For kits collected before January 1, 2018, where the kit was not submitted due to a criminal conviction, should that kit be submitted for testing?

Yes.

The reason for testing a kit even though there was a criminal conviction is that many perpetrators of sexual violence tend to re-offend. CODIS is a critical investigative tool that can link multiple cases together and help law enforcement apprehend repeat offenders. Therefore, uploading the perpetrators DNA profile to CODIS even though they plead guilty in the instant case can help solve other cold cases. The MDT should engage the North Carolina Innocence Inquiry Commission to assist with SAECK testing decisions related to post-conviction cases.  However, if there was a criminal conviction, the convicted person’s DNA profile is already in CODIS, and the convicted person does not seek DNA testing, that SAECK should be withheld from submission.