The Backlog:


On March 23, Governor Butch Otter signed HB528, setting new rape kit testing guidelines for the state of Idaho. While the legislative intent section of the law states that sexual assault kits should be tested in a timely manner, the law does not mandate testing of every kit. Law enforcement can refrain from testing if there is "no evidence to support a crime being committed."  Fortunately, the law includes accountability measures and mandates a county prosecutor to review and have the power to overturn cases in which law enforcement decided not to test a kit.

The state lab is also required to conduct a yearly audit to determine how many kits remain untested across the state. When a kit is approved for testing, law enforcement will submit the rape kit within 30 days and the lab must test it within 90 days. The law addresses the backlog of untested kits by requiring a report on all untested kits in Idaho within 180 days of enactment. Victim notification rights are also included in the bill. 

  • Backlog Status

Testing Status Unknown
  • Reform Status

Tracking Testing Victim Notification
No Known Reform
Reform in Progress
Partial Reform
Complete Reform
  • Additional Information

Through The Accountability Project, we are using public records requests to bring the number of untested kits in Boise to light.

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