To: All RPD Personnel

From: Chief Gary Manos

Date: December 1, 2018

Ref: S.O.P. 18:003 – Sexual Assault Victims Rights

This Standard Operating Procedure addresses new regulations that went into effect on October 8, 2018. The new regulations, entitled Sexual Assault Victims Rights – Disposal of Rape Kit Evidence and Notification, are codified under COMAR 02.08.01.01-.05. These regulations ensure the uniform statewide implementation of House Bill 255/Chapter 159 which expanded the state’s victim notification and sexual assault evidence kit (“SEAK”) retention requirements.

To that end, the Ridgely Police Department (RPD) will now adhere to the following procedures:

1. If a victim requests information about a SEAK that is in the possession of the RPD the department will, within 30 days, provide the victim with;

A. Information about the status of the kit analysis

B. All available results of the kit analysis

Note: The RPD may decline to provide results that would impede or compromise an ongoing investigation. In this case the RPD will notify the victim of this decision.

2. The RPD will not destroy or dispose of a SEAK within 20 years of the evidence collection.

A. The RPD will also retain other crime scene evidence related to a sexual assault that has been identified by the State’s Attorney’s Office as relevant to prosecution.

Note: This 20-year requirement does not apply if the case has resulted in a conviction and the defendant has completed the sentence. It also does not apply if all suspects are deceased.

3. When a victim has requested it, the RPD will notify the victim at least 60 days in advance before any destruction or disposal of SEAK/sexual assault evidence.

A. The victim may request that the RPD retain the evidence for an additional 12 months or a time period agreed upon by both the victim and the RPD..