Chapter 03. Review of Law Enforcement Decisions Not to Test a Kit
Regulation .01 Scope.LinkCopy Citation
This chapter sets out the procedures under which a person may request the review of a law enforcement agency’s decision not to test a sexual assault evidence collection kit.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.
(2)
“Kit” means a sexual assault evidence collection kit.
(3)
“SART” means a sexual assault response team which includes at least one representative from each of the following professions and organizations:
(a)
Forensic nurse examiner providing services at a local sexual assault forensic examination program or other qualified health care provider from a local hospital;
(b)
Local law enforcement agency;
(c)
Local State’s attorney’s office;
(d)
Local certified rape crisis center;
(e)
Maryland Coalition Against Sexual Assault;
(f)
Crime lab, if available; and
(g)
Crime victim rights attorney, if available.
(4)
“Untested kit review” means the independent review by a SART or the Committee of a law enforcement agency’s decision not to test a kit.
Regulation .03 Untested Kit Review by SARTs.LinkCopy Citation
A.
When a law enforcement agency decides not to test a kit, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred may request an untested kit review.
B.
The request for an untested kit review shall first be submitted to the SART where the alleged assault occurred if one exists.
C.
All SART members representing the professions and organizations listed in Regulation .02B(3) of this chapter shall participate in the untested kit review.
D.
A person involved in the investigation of a sexual assault case may not participate in the untested kit review for a kit related to that case.
E.
The SART may request and consider case files and any other evidence it deems appropriate when conducting an untested kit review.
F.
The SART shall issue a written determination pursuant to an untested kit review in a timely manner.
G.
The SART’s determination will serve as a recommendation only and is not a contested case under the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
H.
In jurisdictions where there is not a functioning SART as defined in Regulation .02B(3) of this chapter, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred shall submit a request for an untested kit review directly to the Committee.
Regulation .04 Untested Kit Review by the Committee.LinkCopy Citation
A.
After the SART issues its recommendation, the victim, victim’s representative, or member of the SART where the alleged assault occurred may request an untested kit review by the Committee.
B.
Subcommittee Membership.
(1)
The Committee shall designate a subcommittee with one Committee representative from each of the professions or organizations listed in Regulation .02B(3) of this chapter to review the law enforcement agency’s decision not to test a kit.
(2)
The subcommittee shall include a representative from the Office of the Attorney General.
(3)
A subcommittee member that participated in an untested kit review by a SART may not participate in an untested kit review of the same kit by the Committee.
C.
A person involved in the investigation of a sexual assault case may not participate in the untested kit review for a kit related to that case.
D.
The Committee may request and consider case files and any other evidence it deems appropriate when conducting an untested kit review.
E.
The Committee shall issue a written determination pursuant to an untested kit review in a timely manner.
F.
The Committee’s determination will serve as a recommendation only and is not a contested case under the Administrative Procedure Act.
G.
Upon request by the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred, and in those cases where there was no untested kit review by the SART, the full Committee may conduct an untested kit review.
Regulation .05 Confidential Proceedings.LinkCopy Citation
A.
SART and Committee meetings held for the purpose of conducting untested kit reviews are not open to the public.
B.
Information provided to, or gathered by, a SART or the Committee for purposes of conducting an untested kit review are confidential.
C.
Written determinations issued by a SART or Committee are not confidential.
D.
Personally identifying information shall be redacted from a written determination prior to its release.
Chapter annotations
Authority: Criminal Procedure Article, §§11-926(e) and 11-927(f), Annotated Code of Maryland
History: Effective date: May 4, 2020 (47:9 Md. R. 476)