What should be done with SAECKs collected before January 1, 2018, that the LEA determines to be unfounded after comprehensive case review and review by the MDT?

The LEA must track any previously unsubmitted SAECKs that it determines, after completion of the investigation, a comprehensive case review by the LEA, and complete review by the MDT, are unfounded – meaning that the LEA, at the end of this process, concluded based on clear and convincing evidence that a crime did not occur.  The required tracking that an LEA must perform for unfounded SAECKs includes documenting the number of SAECKS that are unfounded, as well as a brief summary of the clear and convincing evidence that supports the determination of unfounded.  If later on, the LEA receives information or evidence that creates investigative or evidentiary value for testing the previously unfounded kit, the LEA shall send the unfounded kit to the Crime Lab for testing as soon as practicable.