Okla. Admin. Code § 1:2019-5

Current through Vol. 42, No. 4, November 1, 2024

Section 1:2019-5

I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power and authority vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution and by Subsection D of Section 840-2.14 of the Oklahoma Statutes hereby order the continuation of the Oklahoma Task Force on Sexual Assault Forensic Evidence (Task Force) until January 1, 2023, or such earlier date as the Task Force completes its directives as set forth in numbered paragraphs 1 through 7 below.

The Task Force shall:

1. Examine the process for gathering and analyzing sexual assault forensic evidence kits in the State and work with members of the legislature to draft proposed legislation to improve the system response to sexual assault;

2. Develop a plan for the prioritization and acceptance of untested sexual assault forensic evidence kits identified in the statewide audit conducted by the Task Force;

3. Identify possible procedures for the testing of anonymous sexual assault evidence kits;

4. Identify possible improvements for victim access to evidence other than sexual assault forensic evidence kits, including but not limited to police reports and other physical evidence;

5. Identify additional rights of victims concerning the sexual assault forensic evidence kits testing process;

6. Identify and pursue grants and other funding sources in to order to address untested sexual assault forensic evidence kits, reduce testing wait times, provide victim notification, and improve efficiencies in the kit testing process; and

7. Develop a comprehensive training plan for equipping and enhancing the work of law enforcement, prosecutors, victim advocates, sexual assault nurse examiners and multidisciplinary Sexual Assault Response Teams (SARTs) across all jurisdictions within Oklahoma.

The Attorney General, or designee, shall serve as the Chairperson of the Task Force. The members of the Task Force shall be appointed by and serve at the pleasure of the Attorney General, and shall include: the Chief of the Attorney General's Victim Services Unit, or designee; one survivor of sexual assault with experience with sexual assault forensic evidence kit collection; one survivor of sexual assault committed in Oklahoma who has participated in the justice system process; a sexual assault nurse examiner; a person designated by the Director of the Oklahoma State Bureau of Investigation who has expertise in the analysis of sexual assault forensic evidence kits; a person with experience seeking and applying for grants and other private funding; the Executive Director of the Oklahoma Sheriff 's Association, or designee; a law enforcement officer from a rural sheriff's office; the Chief of the Oklahoma City Police Department, or designee; the Chief of the Tulsa Police Department, or designee; a law enforcement officer from a rural municipal law enforcement agency; the Executive Director of the Oklahoma Association of Chiefs of Police, or designee; an attorney from a Public Defenders office with criminal defense experience; the Executive Coordinator of the Oklahoma District Attorneys Council, or designee; a sexual assault victims' advocate from a community?based organization; the Executive Director of the Oklahoma Coalition Against Domestic Violence and Sexual Assault, or designee; the Executive Director of the Native Alliance Against Violence, or designee; a representative of the Administrative Office of the Courts familiar with data coding and running queries; the Executive Director of the Council on Law Enforcement Education and Training, or designee; two nonvoting members from among the members of the Senate, of which may not be from the same political party; and two nonvoting members from among the members of the House of Representatives, of which may not be from the same political party.

The Task Force shall meet at such times and places as the Chairperson deems appropriate. Members shall serve without compensation or travel reimbursement. A quorum of the Task Force shall be required to approve any final action of the Task Force. Ten (10) members will constitute quorum.

All sexual assault forensic evidence kits currently in the possession of any law enforcement agency are to be preserved until such time that the law enforcement agency is informed in writing by the Task Force that evidence kits may be submitted to a lab for testing or disposed of, or until such time as the legislature enacts laws governing the preservation and maintenance of the evidence kits.

Every agency charged with the maintenance, storage, or preservation of untested sexual assault forensic evidence kits shall continue to inventory all untested kits and upon request, identify the following: the unique identifier for the kit; the date the crime occurred; and the date of the examination and forensic collection, to the Attorney General. The agency may, but is not required to, disclose the reasons for not submitting the collected kit to the laboratory for analysis.

This Executive Order shall be distributed to the Secretary of State and each Task Force member.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this the 12^th day of March, 2019.

BY THE GOVERNOR OF THE

STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Michael Rogers

Secretary of State

Okla. Admin. Code § 1:2019-5

Adopted by Oklahoma Register, Volume 36, Issue 14, April 1, 2019, eff. 3/12/2019