Montana Code 46-15-405. Statewide sexual assault evidence kit tracking system — rulemaking
46-15-405. Statewide sexual assault evidence kit tracking system — rulemaking. (1) The sexual assault response network program within the department of justice shall operate and maintain a statewide sexual assault evidence kit tracking system. The tracking system must:
Terms Used In Montana Code 46-15-405
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(a)track the status of a sexual assault evidence kit from the collection site through the criminal justice process, including the initial collection at a health care facility, inventory and storage by law enforcement agencies, analysis at a crime laboratory, and storage or destruction after completion of analysis;
(b)allow law enforcement agencies, health care facilities, a crime laboratory, and other entities that receive, maintain, store, or preserve sexual assault evidence kits to update the status and location of the kits; and
(c)allow an individual to anonymously access the tracking system to track the location and status of the individual’s sexual assault evidence kit.
(2)The department of justice shall adopt rules for developing and using the sexual assault evidence kit tracking system. Law enforcement agencies, health care facilities, and crime laboratories shall use the tracking system as provided in the rules.
(3)Information contained in the sexual assault evidence kit tracking system is confidential and not subject to public disclosure.