North Dakota

North Dakota has achieved three of six pillars of rape kit reform: inventory of untested kits, the creation of a rape kit tracking system, and testing of backlogged kits. The state is working on eliminating its backlog.

Reform Status
Some Reform
Testing Status
In-Process

Pillar Count

3/6 Pillars
North Dakota has achieved three of six pillars of rape kit reform: inventory of untested kits, the creation of a rape kit tracking system, and testing of backlogged kits. The state is working on eliminating 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? No
  • 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

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

North Dakota is eliminating its backlog through non-legislative means.

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

In-Process, the state is developing 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? 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

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

Take Action Today to Bring Further Rape Kit Reform to North Dakota

State Reform Timeline

2025
Report
96 rape kits waiting to be tested

According to the Annual Report January-June 2025 by the Attorney General’s Office Crime Laboratory, there were 96 rape kits waiting to be tested in North Dakota.

2024
Inventory
23 backlogged kits in North Dakota

As of January 2024, North Dakota has 19 kits that have not been sent to the lab for testing and 4 kits awaiting testing at the lab.

2023
Inventory
North Dakota eliminated backlog of untested rape kits

In 2023, North Dakota Attorney General Drew Wrigley announced that the state crime lab has completed testing all of its previously backlogged kits, and ended its backlog.

2022
News Article
271 untested kits in North Dakota

According to the North Dakota Attorney General’s Office, there were 271 untested kits at the state crime lab in October 2022. The untested kit number has increased from 126 kits in December 2021.

2021
Bill: Enacted
SB2281 enacted in North Dakota

In 2021, North Dakota legislators introduced SB2281, requiring the state crime lab to develop a tracking system with an anonymous survivor portal, in which all relevant entities had to participate within one year of implementation. The bill also requires annual reports on the tracking system, including tested and untested kits, to be posted on the attorney general’s website. In April 2021, this bill was signed into law.

2019
Funding
$442,908 awarded in North Dakota

In 2019, the National Institute of Justice (NIJ) awarded a $442,908 grant to the North Dakota Office of the Attorney General to implement an evidence management program to inventory, track, and report untested kits.

2015
Accountability
56 kits found in Bismarck

In 2015, The Accountability Project issued an open records request to bring the number of untested kits in Bismarck to light. As of 2015, the Bismarck Police Department had a backlog of 56 untested rape kits collected between 2001 and 2015.

Funding
$341,667 awarded in North Dakota

In 2015, the Manhattan District Attorney’s Office awarded the North Dakota Office of the Attorney General (Crime Lab Division) $341,667 to test 500 rape kits.

Accountability

We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in North Dakota to discover whether they possess any untested rape kits.
Target
Request Year
Untested kits discovered
Information received
2015
56