Oregon

Oregon has achieved all six pillars of rape kit reform and has also cleared its backlog.

Reform Status
Full Reform
Testing Status
Complete

Pillar Count

6/6 Pillars
Oregon has achieved all six pillars of rape kit reform and has also cleared 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? No
  • Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing? No
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

Yes, the state has eliminated its backlog.

Oregon 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? 7 Days
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 7 Days
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? 14 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? Not specified
  • 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? Yes
  • Does the law state that the tracking system should track if kit a has been destroyed? Yes
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? Yes
  • Does the law state that the tracking system should have a victim portal? Yes
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? Yes
  • 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? No
  • 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? No
  • 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? Yes
  • Do victims have the right to receive a physical document identifying their rights under law? No
Fund Reform

Yes, the state has allocated one-time funding.

See state reform timeline below.

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State Reform Timeline

2019
Other
Oregon adopted all six pillars

In 2019, Joyful Heart determined that Oregon had adopted all six pillars of comprehensive rape kit reform.

Other
Oregon's tracking system goes live

In 2019, Oregon’s tracking system went live.

2018
Inventory
Over 5,000 kits tested in Oregon

In October 2018, OSP reported that they had finished processing the backlog of over 5,000 untested kits. The Oregon State Police website gives information on lab turnaround time, backlog data, and about the number of Sexual Assault Forensic Evidence (SAFE) kits tested monthly.

Bill: Enacted
HB4049 enacted in Oregon

In 2018, Oregon enacted HB4049, which required the creation and implementation of an electronic, statewide tracking system for rape kits. This system was to be able to track kits from collection through the criminal justice process, and to allow anonymous access for sexual assault survivors to track the status of their rape kits.

Funding
$2,474,066 awarded in Oregon

In 2018, BJA awarded the city of Portland $1.5 million to sustain its work on rape kit reform. BJA additionally awarded the county of Washington $974,066 to collect lawfully owed DNA from convicted offenders.

2017
Other
Eugene Police Department sent all kits out for processing

As of August 2017, the Eugene Police Department confirmed that all backlogged rape kits had been sent out for processing.

2016
Funding
$1 million awarded in Oregon

In 2016, BJA awarded the city of Portland an additional $1 million to sustain its work on rape kit reform.

Funding
$1,040,188 awarded in Oregon

In the same year, the U.S. Department of Justice National Institute of Justice awarded the Oregon State Police $1,040,188 to implement an evidence management program to inventory, track, and report untested and unsubmitted rape kits.

Bill: Enacted
SB1571 enacted in Oregon

In 2016, Oregon enacted SB1571, establishing an annual audit of untested rape kits. The law also required law enforcement agencies to establish guidelines for collecting and submitting kits for analysis. The guidelines require law enforcement to pick up newly collected kits from medical facilities within seven days, and submit kits for testing within 14 days. The 2016 law also mandated each agency to adopt policies that ensure survivors receive information about the status of their rape kits, including the location, testing date, testing results, and estimated destruction date of each kit. Each agency was to designate one person within the agency to receive all telephone inquiries about rape kits, and each inquiry must be responded to within 30 days. The bill appropriates biannual $1.47 million for increased capacity in the Forensic Services Division to process sexual assault forensic evidence kits, in the Governor’s 2015-2017 and 2017-2019 budgets.

2015
Inventory
4,902 kits found in Oregon

As of September 2015, the Oregon State Police (OSP) reported 4,902 untested rape kits found across the state.

Accountability
Accountability Project issued records requests throughout Oregon

In 2015, we issued open records requests in Corvallis and Eugene. Through our efforts, we learned that the Corvallis Police Department had received 127 rape kits into evidence from 2005 to 2015, and retained 86 untested kits in police storage. Following our records request, 20 of those 86 were submitted to the lab for testing, and we found out 38 were anonymous kits (in which a survivor has chosen not to report the assault to the police). As of February 2016, the Corvallis Police Department reported 28 untested, non-anonymous kits.

Funding
$3,185,243 awarded in Oregon

In 2015, the U.S. Department of Justice Bureau of Justice Assistance (BJA) and the Manhattan District Attorney’s Office awarded the city of Portland $1,189,790 and the Multnomah County District Attorney’s Office $1,995,453 to test kits, investigate and prosecute cases, and re-engage survivors.

2014
Accountability
1,931 kits found in Portland

In 2014, The Accountability Project issued an open records request to bring the number of untested rape kits in Portland to light. Through this request, we uncovered a backlog of 1,931 untested kits in Portland.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Oregon to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
2015
0
2014
1931
2015
86