Oregon State Police (OSP) has taken appropriate steps to manage an influx of Sexual Assault Forensic Evidence (SAFE) kits sent by local law enforcement agencies after Melissa’s Law passed in 2016, including adding staff and equipment, changing how they prioritize the testing of DNA evidence, and using more efficient technologies for DNA processing. Many of these changes occurred too recently to definitively determine whether they will successfully eliminate the remaining backlog. However, the actions taken are aligned with best practices and OSP officials estimate they will largely eliminate the backlog by the end of 2018.
The Forensic Services Division of OSP provides Oregon’s only full-service forensic lab system. The intent of Melissa’s Law is to prevent a future SAFE kit testing backlog at local law enforcement agencies by mandating all non-anonymous kits be sent to OSP for testing.
The purpose of this audit was to report on whether OSP has taken actions consistent with statute and best practices to address the SAFE kit backlog.
- OSP has complied with Melissa’s Law by increasing lab capacity and reporting results to legislators on efforts to reduce the SAFE kit backlog.
- OSP is following best practices outlined by the National Institute of Justice for forensic labs that process SAFE kits. For example, OSP’s “high-throughput” approach to obtaining DNA profiles from SAFE kits is recommended for decreasing kit backlogs.
- The agency’s decision to suspend DNA processing of property crime evidence to focus on SAFE kits could lead to a backlog of DNA evidence of this type at local law enforcement agencies. Local law enforcement agencies are eager for OSP to resume accepting DNA evidence for property crimes.
- As of January 2018, many of OSP’s capacity-building and process improvement efforts have been implemented. Since then, OSP has shown substantial improvement in the number of kits processed each month. Also, there has been a significant reduction in the statewide backlog. A 2017 survey of local law enforcement agencies found approximately 1,100 kits needing testing, down from approximately 4,900 in 2015. For these reasons, OSP believes it can eliminate the backlog by the end of 2018.
We recommend that OSP publicly post backlog status reports, examine options for a statewide SAFE kit tracking system, and plan for reintroducing DNA testing in property crimes.
OSP generally agrees with our recommendation. The agency’s response can be found at the end of the report.