Section 838-a. Maintenance of sexual offense evidence kits. 1. The following requirements shall apply to all sexual offense evidence kits surrendered to or collected by, at the request of, or with cooperation of an agency engaged in a law enforcement function in the state:

(a) Each such agency engaged in a law enforcement function in the state shall submit any sexual offense evidence kits in its custody or control to an appropriate forensic laboratory within ten days of receipt.

(b) Each forensic laboratory receiving sexual offense evidence kits after the effective date of this section shall develop Combined DNA Index System (CODIS) eligible profiles of any potential perpetrators from the evidence tested and, within ninety days after receipt of such kit, report the results to the submitting agency and appropriate prosecutorial entity.

(c) Each agency engaged in a law enforcement function in the state that, prior to the effective date of this section, has one or more sexual offense evidence kits in its custody or control shall, within one hundred eighty days after such effective date, submit all untested kits in its possession or control to an appropriate forensic laboratory.

(d) Each forensic laboratory, within one hundred and twenty days after receiving each sexual offense evidence kit pursuant to paragraph (c) of this subdivision shall develop from evidence submitted Combined DNA Index System (CODIS) eligible profiles for any potential perpetrators and shall, within ninety days of developing such profiles, report the results to the submitting agency and the appropriate prosecutorial entity.

2. (a) Each forensic laboratory in the state shall report to the division, on a quarterly basis, in writing, on (i) the number of sexual offense evidence kits it received, (ii) the number of such kits processed for the purpose of developing Combined DNA Index System (CODIS) eligible profiles of any potential perpetrators, and (iii) the number of kits not processed for testing. (b) Each agency involved in a law enforcement function in the state shall report to the division on a quarterly basis, in writing, on (i) the number of all the sexual offense evidence kits it received, (ii) the number of such kits it submitted to a forensic laboratory for processing, (iii) the number of kits in its custody or control that have not been processed for testing, and (iv) the length of time between receipt of any such sexual offense evidence kit and the submission of any such kit to the forensic laboratory.

3. The division shall undertake actions designed to ensure that all agencies engaged in a law enforcement function in the state and all forensic laboratories are educated and aware of the provisions of this section.