Legislature(2019 - 2020)GRUENBERG 120
02/04/2020 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB198 | |
| HB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 198 | TELECONFERENCED | |
| *+ | HB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 182-SEXUAL ASSAULT EXAMINATION KITS: TESTING
[Contains discussion of HB 49]
3:48:56 PM
CO-CHAIR FIELDS announced that the final order of business would
be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 182, "An Act relating
to testing of sexual assault examination kits; and providing for
an effective date."
3:49:22 PM
CO-CHAIR KREISS-TOMKINS moved to adopt the sponsor substitute
(SS) for HB 182, Version 31-LS1188\M, as the working document.
REPRESENTATIVE VANCE objected for discussion purposes.
3:50:04 PM
The committee took a brief at-ease.
[It was determined that adoption of SSHB 182 was not necessary.]
3:50:24 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, relayed
that in the fall of 2014, she received a letter from the "End
the Backlog" organization - a project of the Joyful Heart
Foundation. The Joyful Heart Foundation was founded by actress
Mariska Hargitay of the Law & Order: Special Victims Unit
television series in response to the many communications she
received from individuals who were victims of sexual assault.
She started the End The Backlog initiative to end the backlog of
untested rape kits.
REPRESENTATIVE TARR stated that Alaska is making significant
gains on [rape kit testing] reform. She referred to slide 2 of
the PowerPoint, entitled "Joyful Heart Foundation - 6 Pillars,"
which read:
head2right Annual statewide inventory of untested kits: A
recurring count of all untested rape kits enables
stakeholders to understand the scope of the problem
and monitor progress.
head2right Mandatory testing of backlogged kits: Eliminate the
existing backlog by requiring law enforcement agencies
to submit all previously untested kits to the lab and
requiring the kits to be tested.
head2right Mandatory testing of new kits: Prevent future backlogs
by requiring law enforcement agencies to promptly
submit all newly collected kits to the lab, and
requiring the lab to test these kits within a specific
time frame.
head2right Statewide tracking system: Ensure that hospitals, law
enforcement, and labs are using the same system to
track rape kits. Build in a mechanism for survivors to
check the status of their kits throughout the process,
from collection to analysis.
head2right Victims' rights to notice: Grant victims the right to
receive information about the status and location of
their rape kit, and require that victims be informed
if their kit will not be tested and prior to
destruction.
head2right Funding for reform: Appropriate state funding to
address these issues
REPRESENTATIVE TARR stated that Alaska has accomplished almost
everything on the list of reforms and outlined Alaska's progress
as shown on slide 3, entitled "Where are we?" which read:
2014 Launch Rape Kit Reform Initiative
2015 Introduce HB 117, requiring a statewide
audit of all untested rape kits, legislative
hearings lead to request for audit of the
crime lab
2016 Continued working with crime lab staff and
public safety officials on reforms like
instituting a tracking system for all rape
kits
2017 Reforms pass requiring statewide audit of
untested kits (SB 55)
2018 Reforms pass establishing law enforcement
and anonymous reports for victim centered
approach, require law enforcement to have
training on sexual assault response, require
audit on untested kits to be annual (HB 31)
2019 Reforms pass requiring timely testing of
rape kits and victim notification (HB 49)
2020 House Bill 182 to shorten timeline for
testing 60 days or 6 months?
REPRESENTATIVE TARR referred to the document, entitled "Annual
Inventory of Untested SAKs," [included in the committee packet],
that presents the last three years of the statewide audit
numbers. She reviewed the kit tracking process. She added that
Alaska now requires a victim be notified by public safety
officials within two weeks of a rape kit being tested. Some
states offer an online tracking system in which a victim can
track the progress of the rape kit online. Alaska does not yet
have a full tracking system in that regard.
REPRESENTATIVE TARR addressed the issue of the timeline for
testing: When the reform work began, rape kit processing took a
little more than two years. With work on capacity, funding, and
training, the timeline was reduced to about one year. The
current version of SSHB 182 puts the timeline at 60 days as the
best practice for Alaska.
