Forensic Care of Suspects

  • People suspected of sexual assault have rights. Health care professionals should confirm and document the legal authority (search warrant, consent, exigent circumstances) used by law enforcement for collection of evidence from the suspect.
  • Forensic exams will be paid for by the law enforcement agency requesting the exam.
  • It is recommended that suspects in handcuffs remain handcuffed during the exam for safety and to avoid possible destruction of evidence. Collaborate and communicate with law enforcement on best way to maintain safety of everyone.
  • It is recommended that the examiner ask for suspects to be always supervised by law enforcement, for safety and to avoid destruction of evidence.
  • When the investigation identifies a suspect, the investigating officer may attempt to collect a suspect DNA reference standard and may request a sexual assault suspect forensic examination also.
  • If the suspect consents to submission of DNA evidence, the suspect’s consent shall be documented in the law enforcement case report and in the forensic documentation at the health care facility.
  • If the suspect declines to submit DNA evidence, a search warrant is required to collect any biological samples from the suspect.
  • When sexual assault suspect forensic examinations are performed on a suspect who is in custody, the investigating officer shall advise the suspect of their rights as required by the Miranda decision prior to the suspect being asked any questions by the medical forensic examiner.
  • The methods used to obtain the suspect DNA sample shall be documented in the case report.
  • The suspect’s DNA sample shall be collected, submitted for testing, stored, and retained.

Adult Patients who are in Texas Department of Criminal Justice Facilities

  • Texas Department of Criminal Justice (TDCJ) is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities.
  • Prison Rape Elimination Act (PREA) (Public Law 108-79) of 2003 provides patients who are inmates in state prisons the right to medical forensic examinations and secures many other rights of those patients.
  • Follow medical and criminal justice facility policies on care and treatment of patients in custody. Consider the degradable nature of evidence and time between assault and medical forensic assessment.
  • When a patient is a prisoner incarcerated in a TDCJ facility, it is recommended to:
    • Contact the Office of Inspector General (OIG) at 281-853-5947 for authorization to complete a medical forensic sexual assault examination with evidence collection.
    • Request an OIG case number; however, initially you may receive an Emergency Action Center (EAC) incident number. Record the investigator’s name.
    • Have the patient voluntarily consent to have the medical forensic sexual assault examination with evidence collection.

During the medical forensic assessment:

  • Conduct the examination according to the TDCJ’s investigation protocol (Texas Department of Criminal Justice, Correctional Institutions Division, 2019). Although inmates are patients, they are in the custody of TDCJ.
  • Remove any object in reach of the patient.
  • Contact the OIG upon completion.
  • Release the evidence to the OIG investigator or person designated by the OIG as investigator.

Patients who are in Youth Detention, also known as a Juvenile Detention Center

  • Juvenile Detention Center (JDC) is a secure prison or jail for persons under the age of 18 years.
  • Secure detention is for short periods of time to await current trial hearings and further placement decisions.
  • Secure confinement implies that the juvenile has been committed by the court into the custody of a Secure Juvenile Correctional facility for months to years.
  • When a patient is a prisoner incarcerated in a Texas JDC facility:
    • Contact the law enforcement of jurisdiction where the sexual assault occurred for authorization to complete a medical forensic sexual assault examination with evidence collection.
    • Request a law enforcement sexual assault case number.
    • Have the patient voluntarily consent to have the medical forensic sexual assault examination with evidence collection.

During the medical forensic assessment:

  • Although inmates are patients, they are in the custody of JDC.
    • Remove any object in reach of the patient
    • Release the evidence to the officer/detective designated by the law enforcement agency.