Mercer Times

TRENTON – Attorney General Matthew J. Platkin announced amendments to Law Enforcement Directive 2023-1, aimed at ensuring sexual assault survivors have access to necessary medical, investigative, and supportive services. The changes also focus on preserving and processing evidence in a victim-centered manner to help law enforcement identify and hold serial offenders accountable.

The amendments mandate the testing of all SAFE Kits submitted to law enforcement. Previously, under Directive 2023-1, the Director of the Division of Criminal Justice or a County Prosecutor could decide not to test a SAFE kit if it was deemed irrelevant to the case outcome. The new directive removes this discretion, requiring all SAFE kits with victim consent to be tested by forensic laboratories. Additionally, forensic labs must notify the Director of the Division of Criminal Justice and the New Jersey State Police Regional Operations & Intelligence Center (NJ ROIC) within seven business days when test results uploaded to CODIS match more than one crime of sexual violence.

Attorney General Platkin emphasized that these changes aim to enhance trust between survivors and law enforcement: "This Amended Directive is responsive to the needs of sexual assault survivors and works to further their trust in law enforcement." He added that these updates would improve prosecution success rates against serial offenders.

The Department of Law and Public Safety (LPS), under Platkin's leadership, has implemented several policy reforms regarding SAFE Kits' collection, retention, and testing. These efforts include improving lab processing capabilities and reducing DNA result turnaround times through recruitment enhancements and overtime programs at the New Jersey State Police Crime Laboratory.

The updated directive aligns with proposed legislation in both the State Senate and Assembly. Sponsored by Senator Vin Gopal (S3535) and Assemblywomen Ellen Park and Jessica Ramirez (A4730), the legislation seeks to allow evidence of prior sexual assault, domestic violence, and child abuse offenses in subsequent criminal prosecutions.

J. Stephen Ferketic, Director of the Division of Criminal Justice, highlighted the importance of proper evidence processing: "We are doubling down on our promise to protect and serve survivors as we hold offenders accountable."

Patricia Teffenhart, Executive Director of the Division of Violence Intervention and Victim Assistance, noted: "The amendments announced today further underscore our survivor-centered approach to seeking justice in sexual assault cases."

Jane Reynolds from Mercer County Prosecutor’s Office praised the directive for its survivor-centered approach: "With each step a survivor takes in the journey to pursue justice, our policies and practices are working together to help them heal."

The New Jersey Coalition Against Sexual Assault expressed gratitude for putting control over SAFE kit testing decisions into survivors' hands: "Such a change more closely aligns policy and practice to better meet the needs of survivors pursuing justice through the criminal legal system."

A two-million-dollar Bureau of Justice Assistance National Sexual Assault Initiative grant supports these changes by funding a statewide SAFE Kit tracking system and upgrading evidence storage facilities.

While there may be short-term delays in testing due to increased volume and ongoing capacity building efforts at LPS, information about retroactive testing will be made publicly available starting in 2025 on the Attorney General’s website.

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