REPRESENTATIVE TARR continued with slide 4, entitled "Why Timing
of Testing is Important," which offered a case study and read:
Mosley is in custody now, but he was allowed to roam
Anchorage freely for more than eight months after
Anchorage police detectives learned his DNA implicated
him in three sexual assaults, and forwarded charges to
the Department of Law.
During that time, a fourth woman was raped.
REPRESENTATIVE TARR relayed the passage on slide 5, entitled
"Lives Changed Forever," which read:
"The effect on the victims cannot be overstated. Some
of these women waited years to find out who their
assailant was. [One woman] moved back to her hometown
out of fear and shame. One of these women, after years
of suffering from infertility despite her best efforts
with her partner, became pregnant as a result of the
rape. The cruel irony of carrying the child of her
rapist after years of trying to have a child with her
partner had a significant impact on her. For each of
these women, they re-live the trauma of the rape and
recently endured having to tell a grand jury what
happened to them."
REPRESENTATIVE TARR offered that the story she just related is
just one of many in Alaska. She emphasized the power of timing
in rape kit testing.
3:56:28 PM
REPRESENTATIVE TARR moved to slide 6, entitled "We MUST do
better." In addressing the fiscal note (FN) for SSHB 182 she
relayed the following: Alaska's Scientific Crime Detection
Laboratory ("crime lab") is a great facility, but it has never
been fully staffed for Alaska to have the in-state capacity to
do all the forensic processing necessary. The crime lab is
processing as much as possible for the whole state, although for
some circumstances, kits must be sent out of state. She stated,
"It's a big uplift to get these highly qualified technical staff
in place." She mentioned that after HB 49 was enacted [calling
for the testing of sexual assault examination kits, signed into
law 7/11/19], it took several months for a position to be
created, several more months for recruitment and hiring, and
another year and a half of training. She complimented the
efforts of the new director of the crime lab, David Kanaris, to
make the crime lab work better. She said that crime lab staff
are doing everything they can; it is a matter of the legislature
providing additional resources so that staff can scale up their
operations to meet any new requirements. She stated that the
goal is 60 days [for the testing of sexual assault examination
kits]; however, the next realistic step is probably 6 months due
to the challenge of filling positions and evolving the system.
Once the 6-month timeline is achieved, staff will be better able
to assess the additional resources necessary to meet 60 days.
She mentioned that the estimates in the FN reflect multiple
phases in the process. She continued by saying that there have
been discussions about strengthening the relationships with
local law enforcement as the capacity of the state crime lab
increases; "better response will just mean improved public
safety for the whole state."
REPRESENTATIVE TARR referred again to the document, entitled
"Annual Inventory of Untested SAKs," to point out the numbers
from the statewide inventory: in 2017, 3,484 sexual assault
kits (SAKs) were inventoried; in 2019, 1,696 SAKs were
inventoried.
4:01:30 PM
[A trailer for the documentary, I am Evidence, was played for
the committee, to demonstrate the consequences of delay in
processing sexual assault kits. The link to the trailer was
displayed on slide 7, which read:
https://www.youtube.com/watch?v=7_b1SbbSu6Y
REPRESENTATIVE TARR relayed that on an annual basis, Alaska
receives about 1,100 kits to be processed, which represents many
lives impacted. It is an issue that impacts everyone in the
state.
4:05:16 PM
DAVID KANARIS, Chief, Scientific Crime Detection Laboratory,
Department of Public Safety (DPS), relayed that he became chief
of the crime lab in July 2019 and is reviewing processes within
the lab. His goal is as follows: to reduce backlog; improve
turn-around times; address retention and recruitment, develop
partnerships with local stakeholders; develop multidisciplinary
teams with the Department of Law (DOL) and law enforcement; and
increase transparency within the system. He said, "I believe
Alaska's public has a right to know what's actually happening
within the crime lab. We don't want us to be a black box." He
stated that ultimately, he wants to make lab data available to
the public on the website.
