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02.08.03.00.htm 02.08.03.00. Title 02 OFFICE OF THE ATTORNEY GENERAL Subtitle 08 SEXUAL ASSAULT EVIDENCE KITS Chapter 03 Review of Law Enforcement Decisions Not to Test a Kit Authority: Criminal Procedure Article, §11-926(e) and 11-927(f) Annotated Code of Maryland
02.08.03.01.htm 02.08.03.01. 01 Scope.. This chapter sets out the procedures under which a person may request the review of a law enforcement agency痴 decision not to test a sexual assault evidence collection kit.
02.08.03.02.htm 02.08.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Committee” means the Maryland Sexual Assault Evidence Kit Policy and Funding Committee.. 2) “Kit” means a sexual assault evidence collection kit.. 3) “SART” means a sexual assault response team which includes at least one representative from each of the following professions and organizations:a) Forensic nurse examiner providing services at a local sexual assault for
02.08.03.03.htm 02.08.03.03. 03 Untested Kit Review by SARTs.. A. When a law enforcement agency decides not to test a kit, the victim, the victim’s representative, a Committee member, or a member of the SART where the alleged assault occurred may request an untested kit review.B. The request for an untested kit review shall first be submitted to the SART where the alleged assault occurred if one exists.C. All SART members representing the professions and organizations listed in Regulation .02B(3) of t
02.08.03.04.htm 02.08.03.04. 04 Untested Kit Review by the Committee.. A. After the SART issues its recommendation, the victim, victim’s representative, or member of the SART where the alleged assault occurred may request an untested kit review by the Committee.B. Subcommittee Membership.. 1) The Committee shall designate a subcommittee with one Committee representative from each of the professions or organizations listed in Regulation .02B(3) of this chapter to review the law enforcement agency’s decision not
02.08.03.05.htm 02.08.03.05. 05 Confidential Proceedings.. A. SART and Committee meetings held for the purpose of conducting untested kit reviews are not open to the public.B. Information provided to, or gathered by, a SART or the Committee for purposes of conducting an untested kit review are confidential.C. Written determinations issued by a SART or Committee are not confidential.. D. Personally identifying information shall be redacted from a written determination prior to its release.
02.08.03.9999.htm 02.08.03.9999. Administrative History Effective date: May 4, 2020 (47:9 Md. R. 476).
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