Building public trust and safety through the Sexual Assault Kit Initiative (SAKI) Kevin Strom, PhD RTI International

Transcription

1 Building public trust and safety through the Sexual Assault Kit Initiative (SAKI) Kevin Strom, PhD RTI International

2 This project was supported by Grant No AK-BX-0019 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the U.S. Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

3 Why unsubmitted SAKs accumulated DNA testing did not exist No policy regarding SAK submission and testing No funding to test all SAKs Utility to investigation stage unclear Insufficient staffing to investigate and prosecute all cases Victim-blaming and misinterpreting signs of trauma Source: Campbell et al., 2016; Strom and Hickman, 2010

4 SAKI Grantees In FY2015, 20 jurisdictions were selected to receive SAKI funding. BJA funded 12 additional jurisdictions in 2016 and 9 jurisdictions in There are currently 41 SAKI Grantee Sites 16 statewide sites 1 multi-county site 8 county-level sites 16 city-level sites Total funding awarded to date: ~$117 million

5 National Impact of SAKI Under SAKI, jurisdictions must: Inventory all unsubmitted SAKs Conduct an investigative case review associated with each unsubmitted SAK Create DNA testing plan Track sexual assault evidence Provide effective communication with survivors of sexual assault

6 Why is it important to test unsubmitted SAKs? Apprehend violent offenders Justice for victims Hold offenders accountable Populate CODIS Case connectivity Lawfully owed DNA Research Serial offenders Cross-over offending Reasons SAKs were not submitted for testing

7 Contact Information Kevin Strom, PhD. RTI International Director, Center for Policing Research & Investigative Science SAKI TTA Project Director (919)

8 WiSAKI: The WI Sexual Assault Kit Initiative Constance Kostelac, PhD Director, Bureau of Justice Information and Analysis Wisconsin Department of Justice

9 This project was supported by Grant No AK-BX-0019 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the U.S. Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

10 WI Sexual Assault Kit Initiative 2015 BJA Award of $2,000,000 Create a SAKI SART within DOJ Create a survivor outreach campaign Kit testing 2015 DANY Award of $2,000,000 Kit testing

11 Preparation Position authority to hire staff Develop data collection tool for inventory Inventory Massive statewide scope 72 counties with 557 law enforcement jurisdictions Testing Contract with external labs Coordinate submission of kits designated for testing A lot of foundational work was required before we could begin testing kits

12 Early challenges October 1, 2015: Grant period begins January 13, 2016: Less than four full months after the grant period began, a media report surfaced saying we hadn t made much progress. February 7, 2017: A month before massive, statewide inventory was completed, a state representative requested an audit of WiSAKI, alleging the effort was staggeringly inefficient, possibly wasteful with a deplorable lack of urgency.

13 While the intent of these words may have been genuine interest in making sure this initiative was moving forward, a lack of knowledge or misunderstanding of the process, the unintended consequence could be increasing a survivor s mistrust of the criminal justice system. The perception that those in positions to respond to sexual assault reports don t care, could prevent survivors from coming forward to report or seek services. Survivor Perception & Impact: The needs and well-being of the survivors are of utmost concern

14 To ensure open, transparent, and timely information about WiSAKI, a website was launched in September of

15 This a snapshot overview of the previously unsubmitted sexual assault kits inventoried as part of the WiSAKI project and the current project stage for each of the kits. The overview and numbers will continue to change as kits move through the submission and testing process. * Number of kits as of

16 * Number of kits as of

17 Reasons sexual assault kits were not previously submitted for DNA testing

18 As the testing process continues and more sexual assault kits are tested and the results are verified, these counts and percentages will change. Number of kits as of

19 WI Sexual Assault Kit Initiative Number of previously unsubmitted sexual assault kits Reasons kits weren t submitted What we ve learned Testing kits What we re doing now Resources to assist local jurisdictions Law enforcement trainer Legislation Tracking system Non-reporting option Continued research Steps toward change

20 WI Sexual Assault Kit Initiative 2015 BJA Award of $2,000,000 Create a SAKI SART within DOJ Create a survivor outreach campaign Kit testing 2015 DANY Award of $2,000,000 Kit testing 2016 BJA Award of $1,108,914 Fund local sexual assault service providers Storage for non-reporting sexual assault kits 2017 BJA Award of $2,000,000 Tracking system Law enforcement trainer Kit testing

21 Contact Information The WiSAKI team can be reached at

22 Utah SAKI Project Pilot Project

23 This project was supported by Grant No AK-BX-K021 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the U.S. Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

24 Utah SAKI Grant Overview SAKI Site Coordinator (2)SAKI Investigators/ (1)Victim Advocate Crime Lab Victim s Rights Attorney /Training Attorney Local LE Agencies SANE Nurse Governor's Office Commission on Criminal and Juvenile Justice Utah Department of Public Safety State Bureau of Investigations Utah Department of Public Safety Forensic Services Utah Crime Victims Legal Clinic 11+ Local LE Agencies Wasatch Forensic Nurses

