Overview
During our audit, the current locations for 17 out of the 60 SAECKs in our sample were inaccurate.
The Track-Kit system indicated that 15 of these 17 SAECKs in our sample were in MSPCL’s possession, but we confirmed that these 15 SAECKs were retrieved by and in the possession of local law enforcement agencies (LLEAs). Additionally, the system indicated that the remaining 2 of these 17 SAECKs in our sample were in possession of LLEAs; however, we confirmed that they had been transferred to the EOPSS long-term storage facility.
If the Track-Kit system is not consistently updated, survivors of sexual assault will not always have access to the most up-to-date locations of their SAECKs and may not know where their SAECKs are in the testing process. Further, law enforcement agencies may not know where the SAECKs can be found, delaying or preventing them from accessing this evidence.
Authoritative Guidance
Section 18X(b) of Chapter 6A of the General Laws states,
The statewide sexual assault evidence kit tracking system shall:
(i) track the location and status of sexual assault evidence kits throughout the criminal justice process, including: (1) the initial collection in examinations performed at hospitals or medical facilities; (2) receipt and storage at a governmental entity, including a local law enforcement agency, the department of state police, a district attorney’s office or any other political subdivision of the commonwealth or of a county, city or town; (3) a hospital or medical facility that is in possession of forensic evidence pursuant to section 97B of chapter 41; (4) receipt and analysis at forensic laboratories; and (5) storage and any destruction after completion of analysis;
(ii) allow hospitals or medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the crime laboratory within the department of state police, or any crime laboratory operated by the police department of a municipality with a population of more than 150,000, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits;
(iii) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault kits.
Reasons for Issue
MSPCL management told us that LLEAs are not updating the Track-Kit system once SAECKs are either returned to an LLEA or placed into EOPSS’s long-term storage. EOPSS did not have procedures for reviewing the location within the Track-Kit system.
Recommendations
- EOPSS should educate LLEAs about the importance of updating the Track-Kit system with the physical locations of SAECKs.
- EOPSS should periodically audit the locations of SAECKs to ensure that the Track-Kit system is up-to-date.
Auditee’s Response
As the Auditor notes, the law requires LLEAs that obtain possession of kits to update locations in the Track-Kit system. EOPSS has no authority over the LLEAs. Moreover, given that the Auditor recognizes that the LLEA is the entity that has removed the kits from the MSPCL possession, the conclusion that the database discrepancy may result in law enforcement agencies being unable to locate kits is unfounded.
Nonetheless, EOPSS will start running a data query that will specify instances in which LLEA’s have not updated Track-Kit. This will allow EOPSS to proactively contact LLEAs to ensure they are fulfilling their obligation to update the tracking system. With this additional step, EOPSS will be able to know which law enforcement agency to contact and notify that it has yet to complete its role in the Track-Kit system. EOPSS has also added to the Policy Manual a quarterly review of all kits that are indicated by lab as “ready for pick up” and missing a lab pick up date. Outreach will take place if a kit is missing the required information.
EOPSS has also held numerous trainings through [the Municipal Police Training Committee] regarding Track-Kit. In addition to voluntary trainings that law enforcement personnel may attend, training has also been implemented in the mandatory Sexual Assault Investigator Training. EOPSS will continue to work with our Law Enforcement partners to ensure they understand their responsibilities.
Auditor’s Reply
EOPSS states that the database discrepancy is unfounded. We found that 17 of the 60 SAECKS in our sample were in a different location to what was logged in the Track-Kit system. EOPSS indicates that this was because LLEAs removed these SAECKS from MSPCL. As an appropriate internal control, MSPCL should record which entity removed each SAECK from its possession to ensure that those kits can be easily located and to preserve a documented chain of evidence.
Based on EOPSS’s response, it is taking measures to address our concerns regarding this matter.
| Date published: | August 8, 2024 |
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