Monterey County Grand Jury
• 2018-2019
• Agency Response
Response to:
Rape Kit Processing in Monterey County
Post Office Box Cc*
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 9 findings
F1
– LEAs in Monterey County lacked awareness and provided unclear and inconsistent information as to whether there are any backlogged rape kits. The City of Carmel-by-the-Sea partially disagrees with the finding. We cannot speak to the practices of other agencies. However, The Carmel Police Department (CPD) tracks and is aware of the status of sexual assault rape kits that have been collected in relation to investigations conducted by the CPD.
No recommendations for this finding
F2
- The lack of a centralized place to post information has resulted in a lack of consistency in the way that LEAs manage and track sexual assaults. The City of Carmel-by-the-Sea partially disagrees with the finding. We cannot speak to the practices of other agencies. The Carmel Police Department (CPD) participates in monthly meetings with other law enforcement agencies and the District Attorney's Office to coordinate sexual assault investigations. The CPD is part of the Sexual Assault Response Team (SART) which works with Sexual Assault Nurse Examiners (SANE), during investigations. Any DNA evidence obtained is submitted to the Rapid DNA Service (RADS). The CPD also reports the status of sexual assault forensic evidence through the Sexual Assault Forensic Evidence Tracking (SAFE-T) though the California Department of Justice as is required by PC 680.4.
Related Recommendations (1)
R2
- By January 15, 2020, the governing bodies of all Monterey County LEAs should assign a representative to participate in the DA - led centralized reporting initiative. This recommendation has been implemented by the City of Carmel-by-the-Sea. As was previously described, the Carmel Police Department (CPD) participates in a monthly meeting with the District Attorney's office regarding sexual assaults. The CPD will continue to participate with the District Attorney's Office and other law enforcement entities in ensuring crimes are properly investigated and coordinated.
F3
- At the beginning of this investigation, not all the LEAs were prepared to report the Rape Kit status information to the CDOJ as required by PC 680.4. The City of Carmel-by-the-Sea partially disagrees with the finding. We cannot speak to the practices of other agencies. The Carmel Police Department does report their Rape Kit status information to CDOJ as required by PC 680.4.
Related Recommendations (1)
R3
- By July 1, 2019, every Monterey County LEA should report to the CDOJ the required data outlined in PC 680.4. This recommendation has been implemented by the City of Carmel-by-the-Sea. The Carmel Police Department (CPD) reported required data to CDOJ by July 1, 2019, and will continue to report the required data to the CDOJ outlined in PC 680.4.
F4
- There is advanced training available for sexual assault investigators, but LEAs are instead relying upon senior investigators to provide "on the job training to other investigators within their respective departments." The City of Carmel-by-the-Sea disagrees with this finding. While we cannot speak to the practices of other agencies, the Carmel Police Department (CPD) sends all detectives to a Sexual Assault Investigator Course when assigned to the CPD Investigations Division. The detective currently assigned to the CPD Investigations Division has completed the California Commission on Peace Officer Standards and Training (POST) Police, Institute of Criminal Investigation (ICI) Sexual Assault Investigator Course.
Related Recommendations (1)
R4
- By July 1, 2019, and annually thereafter, every Monterey County LEA should report to their governing body and the public the required data outlined in PC 680.4. This recommendation has been implemented by the City of Carmel-by-the-Sea. The Carmel Police Department reports to their governing body and the public items related to PC 680.4, and the Carmel Police Department (CPD) will work with the Carmel-by- the- Sea City Attorney's Office to determine what can publicly be reported upon any request.
F5
- Training for advanced skills in the forensics of sexual assault investigations is not prioritized in the budgeting process. The City of Carmel-by-the-Sea disagrees with this finding. The City of Carmel-by-the- Sea and CPD ensures that there is funding for all CPD detectives to attend sexual assault training. This is a priority for the CPD.
Related Recommendations (1)
R5
- By July 15, 2020, every Monterey County LEA should develop a funding source, such as grants, for additional expertise training and recertification within the Sexual Assault and Forensic Division. This recommendation has been implemented by the City of Carmel-by-the-Sea. The Carmel Police Department (CPD) consistently searches for grant opportunities and leverages any successful grant awards with the CPD operating budget.
F6
– Some LEAs rely on cross-training less experienced patrol officers to supplement understaffed investigative teams rather than prioritizing the strategic increase of well-trained investigators. The City of Carmel-by-the-Sea partially disagrees with the finding. We cannot speak to the practices of other agencies. The Carmel Police Department (CPD) places a priority on training detectives in sexual assault investigations as described in Finding #4. Additionally, the CPD has officers that were previously assigned as detectives, who attended the sexual assault investigation training, and are currently assigned to patrol.
Related Recommendations (1)
R6
- By fiscal year 2020-2021, every Monterey County LEA should add or dedicate certified staff for Sexual Assault Investigations and include that increased cost in their budgets. This recommendation has been implemented by the City of Carmel-by-the-Sea. As was previously described, all Carmel Police Detectives are California POST trained in sexual assault investigations. All sexual assault investigation are handled by our detectives. We hope that this information addresses the Grand Jury's findings and recommendations. Please contact Carmel Police Chief Paul Tomasi @ ptomasi@ci.carmel.ca.us_or (831) 624-6403 if you have any questions or require additional information. Respectfully, Par Potto Dave Potter Mayor Chip Rerig City Administrator
F7
- All jurisdictions can expedite the investigations of rape crimes through access to the RADS processing to facilitate timely resolution of rape cases. The City of Carmel-by-the-Sea agrees with this finding. The Carmel Police Department has access to and utilizes the RADS processing system.
No recommendations for this finding
F8
- Most LEAs in Monterey County have implemented DNA testing protocols established by the CDOJ which have reduced the likelihood of unprocessed DNA evidence. The City of Carmel-by-the-Sea agrees with this finding. The Carmel Police Department has implemented DNA testing protocols that are in compliance with CDOJ.
No recommendations for this finding
F9
- There is no centralized authority coordinating all LEAs in Monterey County regarding collection, processing and reporting of sexual assaults. The City of Carmel-by-the-Sea partially disagrees with this finding. The Carmel Police Department (CPD) complies with all state mandates and employs contemporary best practices to investigate sexual assaults. The CPD attends monthly meetings with other Monterey County Sexual Assault Investigators including the District Attorney to share information and coordinate any investigations that may be occurring in other jurisdictions.
No recommendations for this finding
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.