Sexual Assault Evidence Kits found to be a reimbursable mandate

On Friday, July 23, the Commission on State Mandates approved the Test Claim “Sexual Assault Evidence Kits” (SAEKs) by a vote of 6-0. The Test Claimant (the City of San Diego) alleged that the activities required by Senate Bill 22 (SB 22) were an unfunded mandate and require a subvention of funds through the State-Mandated Cost process. SB 22 amended Penal Code section 680 to require law enforcement agencies to perform specified activities relating to DNA testing of sexual assault forensic evidence within specified time periods.

The Commission found the following activities to be reimbursable:

• A law enforcement agency in whose jurisdiction a sex offense specified in Penal Code sections 261, 261.5, 262, 286, 287, or 289 or former section 288a occurred shall do one of the following for any sexual assault forensic evidence received by the law enforcement agency on or after January 1, 2016:

  • Submit sexual assault forensic evidence to the crime lab within 20 days after booked into evidence; or

  • Ensure that a rapid turnaround DNA program is in place (with a written agreement between the law enforcement agency, the crime lab, and the medical facility pursuant to Penal Code section 680(c)(5)) to submit sexual assault forensic evidence directly from the medical facility examining the victim to the crime lab within five days. (Penal Code 680(c)(1), Stats. 2019, ch. 588.)

• For any sexual assault forensic evidence received on or after January 1, 2016, the law enforcement’s crime lab shall do one of the following:

  • Process sexual assault forensic evidence, creating DNA profiles when able, and upload qualifying DNA profiles into CODIS as soon as practically possible, but no later than 120 days after initial receipt; or

  • Transmit sexual assault forensic evidence to another crime lab for DNA processing as soon as practically possible, but no later than 30 days after initial receipt. The transmitting crime lab shall upload into CODIS any qualifying DNA profiles from sexual assault forensic evidence as soon as practically possible, but no longer than 30 days after being notified about the presence of DNA and no later than 120 days after the transmitting crime lab initially receives the evidence. (Penal Code 680(c)(2), Stats. 2019, ch. 588.)

There is the possibility additional eligible activities could be added to SAEKs in the Parameters and Guidelines (P’s & G’s). The P’s & G’s could be adopted on either September 24 or December 3. If the P’s & G’s are adopted on September 24, the State Controller’s Office (SCO) could issue Claiming Instructions for SAEKs on December 27 with the initial claims due on April 26, 2022. If the P’s & G’s are adopted on December 3 , the SCO would issue Claiming Instructions on March 7 with the initial claims due on July 6, 2022.

The eligible period of reimbursement for SAEKs began on January 1, 2020, so the initial deadline will have claimable years for FY 2019-20 (1/1/2020 - 6/30/2020) and FY 2020-21.