A GUIDE: CODIS Hit Investigative Strategies & Notification Recommendations for Law Enforcement
Step 1: Prepare for Hit Notifications
Kit submissions will typically take a few months to process before the results are provided to your agency.
During this time, please take the opportunity to re-evaluate the corresponding investigation.
The manner in which the case will be assigned/reassigned ahead of the CODIS hit notification will be conducted in accordance with individual agency policy and procedure.
Per KRS 524.140, all evidence must be retained and cannot be destroyed unless an order is issued by the court of jurisdiction.
Spotlight on ViCAP
An FBI database that continually compares case modus operandi, signature aspects, crime scene descriptions/photos, victim and suspect details, and other pertinent information.
It contains about 150,000 open and closed violent crime investigations submitted by some 3,800 state and local law enforcement agencies—and includes some “cold cases” that go back to the 1950s.
Familiarize yourself with all aspects of the investigation and plan the next steps.
Locate the original case reports, and determine if any/all evidence still exists;
Gather all associated documents, including original and supplemental police reports, medical reports, crimes scene reports, legal documents, property impound sheets, previous lab results, photos, audio or video recordings;
Create a master case file of all documentation;
Use a cover sheet to highlight the critical information.
Determine whether there has been ongoing correspondence between the victim, your agency, and victim advocates to prepare for the notification.
Review all reports and physical/forensic evidence to determine if additional testing is needed.
Evaluate electronic evidence such as phones, computers, external hard drives, vehicle GPS, smart and fitness watches, video surveillance and security systems.
Research social media, public media information and cloud accounts.
Determine current suspect, witness, and victim whereabouts.
Team plan with the appropriate prosecutor and victim advocate. The advocate can assist law enforcement with safety planning for the victim.
Collaborate with KSP intelligence and the Kentucky Fusion Center to determine if there are similar cases, registered sex offenders, similar Modus Operandi (MO), or other information, which may assist the investigator in the investigation.
Enter case information into the Violent Criminal Apprehension Program (ViCAP) to link perpetrators and case MO to solved and un-solved sexual assaults, violent crimes and murders.
Step 2: Receive Hit Notifications
The KSP Central Lab will notify each law enforcement agency, prosecutor, SAKI Task Force Coordinator, and Kentucky Association of Sexual Assault Programs of CODIS hits.
The notification will identify the victim of the sexual assault, corresponding case information, and a hit packet from KSP Intelligence containing contact information/ last known address for the victim, as well as any available information on the suspect.
If an individual was identified through the DNA testing, the notification will also provide information about the specific offender.
If the individual is not identified, but additional victims are known, you may be able obtain additional case information from the other investigating law enforcement agencies to assist with your case investigation. This information will be provided in accordance with KSP Lab and CODIS protocol.
Investigators may receive a variety of reports from the crime laboratory that could include:
CODIS Hit: indicate an identified individual exists within the CODIS database.
Case to Offender Hit: indicate an unidentified individual. A DNA profile was obtained from the evidence: however, there are no matches in the CODIS database. A Profile is added and remains in the CODIS database. A hit letter will not be issued unless a future hit occurs to another case or to an offender in the CODIS database.
Case to Case Hit: indicate an unidentified individual with a DNA match to other victims and/ or cases. The profile obtained from the evidence will be entered into and remain in the CODIS database.
DNA obtained/ No Hit: If no DNA was found during testing, the lab report will reflect this and there will not be anything
entered into CODIS and no hit letter released.
Step 3: Prepare for Victim Notification & Investigation
Conduct a preliminary search for the victim to determine his/her whereabouts and any personal circumstances that may affect the victim’s response to the notification.
Determine which rape crisis center provides services to that area.
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Coordinate with a victim advocate from the local rape crisis center regarding notification of the victim, or if one is not available, utilize a victim advocate associated with your local prosecutor’s office, police agency or the Attorney General’s SAKI Team.
Determine how to conduct the initial contact and notification, including who should participate. Making the notification during the initial contact is not recommended, unless the victim makes such a request. Ideally, notification should be made in person, when practicable. To provide the victim with support during and after the notification, it is recommended that the law enforcement officer and a community or systems-based advocate do the notification together.
Be prepared to share information and answer the victim’s questions. Allow the advocate to determine their immediate needs and available trauma resources. Under most circumstances, you should plan to set up a follow-up interview after the notification to lessen the impact on the victim and give them time to process the new information. During the initial contact with the victim, allow the victim to choose how they prefer to be notified.
Additional Considerations for Preparing to Engage Victims:
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Are there officers or victim advocates that have developed a positive relationship with the victim and could assist with the notification?
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Are there safety concerns to be aware of during the notification, such as dangerous animals,
felonious activity, illicit drug use, continued contact between offender and victim?
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If it is a domestic violence situation, consider identifying yourself only as someone with the police department or sheriff’s office (rather than identifying as a sex crimes investigator), and ask for that person to have the survivor call.
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Has the victim had negative contact with the police, arrest warrants, etc.? In some cases, the victim advocate may be the best person to do the notification without law enforcement present, withholding police involvement until the circumstances have improved or resolved. Due to confidentiality laws, these situations would prohibit the advocates from reporting back to law enforcement any information gleaned from the survivors without the survivors' consent. KASAP has developed a consent form for community advocates to give to survivors to consent to sharing certain information with law enforcement. Law enforcement should make the final decision on how to proceed, but let the circumstances and a victim-centered, commonsense approach be your guide.
