Idaho

Idaho has adopted all six pillars of rape kit reform. The state has cleared its backlog.

Reform Status
Full Reform
Testing Status
In-Process
Untested Kits
Now 216*
Then 1116**
* According to a report by Idaho State Police News Release there were 216 untested kits in Idaho in 2024.
** According to a media report by Idaho Press there were 1116 untested kits in Idaho in 2016.

Pillar Count

6/6 Pillars
Idaho has adopted all six pillars of rape kit reform. The state is working on clearing its backlog.
Statewide Inventory

Yes, the state has a recurring inventory.

  • Is the inventory recurring? Yes
  • Are law enforcement agencies and/or labs required to participate in the inventory? Yes
  • Does the law require to document the date of when each kit was collected? Yes
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? Yes
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

In-Process, the state has committed to testing its backlogged kits.

Idaho eliminated its backlog through non-legislative means.

Test New Kits

Yes, all newly collected kits are being tested.

  • According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up? Not specified
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? Not specified
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 90 Days
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? Not specified
Implement Tracking System

Yes, tracking system in use.

  • Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs? No
  • Does the law state that the tracking system should track if kit a has been destroyed? No
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? No
  • Does the law state that the tracking system should have a victim portal? No
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? No
  • Does the law state that all previously untested kits should be entered into the system? No
Victim's Right To Know

Yes, the state has granted victims the right to notice and be informed on the status of their kit.

  • Do victims have the right to receive information of the location, testing date, and testing results of their kit? Yes
  • Do victims have the right to be informed when there is any change in the status of their case? Yes
  • Do victims have the right to receive notification before destruction of their kit? Yes
  • Are victims granted further preservation of the kit or its probative contents? Yes
  • Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected? No
  • Do victims have the right to receive a physical document identifying their rights under law? Yes
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

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State Reform Timeline

2024
Inventory
Idaho backlog at 216 kits

According to the 2024 Idaho Sexual Assault Evidence Collection Kit Annual Report, there were 216 kits at the lab for more than 90 days, the turn around time mandated by law.

2023
Inventory
Idaho backlog at 70 kits

According to the 2023 Idaho Sexual Assault Evidence Collection Kit Annual Report, there were 70 kits that were at the lab for more than 90-days, the turn around time mandated by the Idaho Code Chapter 29, Title 67, Section 67-2919.

Funding
$2,200,000 awarded to Idaho State Police

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded Idaho State Police $2,200,000 to hire and train SAKI site coordinators.

2020
Report
Report found stakeholders not in compliance in Idaho

The ISP 2020 annual report showed that stakeholders in the state were not complying with rape kit laws. It took law enforcement an average of 39 days to submit kits to the lab in 2020—nine days longer than the 30 days mandated by law. The report also showed that it took the lab an average of 178 days to complete testing a kit; the Idaho statute required it be done within 90 days.

2019
Bill: Enacted
HB116 enacted in Idaho

In 2019, Idaho enacted HB116, which required hospitals to participate in the statewide tracking system. The law called for the testing of most kits, except for those from cases that law enforcement deemed to be “unfounded.” In addition to the preexisting law requiring a county prosecutor to review those cases, the tracking system would follow all kits from purchase to final disposition. This would enable the state lab to have direct visibility over how many kits are not tested due to their connection to unfounded cases. The law also requires annual reports on all kits in the state and their status, bringing transparency to the process.

2017
Non-Legislative Reform
Tracking system launched in Idaho

In January 2017, the ISP launched the first statewide electronic rape kit tracking system, which tracks kits from collection at the hospital to law enforcement, from law enforcement to the lab for forensic analysis, then back to law enforcement for storage. Survivors can anonymously and securely check the status of their rape kits through the system.

Bill: Enacted
HB146 enacted in Idaho

In 2017, Idaho enacted HB146, which strengthened survivor notification rights by requiring local law enforcement agencies to notify survivors when there is a change in their case status or when their cases are reopened. Additionally, the bill requires health care providers to offer rape kit exams to all survivors, regardless of their ability to pay, and requires law enforcement agencies to retain all rape kits for longer periods of time, which vary based on the presumed charges associated with the crime. Read our testimony in support of this law.

2016
Inventory
1,116 kits found in Idaho

In December 2016, Idaho State Police Forensic Services released the first audit report, which found 1,116 untested rape kits in storage at law enforcement agencies and labs statewide.

Bill: Enacted
HB528 enacted in Idaho

In 2016, Idaho enacted HB528, requiring the state crime lab to conduct an annual audit of untested rape kits. The law also stresses, but does not mandate, that rape kits should be tested in a timely manner—30 days is suggested. The law requires a county prosecutor to review cases in which kits were not sent for testing, and gives the prosecutor the power to overturn those decisions. It also required the Idaho State Police (ISP) to create a tracking process for rape kits throughout the state. The law established a survivor’s right to notice about the status of their rape kit, including the right to know when a kit is submitted to a lab; when a DNA profile is uploaded to the DNA database; when a match occurs between the profile and another profile in the database; when a kit is going to be destroyed; and when any change in case status occurs, including the reopening of a case. In addition, Idaho legislators appropriated $222,300 in new funding to the ISP crime lab.

2015
Accountability
176 kits found in Boise

In 2015, The Accountability Project issued an open records request to bring the number of untested kits in Boise to light. As of December 2015, the Boise Police Department reported 173 untested kits collected between 2006 and 2015. Since our request, 109 of those kits have been submitted for processing, leaving a backlog of 64 untested kits.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Idaho to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
Boise, ID
2015
173

More from Idaho

A Successful Year in Idaho: Launching the First Statewide Rape Kit Tracking System
Matthew Gamette is the Laboratory System Director at the Idaho State Police Forensic Services. Since 2014, Idaho has worked to reform rape kit handling. Here, Matthew shares his experience working with a multidisciplinary team, in-house developers, and victim advocates to build and launch the first operational statewide rape kit tracking system in the country. In […]
Idaho Takes Another Step in Rape Kit Reform
The Joyful Heart Foundation today applauded Idaho Governor Butch Otter’s signing of H.B. 146, which will strengthen victim notification rights, increase access to medical forensic exams, and establish forensic evidence retention policies. These are important steps to take as part of comprehensive rape kit reform.
2023 End The Backlog Legislative Update
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