Attorney General Matthew J. Platkin today announced amendments to Law Enforcement Directive 2023-1 to ensure that sexual assault survivors have access to the medical, investigative, and supportive services they need and deserve, and that evidence collected in sexual assault cases is preserved and processed in a victim-centered and efficient manner that helps law enforcement identify and hold accountable serial offenders.

The amendments to the Directive establish a new mandate to test all SAFE Kits submitted to law enforcement. Previously, pursuant to Attorney General Directive 2023-1, the Director of the Division of Criminal Justice or a County Prosecutor could determine that a SAFE kit need not be tested in certain instances where the results would have no bearing on the outcome of the case. The amended directive (Attorney General Directive 2023-1, v2.0) issued today removes that discretion and provides that all SAFE kits, where the victim consents to release to law enforcement, are to be submitted to the forensic laboratory for testing. This Directive also requires the forensic laboratory to notify the Director of the Division of Criminal Justice and the New Jersey State Police Regional Operations & Intelligence Center (NJ ROIC) within seven (7) business days when SAFE Kit test results that have been uploaded to the Combined DNA Index System (CODIS) result in a match to more than one crime of sexual violence. Both changes to the Directive will facilitate New Jersey’s investigation and identification of serial offenders.

Over the last few years under General Platkin’s leadership, the Department of Law and Public Safety (LPS) has used requested data from law enforcement colleagues throughout the State to inform a series of policy and practice reforms relating to the collection, retention, and testing of SAFE Kits. This amended Directive is the latest in a series of strategic updates that respond to the needs of sexual assault victims and help law enforcement retain evidence and prosecute crimes of sexual violence.

“This Amended Directive is responsive to the needs of sexual assault survivors and works to further their trust in law enforcement. Last year, I made important strides towards reducing the additional trauma survivors of sexual violence too often experience during the investigation and prosecution of the crimes committed against them. Today we’ve raised our own standard for taking a survivor-centered approach to justice, and victims will benefit,” said Attorney General Platkin. “This critical update, along with a proposed rule change that would make admissible at trial evidence of a defendant’s commission of prior domestic violence, child abuse, or sexual assault, will increase the likelihood of successfully prosecuting serial offenders and diminish the serious public safety threat they present.”

Improvements to the processing capabilities of the current labs in New Jersey that test SAFE Kits, including changes to recruiting and retention at the New Jersey State Police Crime Laboratory, and utilization of overtime programs have significantly reduced the turnaround time to issue DNA results, which shows the commitment across law enforcement to better serve survivors of sexual violence.

The Directive update announced today complements legislation recently proposed for introduction in both the State Senate and the State Assembly, sponsored by Senator Vin Gopal (S3535) and Assemblywomen Ellen Park and Jessica Ramirez (A4730). The proposed legislation would allow evidence of a defendant’s commission of prior sexual assault, domestic violence, and child abuse offenses in the criminal prosecution of a subsequent similar offense. The subset of crimes included in the legislation are often particularly difficult to prosecute because the crimes rarely occur in front of witnesses other than the victims.

Historically, rules of evidence that bar inclusion of such evidence in criminal prosecutions have increased the challenges to prosecuting these cases, enabling offenders to evade accountability. One of the most significant outcomes of testing all SAFE Kits released to law enforcement is the increased ability to identify serial sex offenders. The legislation proposed for introduction by Senator Gopal and Assemblywomen Park and Ramirez would allow juries to consider evidence an offender’s repeated acts of sexual violence when determining guilt or innocence.

“The changes to this Directive will ensure that when a survivor of sexual assault decides to seek a criminal investigation, evidence from their SAFE kit will be properly processed and repeat offenders will be identified,” said J. Stephen Ferketic, Director of the Division of Criminal Justice. “We are doubling down on our promise to protect and serve survivors as we hold offenders accountable.”

“The changes implemented last year by Attorney General Platkin were responsive to the impact of trauma, allowing survivors of sexual assault more time to process their victimization before seeking a criminal investigation. The amendments announced today further underscore our survivor-centered approach to seeking justice in sexual assault cases,” said Patricia Teffenhart, Executive Director of the Division of Violence Intervention and Victim Assistance. “This Directive and its amendments continue to affirm New Jersey’s commitment to infusing survivor-centered, trauma-informed principles into our public safety policies.”

“Often, a survivor’s first experience with the criminal justice system begins with their participation in a forensic medical exam. At that time, they may not know if they wish to pursue an investigation. But just as much as it is our responsibility to collect and preserve specimens that may be useful in criminal proceedings, it is also our job to be a source of comfort and compassion – to support survivors during an incredibly traumatic time,” said Jane Reynolds, Sexual Assault Response Team Coordinator and Forensic Nurse Examiner, Mercer County Prosecutor’s Office. “The issuance of today’s Directive is a complement to the survivor-centered approach consistent in our practice throughout New Jersey. 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 (NJCASA) is grateful for the amendments to Law Enforcement Directive 2023-1 that requires testing of all kits that are released by survivors to law enforcement. This puts the decision to move a SAFE kit forward for testing in the hands of survivors, where such a personal decision belongs,” said the New Jersey Coalition Against Sexual Assault. “Such a change more closely aligns policy and practice to better meet the needs of survivors pursuing justice through the criminal legal system, and we look forward to working with our programs and partners across NJ to build awareness about this important change.”

The updated directive coincides with a two-million-dollar Bureau of Justice Assistance National Sexual Assault Initiative grant secured by the LPS’s Division of Criminal Justice, the Division of Violence Intervention and Victim Assistance, and the Office of Justice Data. This grant funds the creation of a statewide SAFE Kit tracking system, supports evidence storage facility upgrades, and improves survivors’ access to information about the status of their SAFE Kits.

These changes are part of the Attorney General’s ongoing efforts to ensure that victims of violent crimes have expanded pathways to justice and healing while equipping law enforcement with the tools needed to hold offenders accountable. It is expected that there will be short-term delays in testing as the LPS simultaneously continues to build staffing and technological capacity, while increasing the volume of SAFE kits being tested. To ensure survivors and the public can stay informed about the status of these efforts, as retroactive testing begins in 2025 updated information will be made publicly available on the Attorney General’s website.