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What questions might the victim ask about the perpetrator and the court process?
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What is an appropriate place to do the notification that will allow privacy for the victim?
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What resources may be needed for the victim, such as crisis support, drug addiction, suicide
and domestic violence counseling, etc.?
Step 4: Engage Victims
It is important to the success and outcome of the case to be patient with the victim and build rapport. Allow the notification to be the time that helps the victim re-build trust with the criminal justice system. The victim advocate will greatly assist with this process.
In fact, you should make it clear to the victim that you are not asking them to make any decisions at this time.
It is not advisable to ask a victim whether they want to proceed with prosecution or to attempt a victim interview at the notification.
Questions frequently asked by victims during notification:
Why was my kit not tested at the time of my sexual assault?
Was my case presented to a prosecutor/grand jury?
Where is the perpetrator?
Does my perpetrator have a history of sexual violence?
What resources and/or support services are available in my area?
What happens now?
What is the role of the advocate, prosecutor or officer?
Will this information be in the news?
If the victim is a juvenile, work with the appropriate Department of Community Based Services and the regional Children’s Advocacy Center for information, support and interviewing services. While some investigations may warrant detectives conducting a complete comprehensive interview with the victim, the notification process may not be the most ideal time or location to complete even a partial interview. However, one should be prepared to answer questions from the victim.
Additional best-practice considerations for the victim notification:
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Ensure that you and the victim are in a safe, private environment.
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Ask the victim if it is okay to meet another time to discuss the incident.
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If the victim begins to discuss the incident, let the victim know that you understand that the
incident may be difficult to discuss.
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Traumatized victims often need several days to process the incident before they should be
interviewed.
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Use trauma-informed interviewing techniques and employ good listening skills, including
understanding, empathy, and patience.
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Allow yourself and the victim advocate time to develop trust with the victim.
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Be aware of surroundings and if others may be able to hear your questioning and responses and how that may affect your interview.
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Understand that victims all will react differently. Anger, confusion, fear, sadness, lack of interest and other emotions are all normal responses for a victim.
Post-Notification Actions:
Discuss the possibility of needing to speak with victims further and the reasons why further contact could be needed.
Explain that it is the victim’s decision to continue the investigation. Even if you are not trying to have them clarify this at the time of the notification, it is important that they are aware that the choice is theirs.
Provide contact information for you and the victim advocate.
Complete the reporting link that accompanied the notification email.
Sexual assault and cold-case investigations present many challenges, but the victim and the search for justice on their behalf must remain our top priorities.
Consider the following suggestions as you further your criminal investigation:
Know the details of your case and your investigative notes, then prioritize your case needs. Preparation is a necessity to the success of the prosecution and supporting the victim throughout the process. Consider using the checklist that was developed based on this document to assist you in your investigation.
What information and evidence needs to be collected to support the DNA findings?
Where is the perpetrator? How do we find? What if in another jurisdiction?
Is perpetrator known to victim or family? Is perpetrator a possible serial sex offender or on a sex offender registry?
Who needs to be interviewed or re-interviewed?
Research the suspect’s background, criminal history, law enforcement contacts, work history, education, phone history, active relationships, past and disgruntled relationships, finances, residence history, vehicle history, social media, habits, known clothing and shoes, unique characteristics, memberships, etc.
Consider using resources such as KSP Intelligence, the FBI’s ViCAP database, or the Regional Organized Crime Information Center (ROCIC). Determine if there are their similar investigations / victims that may suggest a serial offender.
Collaborate with the Multi-Disciplinary Team i.e. the prosecutor, advocate, Kentucky Association of Sexual Assault Programs, local Rape Crisis Center, and other law enforcement agencies for advice.
Do we need surveillance, search warrants, additional lab tests, polygraph, etc.?
Will discreet DNA samples need to be collected (Abandoned DNA, trash pull)?
Any additional corroborating evidence? Surveillance video, bank card usage, cell phone usage, touch DNA, fingerprints, shoe prints, receipts, social media, monitoring tech gadgets, etc.
Develop arrest operations and officer safety considerations.
Develop a suspect contact strategy i.e. interview / interrogation, search warrant, evidence gathering strategy, etc. The SAKI TTA Toolkit has resources which may assist investigators.
Attempt to reduce exposure of the victim when possible by keeping the victim’s name off of the search warrant, citation, press releases, etc.
Perseverance - Be driven to obtain justice for the victim and realize that the victim is depending on you.
Additional Considerations
Trauma-Informed Approach
Much has been learned about victim-centered and trauma-informed victim interviewing techniques. Victims who were not perceived as credible at the time of their assault may have been exhibiting what is now widely recognized as typical post-trauma behavior.
There are numerous law enforcement resources that offer best-practice interview and victim support techniques. Department of Criminal Justice Training (DOCJT) offers training specific to sexual assault and best-practice interviewing techniques. Additional training will be offered in the upcoming years that will develop well-rounded, victim-centered officers.
The National Sexual Assault Kit Initiative Training and Technical Assistance Team (SAKI TTA) also has developed resources for understanding trauma.
WATCH: How Law Enforcement Can Work with Victims of Trauma
