CR 23-044 Rule Text

CHAPTER JUS 21

TRACKING OF SEXUAL ASSAULT KITS IN SEXUAL ASSAULT CASES

JUS 21.01 Authority. The Wisconsin Department of Justice has promulgated these rules pursuant to the authority granted by s. 165.776(4), Stats.

JUS 21.02 Definitions. In this chapter:

(1)

“Health care professional” has the meaning given in s. 165.775(1)(b), Stats.

(2)

“Reporting victim” means a person who reports to a law enforcement agency that he or she was sexually assaulted.

(3)

“Sexual assault kit” has the meaning given in s. 165.775(1)(e), Stats.

JUS 21.03 Health care professional procedures. Health care professionals shall:

(1)

Upon collection of a victim’s sexual assault kit, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

JUS 21.04 Law enforcement agency procedures. Law enforcement agencies shall:

(1)

Upon taking possession of a sexual assault kit for a reporting victim from a health care professional in Wisconsin, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(2)

Upon taking possession of a sexual assault kit for a reporting victim from a health care professional who collected the evidence outside of Wisconsin, and where the kit does not contain the Wisconsin Sexual Assault Kit Tracking System barcodes, notify the state crime laboratories for assistance.

(3)

When, after taking possession of a sexual assault kit from a health care professional in Wisconsin, but before submitting it to the state crime laboratories for processing, the reporting victim notifies the law enforcement agency that the victim does not want to proceed with analysis of the kit, notify the state crime laboratories of these facts to assist the state crime laboratories in updating the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(4)

Notify the state crime laboratories whenever a victim, after having first chosen not to report a sexual assault as provided in Jus 20.03 (2) or notified the law enforcement agency that the victim does not want to proceed with analysis of the kit as provided in sub. (3), notifies the law enforcement agency that the victim does want to proceed with analysis of the kit to allow the state crime laboratories to update the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(5)

Upon receiving a victim’s sexual assault kit from the state crime laboratories after it has been processed, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

JUS 21.05 State crime laboratories procedures. The state crime laboratories shall:

(1)

Upon taking possession of a sexual assault kit from a victim submitted by a Wisconsin law enforcement agency, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(2)

Upon taking possession of a sexual assault kit collected from a victim and submitted by a health care professional in Wisconsin, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(3)

After processing is complete for a sexual assault kit from a reporting victim and the kit is ready to be returned to the submitting law enforcement agency, enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

(4)

When a sexual assault kit from victim is destroyed by the state crime laboratories after the 10-year storage period provided in s. 165.775(4)(a), Stats., enter the information for the kit in the required fields defined by the Wisconsin Sexual Assault Kit Tracking System.

SECTION 2. EFFECTIVE DATE. These rules take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22(2) (intro.), Stats.

(END OF TEXT OF THE RULE)

WISCONSIN DEPARTMENT OF JUSTICE

Dated:____________________   Agency:   _________________________

              Joshua L. Kaul

              Attorney General