Nevada § 200.3788 - Statewide program to track sexual assault forensic evidence kits: Requirements; annual report; participation; immunity from civil liability

§ 200.3788. Statewide program to track sexual assault forensic evidence kits: Requirements; annual report; participation; immunity from civil liability

1. A statewide program to track sexual assault forensic evidence kits must be established

in this State. The Attorney General shall, pursuant to the recommendation of the Sexual Assault

Kit Working Group, designate a department or division of the Executive Department

of State Government to establish the program. The designated department or division may contract with any appropriate public or

private agency, organization or institution to carry out the provisions of this section. 2. The program to track sexual assault forensic evidence kits must: (a) Track the location and status of sexual assault forensic evidence kits, including,

without limitation, the initial forensic medical examination, receipt by a law enforcement

agency and receipt and genetic marker analysis at a forensic laboratory. (b) Allow providers of health care who perform forensic medical examinations, law

enforcement agencies, prosecutors, forensic laboratories and any other entities having

sexual assault forensic evidence kits in their custody to track the status and location

of sexual assault forensic evidence kits. (c) Allow a victim of sexual assault to anonymously track or receive, by telephone

or on an Internet website, updates regarding the status and location of his or her

sexual assault forensic evidence kit. 3. The department or division designated pursuant to subsection 1 shall, on or before

January 1 and July 1 of each year, submit to the Governor and the Director of the

Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee

on the Judiciary and post on the Internet website maintained by the department or

division a report concerning the statewide program to track sexual assault forensic

evidence kits. The report must include: (a) The number of sexual assault forensic evidence kits in the program in each county. (b) The number of sexual assault forensic evidence kits for which genetic marker analysis

has been completed for each county for the last 6 months. (c) The number of sexual assault forensic evidence kits added to the program in each

county during the last 6 months. (d) The number of sexual assault forensic evidence kits for which genetic marker analysis

has been requested but not completed for each county. (e) For this State as a whole and each county, the average and median time between

a forensic medical examination and receipt of a sexual assault forensic evidence kit

by a forensic laboratory for genetic marker analysis, overall and for the last 6 months. (f) For this State as a whole and each county, the average and median time between

receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic

marker analysis, overall and for the last 6 months. (g) The number of sexual assault forensic evidence kits in each county awaiting genetic

marker analysis for more than 1 year and 6 months after forensic medical examination. 4. Each law enforcement agency, prosecutor, forensic laboratory and provider of health

care who performs forensic medical examinations in this State shall participate in

the statewide program to track sexual assault forensic evidence kits for the purpose

of tracking the status of any sexual assault forensic evidence kits in the custody

of the agency, prosecutor, laboratory or provider, or a third party under contract

with such agency, prosecutor, laboratory or provider. 5. Any agency or person who acts pursuant to this section in good faith and without

gross negligence is immune from civil liability for those acts. 6. The department or division designated pursuant to subsection 1 may apply for and

accept any gift, donation, bequest, grant or other source of money to carry out the

provisions of this section. 7. As used in this section, “ Sexual Assault Kit Working Group ” means the statewide working group led by the Office of the Attorney General to create

policies and procedures to address the backlog of sexual assault forensic evidence

kits that have not been tested.