Minnesota

Minnesota has implemented all but one of six pillars of rape kit reform. If the state mandates the testing of previously untested kits or clears its backlog, it will achieve comprehensive rape kit reform.

Reform Status
Some Reform
Testing Status
Unknown

Pillar Count

5/6 Pillars
Minnesota has implemented all but one of six pillars of rape kit reform. If the state mandates the testing of previously untested kits or clears its backlog, it will achieve comprehensive rape kit reform.
Statewide Inventory

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

  • Is the inventory recurring? No
  • 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

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

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? 10 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? 60 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.

Minnesota established a rape kit tracking system through non-legislative means.

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? No
  • 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 ongoing funding.

See state reform timeline below.

Take Action Today to Bring Further Rape Kit Reform to Minnesota

State Reform Timeline

2023
Funding
$1,150,000 awarded in Anoka County.

In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Anoka County Sheriff’s Office $1,150,000 to complete the testing of the untested sexual assault kits identified in a 2015 statewide survey of untested SAKs by the Minnesota Bureau of Criminal Apprehension.

News Article
Minnesota BCA eliminated backlog of rape test kits from the 2015 inventory

In 2023, the Minnesota Bureau of Criminal Apprehension (BCA) announced it had processed all 2,366 backlogged rape kits from the 2015 inventory, resulting in 357 DNA profile matches in the state’s database, and around 130 individuals who had not been previously identified in any cases. The Minneapolis Police Department also reported an extra 1,700 untested kits in 2019. BCA Superintendent Drew Evans said the BCA has gotten through 1,339 of those and the remaining ones will be completed by early next year.

News Article
Minnesota ends its backlog founded in 2015; Minneapolis PD has 361 kits to test

According to the Minnesota Bureau of Criminal Apprehension, all kits identified in the 2015 inventory have been tested. The BCA has also tested 1,339 of 1,700 additional kits identified by the Minneapolis Police Department after the inventory was completed. This puts the backlog at 361. Testing of the remaining Minneapolis kits is anticipated to be completed early 2024.

Bill: Enacted
HF2890 enacted in Minnesota

In 2023, HF2890 was signed into law, allocating additional $4,500,000 the first year and $3,500,000 the second year to reduce turnaround timelines and the rape kit backlog. Under this bill, the state crime lab will “strive” for 90-day testing timeline. Costs of administering sexual assault exams shifted from the county, city, and private hospitals to the state, covered with $7.7 million allocated under this bill.

Bill: Failed
HF2034 failed in Minnesota

In 2023, legislators in Minnesota introduced HB2034. This bill would have mandated labs to have a 90 day turnaround for testing rape kits. This bill failed to pass.

2022
Other
Minnesota's rape kit tracking system goes live

In 2022, Minnesota’s rape kit tracking system went live.

2021
Inventory
2,498 backlogged kits in Minnnesota

According to the Minnesota Bureau of Criminal Apprehension, there are 2,498 untested kits of the 5,148 identified during a 2015 statewide inventory and a 2019 discovery by Minneapolis Police.

2020
Other
450 kits destroyed by law enforcement in Minnesota

Department officials discovered an accounting error when they were reviewing cases in order to be in compliance with the 2018 law, HF3017. In February 2020, a local journalist’s investigation uncovered that 450 untested rape kits had been destroyed by law enforcement agencies.

Bill: Enacted
HF1 enacted in Minnesota

In 2020, HF1 was signed into law, and Minnesota achieved the tracking and funding pillars of rape kit reform. The bill appropriated $3,096,000 in 2021 with an ongoing annual fund of $2,067,000 to pay for the testing and storage of kits and the development of a website​ for survivors. HF1 also eliminated language that previously allowed law enforcement to hold back certain kits from testing, requires the submitting agency to store unrestricted kits indefinitely, mandates the Bureau of Criminal Apprehension to store restricted kits for at least 30 months, and requires the Commissioner of Public Safety to maintain a website database providing survivors with information on the status of their kits.

Funding
Over $6 million awarded in Minnesota

In 2020, BJA awarded the City of Minneapolis Police Department $2 million to test kits, investigate and prosecute cases, and re-engage survivors. It also awarded the state of Minnesota $2 million to sustain its work on rape kit reform. The same year, BJA awarded the city of Duluth $662,659 to collect lawfully owed DNA samples from identified offenders, test the samples, and upload eligible DNA profiles into the Combined DNA Index System. It also provided an additional $678,502 to investigate and prosecute cold case sexual assaults. BJA awarded the Bureau of Criminal Apprehension $982,232 to track and report on rape kits.

2019
Funding
Over $2 million awarded in Minnesota

In 2019, BJA awarded the city of Duluth and state of Minnesota $727,651 and $2 million respectively to sustain their work on rape kit reform.

Inventory
Almost 1,700 kits found in Minneapolis

In November 2019, the Minneapolis Police Department announced they had found nearly 1,700 untested kits, much higher than the 194 they reported in the 2015 inventory.

2018
Bill: Enacted
HF3017 enacted in Minnesota

In 2018, Minnesota legislators passed HF3017, which mandated kit submission requirements for rape kits, granted survivors the right to notice regarding rape kit testing status, and increased evidence retention protections.

Funding
Over $3 million awarded in Minnesota

In 2018, BJA awarded the state of Minnesota $2 million to test kits, investigate and prosecute cases, and re-engage survivors. BJA awarded an additional $1 million to the city of Duluth to sustain its work in rape kit reform. In the same year, BJA awarded the city of Duluth with $626,835.

2017
Funding
$626,835 awarded in Duluth

In 2017, BJA awarded the city of Duluth an additional $626,835 to test the remainder of their backlogged kits, improve efficiency of DNA analysis techniques, and support the investigation of backlog-related cases.

Bill: Failed
HF1877 failed in Minnesota

In 2017, Minnesota legislators introduced HF1877, which would have required prompt submission of newly collected rape kits and established a survivor’s right to information about their kit, but this bill failed to pass.

2016
Funding
$444,152 awarded in Duluth

In 2016, BJA awarded the city of Duluth $444,152.

2015
Bill: Enacted
SF1081 enacted in Minnesota

In 2015, Minnesota enacted SF1081, requiring the Minnesota Bureau of Criminal Apprehension (BCA) to complete a one-time audit of untested rape kits.

Inventory
3,482 kits found in Minnesota

In the same year, BCA announced that 171 police agencies had 3,482 untested rape kits.

Funding
$1,011,096 awarded in Minnesota

In 2015, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Duluth Police Department $1,011,096 to test kits, investigate and prosecute cases, and re-engage survivors.

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

Want to advocate for accountability in your state?