed.

7.5. The Marshall University Forensic Science Center shall maintain a strict protocol approved by the SAFE Commission for the disposition of kits. This shall include the shredding/destruction of personal confidential information as well as the utilization of a regulated biohazardous medical waste disposal service for the disposition of any biological materials. All electronic case files on a disposed kit shall be permanently deleted.

7.6. The Marshall University Forensic Science Center shall send a notice to the sexual assault victim's last known address no fewer than 60 days prior to the date of the intended destruction or disposal of the evidence of the victim's rights under W. Va. Code §61-11A-9 (Sexual Assault Victims' Bill of Rights). The notice shall include information on the process that allows the victim to request, in writing, a ten-year extension on their kit's retention to the Marshall University Forensic Science Center, as provided in W. Va. Code §61-11A-9 (Sexual Assault Victims' Bill of Rights).

W. Va. Code R. § 149-11-7