MR. KANARIS offered that what Alaska has seen regarding sexual
assault mirrors what has occurred nationally; there has been a
large increase in the number of cases being submitted. With the
increased focus on publicity nationally, the sexual assault kit
initiative, and capital appropriations made available within the
state, there has been more focus on sexual assaults. Between
2011 and 2017, according to national crime statistics, there has
been an uptick in violent crime rates in the state as well.
MR. KANARIS continued by saying that when the lab was opened in
2012, about 300 deoxyribonucleic acid (DNA) cases were
submitted; in 2019, 651 cases were submitted; the current year
[2020] has seen a 33 percent increase, which puts the lab on
track for receiving 900 cases for the year. He stated that he
is looking for ways to handle the increase and shorten
processing times, including more personnel, process changes,
changes in the training program, and procedural changes.
REPRESENTATIVE THOMPSON asked for a progress report on the
status of the backlog of untested rape kits.
MR. KANARIS answered that there are three groups of kits. The
2016 federal funds through the sexual assault kit initiative
(SAKI) were used to test only DPS Alaska State Trooper (AST)
kits, which numbered slightly under 600. Testing of those kits
was completed and the funds exhausted. In 2017, the state made
a capital appropriation of $2.75 million to test the rest of the
kits, which numbered 2,500. Of those, 1,219 have been submitted
to a third-party testing company. The third group consists of
the ongoing cases that come in, which is estimated to be 900
this year. Of those, about 60-70 percent represent sexual
assaults, and they will be tested. The current timeline for
testing is about 9 months, which is a significant improvement
over the 2-year testing timeline of 2-3 years ago.
4:10:30 PM
REPRESENTATIVE VANCE thanked the sponsor for her efforts. She
suggested a change to the effective date - currently 7/1/2020 -
to a later date, considering the lab is a couple years from
eliminating the backlog and at the point where it can process
cases as they are received.
REPRESENTATIVE TARR explained that currently 6 months is a
realistic timeframe. It is her desire that the proposed
legislation be amended to require testing to be done within 6
months with the effective date of 7/1/2021. Additional funding
would be required in fiscal year 2021 (FY 21) to create the
positions.
REPRESENTATIVE VANCE asked whether there have been discussions
about expectations and timelines for hiring qualified people for
the crime lab, considering the difficulty recruiting other DPS
employees and the resulting slowdown of timelines on important
public safety matters. She maintained that such a delay would
affect the effective date in meeting the goals of the proposed
legislation.
REPRESENTATIVE TARR replied that initially, 1/1/2021 was
considered, but the date was changed to 7/1/2021 for the very
reason Representative Vance cited - to allow for an appropriate
amount of time to hire and train employees. She referred to Mr.
Kanaris's credentials and tours of the crime lab.
4:14:47 PM
REPRESENTATIVE VANCE asked whether there have been any
prosecutions as a result of kits being processed.
REPRESENTATIVE TARR responded that Mr. Kanaris has some
information on results, but kits are still being processed. She
stated that SAKI evaluated kit testing to establish best
practices, and Mr. Kanaris has stated that if there is not
usable evidence after testing, the lab can quickly notify the
victim.
REPRESENTATIVE THOMPSON also asked about the results of catching
up on kit testing. He asked for the number of cases affected
and the number of identifications.
REPRESENTATIVE TARR answered that because criminal prosecution
is involved, she does not receive that information. She added
that the information is privileged and for the benefit of law
enforcement personnel.
