END THE BACKLOG is an initiative of the JOYFUL HEART FOUNDATION
Wisconsin
Wisconsin has adopted five of six pillars of rape kit reform. The state has carried out an inventory, is in the process of testing backlogged kits, and is implementing a tracking system.
Wisconsin has adopted five of six pillars of rape kit reform. The state has carried out an inventory, is in the process of testing backlogged kits, and has implemented a tracking system.
Statewide Inventory
Yes, the state carried out a one-time inventory.
Wisconsin carried out an inventory of untested kits through non-legislative means.
Test Backlogged Kits
Yes, the state has eliminated its backlog.
Wisconsin has 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?
72 Hours
According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab?
14 Days
According to the law, after receiving the kit, within what time frame is the lab required to test the kit?
6 Months
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?
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
Yes, the state has allocated one-time funding.
See state reform timeline below.
Take Action Today to Bring Further Rape Kit Reform to Wisconsin
In 2023, Senators in Wisconsin introduced SB37. This bill would improve rape kit handling and processing timelines. Under SB37, law enforcement would be required to send kits to the lab within 14 days of taking possession of it. The new law would mandate the state lab to begin processing the kit within 5 days of receiving it and complete processing of the kit within 60 calendar days after analysis has begun.
In 2022, Wisconsin legislators introduced AB871 / SB814, a bill that would require the crime lab to test newly collected rape kits within 90 days. This bill failed to pass.
In April 2021, Wisconsin Attorney General Josh Kaul announced in a press release that the Wisconsin Department of Justice had procured software to launch a rape kit tracking system, and was currently conducting an inventory of untested rape kits beginning from the last inventory in 2016. Read Attorney General Kaul’s press release.
SB71 required medical facilities to notify law enforcement agencies within 24 hours of collection of a kit, and to send anonymous kits to the crime lab within 72 hours for storage. Law enforcement agencies are required to pick up a kit from the hospital within 72 hours, and submit it to the lab within 14 days. Under this bill, the crime lab is required to test kits and send them to law enforcement for storage for 50 years. Labs are required to store unreported kits for 10 years.
SB94 required the Department of Justice to create the Wisconsin Sexual Assault Kit Tracking System, tracking rape kits from collection to testing and destruction. The system required all agencies to provide updates, and allow survivors anonymous access. The bill also allocated $400,000 to DOJ to create the tracking system.
In 2019, SB332 was also introduced. This bill would have required DOJ to establish the Wisconsin Sexual Assault Kit Tracking System. The tracking system would have allowed survivors of sexual assault to anonymously track or receive updates regarding the location and status of their sexual assault kits throughout the criminal justice process. This bill failed to pass.
In 2019, Wisconsin legislators introduced SB200, which would have required notification and kit submission timelines for law enforcement, required the lab to process kits, extended the kit storage period, and mandated the DOJ to report on rape kits collected and processed. This bill failed to pass.
In 2017, the attorney general set up a website to track progress in testing backlogged kits. As of October 2017, the website listed 6,391 untested rape kits uncovered. Wisconsin law did not at that time require law enforcement agencies to count, track, or test rape kits.
In 2017, BJA awarded DOJ an additional $2 million to support law enforcement training, test remaining backlogged kits, and develop a statewide evidence management system to track kits going forward.
AB404 would have directed the Legislative Audit Bureau to inventory untested rape kits, assess how the number of untested kits had changed over time, and review the rape kit testing policies and procedures of DOJ. This bill failed to pass.
AB405 would have required law enforcement agencies to report annually regarding the number of kits collected, submitted for testing, and not submitted; the dates of collection, submission, and testing of those kits; and the reasons why kits were not submitted or not tested. This data would have been reported to DOJ, which would have compiled and issued an annual statewide audit report to the legislature. This bill failed to pass.
AB408 would have required law enforcement agencies to submit all rape kits to the lab within 30 days for storage, testing, or both. The bill also would have granted survivors of sexual assault the right to have their kits stored for 15 years or for the duration of the sentence of the convicted perpetrator of the crime, the right to have their kits transported to the lab within 30 days of collection, and the right to receive oral and written notice of all of their rights at the hospital. This bill failed to pass.
In 2015, the Manhattan District Attorney’s Office and the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Wisconsin Department of Justice (DOJ) a total of $3,999,967 to test 2,500 kits, investigate and prosecute cases, and re-engage survivors.
In 2014, the Wisconsin Attorney General’s Office conducted a one-time audit and found 6,841 untested rape kits among the 81% of agencies that responded. The Attorney General’s Office determined that 4,475 of these kits were eligible for testing. As of September 2021, all of these 4,475 kits had been tested.
In 2014, The Accountability Project issued an open records request to bring the number of untested kits in Milwaukee to light. Through this request, we uncovered a backlog of 2,655 untested kits in Milwaukee.
Accountability
We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Wisconsin to discover whether they possess any untested rape kits.
Today, the Joyful Heart Foundation and the Wisconsin Coalition Against Sexual Assault applaud Wisconsin representatives in their passage of SB71 and SB94—two bills that together would vastly improve around the sexual assault kit handling process.
With the opening of the Wisconsin legislative session, lawmakers have introduced multiple bills that would enact sweeping sexual assault kit reform throughout the state. Two bills introduced, S.B. 71 and S.B. 94, would improve how rape kits are handled in the state and establish a statewide rape kit tracking system, respectively.
As the state legislative sessions are ending or paused for a summer break, we look back at our achievements this year. 29 states and Puerto Rico introduced 50 bills related to our six pillars of comprehensive sexual assault kit reform. Out of these, 12 states passed 15 laws. This year, Mississippi enacted its first ever […]
