South Dakota

South Dakota has achieved three of six pillars of rape kit reform: conducting a statewide inventory of untested kits, testing backlogged kits, and testing newly collected kits.

Reform Status
Some Reform
Testing Status
In-Process
Untested Kits
Now 7*
Then 504**
* According to information from internal sources there were 7 untested kits in South Dakota in 2023.
** According to a media report by KOTA-TV there were 504 untested kits in South Dakota in 2015.

Pillar Count

3/6 Pillars
South Dakota has achieved three of six pillars of rape kit reform: conducting a statewide inventory of untested kits, testing backlogged kits, and testing newly collected kits.
Statewide Inventory

Yes, the state carried out a one-time inventory.

South Dakota carried out an inventory of untested kits through non-legislative means.

Test Backlogged Kits

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

South Dakota is eliminating 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? 24 Hours
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 14 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? 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

No, the state does not have a tracking system.

  • 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? n/a
  • Does the law state that the tracking system should track if kit a has been destroyed? n/a
  • Does the law allow all agencies who participate in the tracking system to update the status of a kit? n/a
  • Does the law state that the tracking system should have a victim portal? n/a
  • Does the law require law enforcement, labs, and hospitals to participate in the tracking system? n/a
  • Does the law state that all previously untested kits should be entered into the system? n/a
Victim's Right To Know

No, the state has not 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? n/a
  • Do victims have the right to be informed when there is any change in the status of their case? n/a
  • Do victims have the right to receive notification before destruction of their kit? n/a
  • Are victims granted further preservation of the kit or its probative contents? n/a
  • 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? n/a
  • Do victims have the right to receive a physical document identifying their rights under law? n/a
Fund Reform

No, the state has not allocated any of its own funds towards reform.

n/a

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State Reform Timeline

2019
Funding
$498,332 awarded in South Dakota

In 2019, the Sexual Assault Kit Initiative (SAKI) awarded the Beadle County State’s Attorney’s Office $498,332. With this money, South Dakota carried out a statewide inventory of untested kits, which was finalized in 2021. According to sources in the state, every law enforcement agency in the state was surveyed.

2016
Bill: Enacted
HB1132 enacted in South Dakota

In 2016, South Dakota enacted HB1132, requiring health care facilities to notify law enforcement of the collection of a rape kit within 24 hours. The law mandated that law enforcement send kits to the lab for testing within 14 days, and that the lab must complete testing within 90 days. After this law was passed, the South Dakota Division of Criminal Investigation performed a voluntary inventory and discovered 504 untested kits, which have since been tested.

2015
News Article
Sioux Falls Police found over 350 rape kits

In 2015, media outlets in South Dakota reported that the Sioux Falls Police Department had over 350 untested rape kits in their possession.

We haven’t filed an Accountability FOIA in this state ⏤ yet.

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More from South Dakota

2023 End The Backlog Legislative Update
As the state legislative sessions are ending or paused for a summer break, we look back at our achievements this year. 29 states and Puerto Rico introduced 50 bills related to our six pillars of comprehensive sexual assault kit reform. Out of these, 12 states passed 15 laws. This year, Mississippi enacted its first ever […]
Rape Kit Reform in 2022
In the 2022 session, we rebuilt our website endthebacklog.org, wrote an academic book chapter and “The State of the Backlog” report, while successfully advocating for rape kit reform across the country. “The State of the Backlog” report provides a birds-eye view of rape kit reform field, focusing on what we have started, where we have […]