Relates to the collection and reporting of sexual offense evidence on the statewide electronic tracking system

Survivors control evidence tracking and storage

New York tracks reported sexual offense evidence kits when survivors agree to evidence collection and reporting to law enforcement. Kits are unreported and excluded from tracking when survivors do not consent to release or withdraw consent. When a survivor permits release of legally protected evidence, the hospital must log its collection and notify law enforcement within 48 hours. Law enforcement must retrieve it within 10 days after notice and record it in the tracking system. The state's tracking rules do not require those specific timelines; they focus on tracking and informing survivors. If a survivor withdraws consent after reporting, law enforcement must transfer the evidence to the Office of Victim Services for long-term storage. Kits transferred there or kept by law enforcement must follow the law's storage rules. An unreported kit becomes reported and tracked when that office releases it to law enforcement with the survivor's permission.