25 Utah SAKI-Challenges Large state geographically (13th largest in area) Metro vs. Rural areas Current backlog at crime lab Train multiple disciplines to address issues Participation with all agencies Lack of Resources

26 Utah SAKI Strategies What works?

27 What Works for Utah Face to Face Contact Timely access and response Offering Investigative and advocacy services Partnership with crime lab Working with all disciplines that address sexual assault Providing training statewide Asking for feedback. What is not working? Passing legislation to support SAKI efforts Media Identifying champions within disciplines and communities

28 Staying Committed to the Victim Centered Approach

29 I have never stopped thinking about my case and I always wondered when someone would contact me". She also said, "I can't believe that someone believes me, no one believed me when it happened". ~2010 Cold Case

30 Utah SAKI Successes 1) The most rural jurisdictions had the best turnout for training. 2) Buy-in. Agencies turn to us for training & expertise. 3) Passing Legislation (HB 200 and HB 119) a. Sexual Assault Kit Tracking System b. Mandate testing of ALL sexual assault kits c. Retention policies on sexual assault kits d. Additional training on trauma-informed investigations for LE 4) Reviewing cases with multidisciplinary teams. 5) Outcomes

31 What s Next for Utah? 2017 Statewide SAKI Funding Offender DNA Clearing the Backlog created by the Submit All legislation Sustainability

32 Contact Information Utah SAKI Team Krystal Hazlett Commission on Criminal & Juvenile Justice SAKI Site Coordinator Lauren DeVries Department of Public Safety SAKI Victim Advocate Agent Steve O Camb Department of Public Safety SAKI Investigator ocamb@utah.gov Agent Derek Coats Department of Public Safety SAKI Investigator dcoats@utah.gov

33 Texas Response to Sexual Assault Brady Mills, Crime Laboratory Director Texas Department of Public Safety

34 SAK Backlog Audit & Testing September 1, 2011 August 31, 2017

35 Legislation All active cases were required to be an SB Effective: September 1, 2011 Established an endpoint for discretionary SAK submissions Required SAK submission to lab within 30 calendar days Required all active cases to be submitted Required an audit of the number of untested SAKste an

36 The SAK Audit & Funding Statute only provided 45 days for audit & report No sanction for not reporting Lab directors estimated 20,000 untested kits 011 Initial report to 2013 legislature 136 LEAs reported just over 15,800E 30 calendar days August LEAs reported 18,955 DPS secured grant funding from the Governor s Office which allowed for outsourcing to two private labs & UNT

37 Results Completed: August 31, 2017 DPS had testing completed on 8,349 cases through outsource contracts Additionally, DPS completed testing of 1,761 kits internally prior to outsourcing contract being awarded The Houston Forensic Science Center had testing performed on 6,663 cases via outsource contracts0 11calendar days TOTAL = 16,773 cases tested & submitted to CODIS if they contained eligible DNA profiles

38 Texas SAK Programs Storage, Non-Report, Tracking

39 Storage of Biological Evidence HB 3594 Effective: January 1, 2010 Collaborated with other stakeholders to draft the Best Practices for Collection, Storage, Preservation, and Retrieval of Biological Evidence LEAs from counties with a population less than 100,000 can deliver for long-term storage biological evidence or bio-evidence to the DPS evidence storage facility in Houston Agencies store the evidence locally until conclusion pending trial Post conviction or bio-evidence related to an unsolved felony crime can be sent to DPS for storage

40 Non-Report Program HB 2626 Effective: September 1, 2009 Allows survivors to obtain a forensic medical exam and have evidence collected, without cost to the victim, even if they do not wish to involve law enforcement personnel at the time of its collection Defines the applicable heath care facilities that are affected by the program and directs them to perform the appropriate exam Directs DPS to pay the health care facility fees for the forensic portion of the exam Directs the Texas Attorney General s Office to reimburse DPS Requires DPS to transfer and preserve the evidence for either two years or until the victim releases the evidence, whichever comes first

41 Tracking Program HB 281 Effective: September 1, 2019 Requires DPS to develop and implement a statewide electronic tracking system to track the status and location of each item of evidence through various stages of the criminal justice process allow entities involved in the handling of the evidence to update and track the status and location of evidence allow survivors to anonymously track or receive updates on the status of evidence Participation is required by any entity that collects evidence of sexual assaults or other sex offenses or investigates or prosecutes such offenses

42 Six Pillars of Legislative Rape Kit Reform End the Backlog

43 Six Key Pillars 1) Annual statewide inventory of untested kits 2) Mandatory testing of backlogged kits 3) Mandatory testing of new kits 4) Statewide Tracking system 5) Victims rights to notice 6) Funding for reform By creating the statewide tracking system, Texas became the first in the nation to implement all six key pillars

44 Contact Information Brady Mills Crime Laboratory Director (512)