Alabama

Alabama has achieved two of six pillars of rape kit reform: Inventory of untested kits, and victims are right to know the status of their sexual assault kits.

Reform Status
Some Reform
Testing Status
In-Process, Locally
Untested Kits
Now Unknown*
Then Unknown**
* No reliable data available at this time.
** No reliable historical data available.

Pillar Count

2/6 Pillars
Alabama has achieved two of six pillars of rape kit reform:Inventory of untested kits, and victims are right to know the status of their sexual assault kits.
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? Yes
  • Does the law require untested kits to be counted? Yes
Test Backlogged Kits

No, the state has not committed to testing its backlogged kits.

  • Does the law require law enforcement to submit all untested kits, including those past the statute of limitation, within a certain deadline? n/a
  • Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab? n/a
  • Does the law require kits past the statute of limitations to be sent in for testing? n/a
  • Does the law allow public crime labs to outsource unsubmitted kits? n/a
Test New Kits

No, the state has not mandated testing.

  • 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? n/a
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? n/a
  • According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab? n/a
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? n/a
  • Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline? n/a
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

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? 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

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

n/a

Take Action Today to Bring Further Rape Kit Reform to Alabama

State Reform Timeline

2024
News Article
3,500 untested kits uncovered in Jefferson County, Alabama

A news article by WAAY 31 found that there were 3,500 untested kits in police possession in Jefferson County.

2023
Funding
$2,000,000 awarded to Jefferson County

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded Jefferson County $2,000,000. These funds will be used to test SAKs, assist with victim notification and services, and maintain a multidisciplinary community response team designed to bring about change in practices, protocols, and organizational culture to prevent unsubmitted SAKS from accumulating again in the future.

Bill: Enacted
HB21 enacted in Alabama

HB21 was enacted. This law mandates a recurring inventory of untested kits in law enforcement and labs’ possession.

2022
Bill: Failed
HB359 failed in Alabama

In 2022, legislators introduced HB359. This bill calls for an annual reports on the number of sexual assault cases reported by police agencies, as well as how many of these cases were submitted for DNA analysis, and how many of these cases were closed. It also calls for the lab to report the number of kits completed, and the number of kits backlogged. This bill failed to pass.

2021
Bill: Enacted
HB137 enacted in Alabama

In 2021, Alabama legislators enacted HB137, a bill that granted survivors the right to be informed of test results. Read our letter of support.

2020
Bill: Failed
SB69 failed in Alabama

In 2020, legislators introduced SB69, which would have granted survivors the right to have their kits preserved for 20 years, the right to receive information on a kit’s analysis results, and the right to receive notification before the intended destruction of a kit. This bill failed to pass.

Funding
$2 million awarded to Alabama

In 2020, BJA awarded the Jefferson County District Attorney’s Office $2 million to sustain its work on rape kit reform.

2019
Bill: Failed
SB41 failed in Alabama

In 2019, Alabama legislators introduced SB41, which would have established the Sexual Assault Survivors’ Bill of Rights. This bill failed to pass.

Funding
$1,170,092 awarded to Alabama

In 2019, BJA awarded the city of Mobile and the Jefferson County District Attorney’s Office $293,288 and $876,804 respectively to sustain their work on rape kit reform.

2018
Funding
$1.5 million awarded to Mobile Police Department

In 2018, BJA awarded the Mobile Police Department $1.5 million to sustain its work on rape kit reform.

Bill: Failed
SB388 and SB355 failed in Alabama

In 2018, legislators introduced two bills (SB388 and SB355) that would have required the submission and testing of all newly collected rape kits; mandated the development of a statewide tracking system; granted survivors the right to know the status and location of their rape kits; and required recurring, statewide inventories of rape kits. These bills failed to pass.

2017
Funding
$1,962,929 awarded to Mobile Police Department

In 2017, BJA awarded the Mobile Police Department an additional $1,962,929 to implement a coordinated community response in order to centralize how sexual assault cases were handled within the jurisdiction.

2016
Funding
$118,111 awarded to Mobile Police Department

In 2016, BJA awarded the Mobile Police Department $118,111 to sustain this work.

Funding
$1,515,619 awarded to Jefferson County DA

In 2016, BJA also awarded the Jefferson County District Attorney’s Office $1,515,619 to test kits, investigate and prosecute cases, and re-engage survivors.

2015
Funding
$828,203 awarded to Mobile Police Department

In 2015, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Mobile Police Department $828,203 to test 1,793 rape kits.

2014
Accountability
442 kits found in Birmingham

In 2014, The Accountability Project issued an open records request to bring the number of untested kits in Birmingham to light. The Birmingham Police Department stated that they submitted all kits to the lab for testing, and that, as of February 2015, there was a backlog of 442 kits from Birmingham awaiting testing at the state lab.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Alabama to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
2014
442