Governor Hochul Announces Opening of State Facility to Store Sexual Offense Evidence Collection Kits that Have Not Been Released to Law Enforcement Custody

 

Secure Storage Gives Survivors of Sexual Assault Ability to Receive Medical Care, Consent to Evidence Collection and Time to Decide if They Want to File a Police Report

State Office of Victim Services Established the Facility to Comply with the State Law that Requires Unreported Kits to be Stored for 20 Years from the Date of Collection

Governor Hochul Directs State Landmarks to be Illuminated Blue, Green and Purple Tonight, April 24

 Governor Kathy Hochul today announced the opening of a State facility to store sexual offense evidence collection kits that have not been released to law enforcement custody. Secure storage gives individuals who have been sexually assaulted the ability to get medical care, consent to forensic evidence collection and time to decide if they want to file a police report. The State Office of Victim Services established the facility to comply with the state law that requires unreported kits to be stored for 20 years from the date of collection. Capital Region, Mohawk Valley and Western New York hospitals are the first to notify survivors that their kits will be transferred and how they can track them. Hospitals in the state’s remaining regions will follow that process in the coming months.

“New York State remains committed to supporting survivors of sexual assault in every way possible,” Governor Hochul said. “This new State facility will be a critical tool to help deliver support and justice, while providing a strong foundation for victims to heal and alleviate some of the pressure they may feel when it comes to legal timelines.”

New York State Office of Victim Services Director Elizabeth Cronin said, “Access to timely medical care following a sexual assault is critical. It allows an individual to seek treatment and medication, and other services and support that may help them decide whether to report the incident to police. If they are not ready to involve the criminal justice system, preserving forensic and other evidence also increases their options, and the secure storage of kits allows them the time and space to decide the next steps that are best for them.”

Office of Victim Services Director Elizabeth Cronin joined state agency colleagues, medical professionals, victim advocates, law enforcement and other professionals at Albany Medical Center this morning to discuss the facility’s operations and to educate survivors that hospitals must make a concerted effort to contact them before their kits are transferred. This notification allows individuals to decide whether to transfer their kit to the facility, notify law enforcement about the incident, or consent to having their kit disposed. Hospitals across the state have approximately 10,000 kits in storage.

Located in the Capital Region, the facility is secure, climate controlled and designed to ensure the integrity of potential evidence. It began accepting kits in mid-January 2023 and to date, Albany Medical Center and Glens Falls Hospital, both members of the Albany Med Health System, have transferred 525 items to the facility: 277 sexual offense evidence collection kits, 83 drug-facilitated sexual assault kits and 165 other items such as clothing and bedding. The facility’s current capacity is 17,400 items and will increase to 26,600 items once renovation of a second storage wing is complete.

Prior to sending kits to the facility, hospital staff must be trained on the electronic system for logging and tracking kits and other items, and the victim notification portion of the system. Office of Victim Services staff are currently onboarding hospital staff in the Capital Region, Mohawk Valley and Western New York so they can transfer kits and other items to the facility and notify survivors. Hospital staff in Central New York, Long Island and the North Country are scheduled to receive the training in May. Office of Victim Services will train hospital staff in New York City in August, and they will train hospital staff in the Finger Lakes, Mid-Hudson and Southern Tier in November.

Governor Hochul also directed the following state landmarks to be illuminated blue, green and purple tonight, April 24, in recognition of National Crime Victims’ Rights Week and to honor victims and survivors and recognize the professionals who support them:

• One World Trade Center
• Governor Mario M. Cuomo Bridge
• Kosciuszko Bridge
• The H. Carl McCall SUNY Building
• State Education Building
• Alfred E. Smith State Office Building
• Empire State Plaza
• State Fairgrounds - Main Gate & Expo Center
• Niagara Falls
• Albany International Airport Gateway
• MTA LIRR - East End Gateway at Penn Station
• Fairport Lift Bridge over the Erie Canal
• Moynihan Train Hall

The state Division of Criminal Justice Services (DCJS) provides Sexual Offense Evidence Collection Kits, and Drug Facilitated Sexual Assault Kits, at no cost to hospitals and medical facilities. DCJS, in partnership with a multidisciplinary team of professionals, recently updated the kits to streamline the evidence collection process, make it less invasive and extend the timeframe for obtaining forensic evidence from 96 hours to 120 hours. DCJS also must establish an electronic system that will allow survivors to track their kits from the point they are collected by law enforcement and subsequently sent to a crime lab for testing. That system is expected to be fully operational by 2025.

The Office of Victim Services directly reimburses medical providers for the cost of a forensic rape exam (FRE) if an individual does not have private health insurance or chooses not to use their private health care insurance for the examination. This measure is an exception to the agency’s payer of last resort rule and provides for the personal privacy of victims. The Office of Victim Services also accepts FRE claims in lieu of police reports, which enables individuals to seek financial assistance and reimbursement from OVS for other expenses related to the crime.

OVS funds and supports 239 victim assistance programs statewide that provide essential services, such as crisis counseling, support groups, case management, emergency shelter, civil legal help and relocation assistance, among other assistance, to victims and survivors of sexual assault and other crimes, and their families. Individuals may visit ovs.ny.gov/connect to find these programs, which provide services at no cost and regardless of whether an individual has reported the crime to police. New York State’s Domestic and Sexual Violence Hotline also is available for confidential support and advocacy 24/7: 800-942-6906 (voice), 844-997-2121 (text) and opdv.ny.gov (chat).