Kentucky

Kentucky has achieved all six pillars of rape kit reform. The state has cleared its backlog.

Reform Status
Full Reform
Testing Status
Complete

Pillar Count

6/6 Pillars
Kentucky has achieved all six pillars of rape kit reform. The state has 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.

Kentucky 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? 24 Hours
  • According to the law, after being notified, within what time frame is law enforcement required to pick up the kit? 5 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? 30 Days
  • According to the law, after receiving the kit, within what time frame is the lab required to test the kit? 60 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? Yes
  • 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? 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? No
  • 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

2024
Bill: Enacted
HB6 enacted in Kentucky

In 2024, Kentucky legislators enacted HB6, allocating $1,100,000 in each fiscal year for the fiscal years 2023-2026 to support service contracts for toxicology and DNA equipment, and evidence collection kits.

2023
$2,500,000 awarded to the Kentucky Justice and Public Safety Cabinet

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Kentucky Justice and Public Safety Cabinet $2,500,000 to increase investigations and prosecutions of cold case sexual assaults and sexually motivated homicides.

2021
Funding
$2,849,491 awarded in Kentucky

In 2021, BJA awarded the Kentucky State Attorney General’s office $2 million to sustain its work on rape kit reform, and the Justice and Public Safety Cabinet $849,491 million to test kits, investigate and prosecute cases, and re-engage survivors.

2020
Funding
$1.5 million awarded in Kentucky

In 2020, BJA awarded the Justice and Public Safety Cabinet $1.5 million to test kits, investigate and prosecute cases, and re-engage survivors.

2019
Bill: Enacted
SB97 enacted in Kentucky

In 2019, Kentucky legislators enacted SB97, requiring the Kentucky State Police to establish a rape kit tracking system by July 1, 2020. The system was to include a portal for survivors to check the status of their kits anonymously. With this law, Kentucky has enacted all six pillars of comprehensive rape kit reform.

Funding
$1,493,089 awarded in Kentucky

In 2019, BJA awarded the Kentucky State Attorney General’s office $1,493,089 to sustain its work on rape kit reform.

2017
Funding
$2,998,090 awarded in Kentucky

In 2017, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Kentucky State Attorney General’s Office $2,998,090 to test kits, investigate and prosecute cases, and re-engage survivors.

Inventory
Kentucky eliminated their backlog

In 2017, Kentucky tested all of its previously backlogged kits, and became the second state to end its backlog.

2016
Bill: Enacted
SB63 enacted in Kentucky

In 2016, Kentucky enacted SB63, requiring a one-time statewide audit of untested rape kits. Additionally, the bill requires law enforcement agencies to collect rape kits within five days and submit the rape kits to the lab within 30 days. The law requires faster lab analysis time: 90 days by 2018 and 60 days by 2020. It also mandates that all law enforcement agencies in the state have trained sexual assault personnel on staff, and requires the state lab and the Kentucky Sexual Assault Response Team Advisory Council to report annually on the status of rape kit testing. The law also requires survivors to be notified of the progress of their rape kit testing, whether the resulting DNA profile matched to another profile in the DNA database, and if the rape kit is going to be destroyed.

Funding
$4.5 million awarded in Kentucky

In 2016, Kentucky legislators appropriated $4.5 million in funding to test backlogged kits.

2015
Inventory
3,090 kits found in Kentucky

In 2015, the state auditor announced the existence of at least 3,090 untested rape kits across the state: 1,859 untested kits in 87 law enforcement agencies, and 1,231 untested kits at the Kentucky State Police laboratory. The Kentucky Backlog Task Force maintains up-to-date statistics on the number of kits submitted for testing, kits tested, DNA profiles entered into databases, and DNA hits on their website.

Funding
$1,988,507 awarded in Kentucky

In 2015, the Manhattan District Attorney’s Office awarded the Kentucky State Police Forensic Laboratories $1,988,507 to test 3,300 rape kits.

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

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