Rhode Island

Rhode Island has achieved four of six pillars of reform. To achieve comprehensive reform, it must implement a rape kit tracking system and allocate public funds to test rape kits.

Reform Status
Some Reform
Testing Status
In-Process
Untested Kits
Now 58*
Then Unknown**

Pillar Count

4/6 Pillars
Rhode Island has achieved four of six pillars of reform. To achieve comprehensive reform, it must implement a rape kit tracking system and allocate public funds to test rape 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? 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

In-Process, the state has 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? Yes
  • Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab? Yes
  • Does the law require kits past the statute of limitations to be sent in for testing? Yes
  • Does the law allow public crime labs to outsource unsubmitted kits? Yes
Test New Kits

Yes, all newly collected kits are being tested.

Rhode Island law stipulates that medical facilities must notify the appropriate law enforcement agency immediately, and no later than 24 hours after the collection of a new sexual assault evidence kit. State law also says that hospitals and state laboratories shall work together to ensure reported kits are transferred from the hospital to the laboratory within 10 days of the kit being collected. Finally, the state statute says that the public crime laboratory shall test all kits within 30 days of receipt, and have an average completion rate of 90 days to upload DNA into CODIS and local DNA databases. If it cannot meet this deadline the lab is to outsource testing of untested kits to a private lab.

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? Yes
  • 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? Yes
  • 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

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State Reform Timeline

2022
Bill: Enacted
Rhode Island passes four pillars in one bill

In 2022, Rhode Island legislators enacted HB7079, a bill that mandates an annual inventory, require the testing of all newly collected rape kits, and the testing of all backlogged kits. The bill also grants victims’ the right to know the status of their rape kits.

Bill: Enacted
HB7079 Enacted in Rhode Island

In 2022, legislators in Rhode Island enacted HB7079 which mandates the testing of backlogged kits, the testing of newly collected kits, and requires the department of health to carry out an annual inventory of untested kits. The bill also grants victims the right to know the status and location of their sexual assault kit. With this law, Rhode Island has enacted four pillars of comprehensive rape kit reform, making HB7079 one of the most comprehensive bills to be passed. 

2021
Bill: Failed
HB5460 failed in Rhode Island

HB5460 would have mandated an annual inventory, and required the testing of all newly collected and backlogged rape kits. The bill would have also required the establishment of a rape kit tracking system, and granted victims the right to know the status of their rape kits. This bill failed to pass.

Bill: Failed
SB396 failed in Rhode Island

SB396 would have granted victims the right to know the status of their kits, and allocated funding for rape kit reform. This bill failed to pass.

Inventory
1297 untested kits uncovered in Rhode Island

According to a media report by WPRI there were 1297 untested kits in Rhode Island in 2021.

2020
Bill: Failed
SB2268 failed in Rhode Island

In 2020, legislators introduced SB2268, which would have required rape kits that had “been utilized by any law enforcement agency or department during the course of an investigation of a sexually-oriented assault” to be submitted to the state crime laboratory for testing within 72 hours. The bill directed the lab to analyze the kit within 15 days, and then submit a report to law enforcement within 15 days. The bill also would have required law enforcement or the Department of the Attorney General to provide a copy of the analysis report to the survivor. This bill failed to pass.

2015
Accountability
Accountability Project issued records request in Rhode Island

In 2015, The Accountability Project issued an open records request to bring the number of untested kits at the Rhode Island Forensic Biology Lab (FBL) to light. Through our efforts, we learned that FBL tested 99% of all rape kits received between 2005 and 2015 by February 2016. In Rhode Island, hospitals send non-reported or unreported kits directly to FBL for storage. Those kits are not tested unless a survivor chooses to report their assault. FBL reported receiving 1,507 unreported kits for storage between 2005 and 2015.

Accountability

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