MR. KANARIS stated that of the 568 SAKI cases, 199 had DNA
profiles available. Of those, 57 were enter into the Combined
DNA Index System (CODIS) and got hits in the database; 61 were
"warm" [confirmatory] hits; and 66 were cold hits, that is,
providing completely new information to the law enforcement
agency. He mentioned that one of the cases is now active in
DOL. He said he has less information on the cases funded under
the capital appropriation. Of the 2,568 SAKs, a portion has
been tested, and as of November [2019] about 212 had a profile
that was available to be uploaded into CODIS. He offered that
about one-third of cases have a usable DNA profile. At that
point, it is up to law enforcement to investigate further. He
cited research which stated that the benefit to society of
testing one SAK is $130,000 - an 8,000 percent return on
investment.
4:18:31 PM
REPRESENTATIVE HOPKINS referred to the "Report from End the
Backlog on Alaska," page 2, which read: "No tracking system
exists." He asked for comment on the tracking system.
REPRESENTATIVE TARR responded that at the time House Bill 117
was introduced [during the Twenty-Ninth Alaska State
Legislature, (2015-2016)] there was no system of unique
identifiers for the kits; therefore, it was impossible to know
if the tested kits being sent back to the local police
departments had been used. Subsequently the crime lab changed
its operations internally so that each kit now has a unique
identifier and can be tracked. She added that the capital
budget a couple years ago included not only funds for testing
but funds for high capacity storage shelves; therefore, the
crime lab now can be the central repository for the kits. The
tracking system tracks the location of the kits. A tracking
system to the victim would allow the victim to log in and track
the progress of the kit. She referred to victims being
retraumatized when asked to retell their stories over and over.
Alaska has not fully established victim tracking; however, law
enforcement must notify the individual within two weeks that the
rape kit was tested. Under HB 49, the kit must be sent to the
crime lab within 30 days; it must be tested within one year; and
the victim must be notified within two weeks [of testing]. The
proposed legislation [SSHB 182], if amended, would require the
SAK be tested within 6 months. She emphasized that the
timelines add certainty to the process for the victims.
CO-CHAIR FIELDS referred to the letter [dated 1/31/20 and
included in the committee packet] from Providence Health &
Services Alaska offering support for the proposed legislation.
4:22:23 PM
REPRESENTATIVE THOMPSON referred to the $2.75 million that the
legislature appropriated in 2018 to process the rape kits. He
asked whether all the funds have been expended.
REPRESENTATIVE TARR answered that during the reform process an
industry has developed around rape kit testing because so many
kits were untested and large sums of federal money became
available. She said that of the 2,500 kits to be tested, about
1,290 have been submitted for testing with results back on
1,000. She stated that until all kits have been submitted and
tested, the state won't know the remaining balance in the funds.
The high capacity shelves have been purchased.
MR. KANARIS responded that none of the funding was to be used
for in-state personnel; it was determined that using the funds
to hire and train personnel would result in too many staff for
the ongoing amount of work. The decision was made to outsource
the kits to a third party on the East Coast. The [third party]
agency is halfway through testing the kits, and kits coming into
the lab are being forwarded on to the agency as well. Crime lab
staff is tasked with uploading the profiles into COTIS after
testing is complete.
REPRESENTATIVE THOMPSON asked whether current kits from AST are
being sent to the Lower 48 to be tested, or whether crime lab
personnel are performing the tests on the current kits.
MR. KANARIS answered that cases inventoried under the capital
appropriation - the ones that are stored at local police
departments and have never been submitted to the crime lab - are
being outsourced. Any current kits are being tested within the
state.
REPRESENTATIVE VANCE referred to the FN, [included in the
committee packet], which read: "private forensic science
service provider could meet a 60-day testing window." She asked
for the turnaround time for outsourced kits.
MR. KANARIS answered that it takes 200 days on average for
testing to be completed at the private company.
CO-CHAIR FIELDS asked for confirmation that in summary, Alaska
is expanding its internal capacity while outsourcing some of the
backlog.
MR. KANARIS answered, "Yes, that's absolutely correct."
CO-CHAIR FIELDS stated SSHB 182 would be held over.