Text extracted via OCR from the original document. May contain errors from the scanning process.
May 18, 2017
MuckRock
DEPT MR 37299
411A Highland Ave.
Somerville, MA 02144-2516
RE:
Rape Kit FOIA
Dear Ms. Grinberg:
This letter will acknowledge your correspondence requesting documents and information
pursuant to the South Carolina Freedom of Information Act. We received your correspondence
on May 5, 2017.
We respond to your requests as follows:
1. All standard operating procedures regarding the SAEC process.
Response: All the policies and procedures for the Myrtle Beach Police Department (“MBPD”)
are available online in a PDF format at
http://www.cityofmyrtlebeach.com/police/forms/Policies%20and%20Procedures%20Manual.pdf
This PDF can be searched for terms relating to your request.
2. Any written policies or procedures regarding department practices on the acquisition of
or handling of rape kit evidence, including protocols for its collection, testing, and
delegation and transfer to all other possibly relevant locations, laboratories, or agencies.
Response: See response to request #1.
3. The number of kits collected and booked into evidence from the period of January 1,
2000 through the date this request is processed.
Response: The MBPD has collected 478 sexual assault kits.
4. The number of kits that have been processed by a public or private crime or forensic
1
laboratory or equivalent processing location from the period of January 1, 2000 through
the date this request is processed.
Response: All sexual assault kits have been submitted to the South Carolina Law Enforcement
Division (“SLED”) to be processed.
5. The number of unprocessed kits in any storage facilities currently under the
department's jurisdiction and control, including those held by medical personnel or at
external laboratory locations.
Response: 0
6. Any materials regarding the status or ultimate disposition of cases in which a kit was
collected. Please include all available segregable data.
Response: Based on the language of this request, it is unclear what specific documents you are
asking for. In general, the FOIA does not require a public body to create documents in response
to an FOIA request. To the extent this request asks the MBPD to create documents, this request
is denied pursuant to S.C. Code § 30-4-20(c). Please contact me at your nearest convenience to
discuss this request.
7. All audits involving this agency regarding the collection or backlog of SAEC kits.
Response: There have not been any audits involving the MBPD and the collection or backlog of
sexual assault kits.
8. All proposed alterations or yet-to-be-implemented changes to the policies and procedures
regarding the collection, testing, and use of SAEC kits.
Response: There are no proposed alterations to the MBPD’s policies and procedures regarding
the collection, testing, and use of sexual assault kits.
Should you have any questions regarding any of the above, please contact my office at:
Battle Law Firm, LLC
PO Box 530
Conway, SC 29528
T: 843-248-4321
Sincerely,
James R. Battle
Counsel for Myrtle Beach Police Department
2