Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Kenneth Binder, Sheriff
Subject: Agreement with Bode Cellmark Forensics, Inc for Sexual Assault Kit Testing
RECOMMENDATION:
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Adopt a resolution authorizing an agreement with Bode Cellmark Forensics to provide forensic analysis of untested sexual assault kits, for the term of March 1, 2026 to June 30, 2028, in an amount not to exceed $1,672,500.
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BACKGROUND:
In the course of law enforcement activities, it is necessary to gather forensic evidence to establish objective facts in legal proceedings, primarily to identify perpetrators, link suspects to crime scenes, and exonerate the innocent.
Sexual assault kits are used to collect and preserve biological evidence. On October 8, 2019, Senate Bill 22 amended Penal Code ?? 680 and 680.3 require law enforcement agencies to submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days. The crime lab must process sexual assault forensic evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System (CODIS) as soon as practically possible, but no later than 120 days after initially receiving the evidence for testing.
Prior to adoption of Senate Bill 22, law enforcement agencies had discretion on which sexual assault kits were to be tested, and many kits in San Mateo County were not submitted for testing. In addition, Senate Bill 22 did not require law enforcement agencies to test sexual assault kits collected prior to 2016.
A recent audit has identified approximately 315 kits with respect to which testing was cancelled by the applicable law enforcement agency, approximately 30 kits that were never submitted to the laboratory, and an additional 320 that were collected prior to the San Mateo County Sheriff's Office Forensic Laboratory performing modern DNA analysis.
The Sheriff's Office has exec...
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