Legislature(2023 - 2024)BARNES 124
02/27/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB234 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 234 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 234-MISSING/MURDERED INDIGENOUS PEOPLE;REPORT
8:04:26 AM
CHAIR MCCORMICK announced that the first order of business would
be HOUSE BILL NO. 234, "An Act relating to police officer
training; establishing the Missing and Murdered Indigenous
Persons Review Commission; relating to missing and murdered
indigenous persons; relating to the duties of the Department of
Public Safety; and providing for an effective date."
8:05:11 AM
The committee took a brief at-ease.
[Chair McCormick passed the gavel to Vice Chair McCabe.]
8:06:00 AM
CHAIR MCCORMICK, prime sponsor, presented HB 234. He pointed
out that recently, the high rates of missing and murdered
indigenous people (MMIP) have made headlines; however, the
phenomenon is known in rural and indigenous communities across
the state and country. He emphasized that MMIP affects every
corner of the state rural, urban, and in between in addition
to all of North America. He said the bill would equip the
state, law enforcement, families, and Tribes with the tools to
protect individuals and put cold cases to rest.
8:09:54 AM
CALLAN CHYTHLOOK-SIFSOF, Staff, Representative CJ McCormick,
Alaska State Legislature, on behalf of Representative McCormick,
prime sponsor, presented a PowerPoint, titled "House Bill 234"
[hard copy included in the committee packet]. She began on
slide 2, "HB 234," which read as follows [original punctuation
provided]:
· Mandatory cultural training under Police Standards
Council
· Two MMIP full-time Investigator positions within DPS
· Establishes Missing & Murdered Indigenous Persons
Review Commission in state statute
· Requires DPS submit an annual needs-assessment
report to Legislature
8:11:16 AM
MS. CHYTHLOOK-SIFSOF continued to slide 3, "MMIP National &
State Crisis," explaining that MMIP gained nationwide attention
due to the high statistics. She reiterated that the issue is
both a rural and urban one.
8:12:42 AM
MS. CHYTHLOOK-SIFSOF turned to slide 4, "MMIP Alaska," which
read as follows [original punctuation provided]:
· High rates = imperative action
· Jurisdictional challenges
· Indigenous communities
· Lack of law enforcement access
· Historic investigative biases
· Limited road system
MS. CHYTHLOOK-SIFSOF added that in Alaska, the MMIP crisis is
exponentially compounded by the state's remoteness and
geography, in addition to the factors listed on the slide.
8:14:55 AM
MS. CHYTHLOOK-SIFSOF proceeded to slide 5, "MMIP Reports," which
read as follows [original punctuation provided]:
• 2018 Urban Indian Health Institute MMIWG Report
• 2020 UAA Justice Information Center Homicide In
Alaska Report
• 2021 Data For Indigenous Justice Baseline Report
• 2023 Alaska DPS MMIP Report
MS. CHYTHLOOK-SIFSOF reported that Anchorage ranked third
highest for MMIP cases by city; Alaska ranked fourth highest by
state.
8:16:55 AM
MS. CHYTHLOOK-SIFSOF moved to slides 6 and 7, "2018 UIHI
Report," which read as follows [original punctuation provided]:
th
· Alaska ranks 4 highest MMIP cases by state
rd
· Anchorage ranks 3 highest MMIP cases by city
· Anchorage top five cities cases not in law
enforcement data
· Alaska singled out by geography
· 153 US cases not in law enforcement records
8:18:02 AM
MS. CHYTHLOOK-SIFSOF advanced to slide 8, University of Alaska
2020 Homicide in AK Report," which read as follows [original
punctuation provided]:
55.6 of Alaska's sexual assault victims are AN/AI
people
AN/AI people twice as likely to become victims of
homicide
Alaska Native women reported domestic violence rates
are 10 times higher than rest of the United States.
AN/AI females were killed with a weapon more often
than any other victim race-sex group
AN/AI females make up 10.2% of AK homicide victims,
but only 8.1% of total population
8:19:10 AM
MS. CHYTHLOOK-SIFSOF continued to slide 9, "2021 DIJ Baseline
Report," which read as follows [original punctuation provided]:
• 229 MMIWG cases
• Jurisdictional boundaries
• Data inconsistency, collection and reporting
• Four-box ethnicity catagories [sic]
• Home-community
• Cause of death
• Case status
• Stereotyping and systemic biases
• Recommendations
MS. CHYTHLOOK-SIFSOF noted that the Data for Indigenous Justice
(DIJ) investigates data inconsistencies and continues to refine
data sets to make them as robust as possible.
8:21:08 AM
MS. CHYTHLOOK-SIFSOF proceeded to slides 10 and 11, which
featured a report from Congressional Research Services. The
report was provided to congress in 2023. She highlighted the
Alaska Department of Public Safety (DPS) report on MMIP on slide
12.
8:22:36 AM
MS. CHYTHLOOK-SIFSOF summarized slides 13 through 30, which
displayed a list of indigenous people that are currently missing
in Alaska. She noted that the circumstance of disappearance is
important. She shared a quote on slide 31 from the Association
of Village Council Presidents, which read as follows [original
punctuation provided]:
Every living person in the world experiences hardship
or traumatic events. Alaska Native and American Indian
people have lived through several traumas including
new diseases, attempts to terminate tribes, and the
forced assimilation of boarding schools and religion
brought by the U.S. Government. The way of life was
very different just 100 years ago.
8:25:03 AM
MS. CHYTHLOOK-SIFSOF advanced to slide 32, "Alaska MMIP," which
read as follows [original punctuation provided]:
Challenges
• Remote indigenous communities
• Historic & modern indigenous biases
• High statistics
• Data & reporting flaws
• Heavy cold & on-going caseloads
Lack of law enforcement
• Continuing rates
HB234
• Mandatory cultural training under Police Standards
Council
• Two MMIP full-time Investigator positions within DPS
• Establishes Missing & Murdered Indigenous Persons
Review Commission into state statute
• Requires DPS submit an annual needs assessment
report to Legislature
8:28:52 AM
MS. CHYTHLOOK-SIFSOF concluded on slide 33, "HB 234," which read
as follows [original punctuation provided]:
The rates of MMIP cases in Alaska illustrate the need
for a proactive examination and shift to public safety
practices to keep Alaskans safe. Governor Dunleavy and
DPS have identified this as a priority. I ask that you
support HB234 alongside tribes, communities, families
and constituents across Alaska.
8:29:44 AM
MS. CHYTHLOOK-SIFSOF shared the sectional analysis for HB 234
[included in the committee packet], which read as follows
[original punctuation provided]:
Section 1: Amends AS 18.65.240(a) by adding a
mandatory cultural training to the requirement
standards as an appointed police officer and
stipulates this training be administered by an
indigenous coordinator or entity.
Section 2: Amends AS 44.41 by adding Sec. 44.41.023,
directing the Department of Public Safety to employee
at least two individuals to investigate cases
involving missing and murdered indigenous peoples and
act as liaisons between law enforcement agencies,
communities in the state, and federally recognized
tribes.
Section 3: Amends the uncodified law of the State of
Alaska by adding the Missing and Murdered Indigenous
Persons Review Commission
Section 4: Directs the Department of Public Safety to
conduct a needs assessment to determine how to
increase protective and investigative resources for
identifying and reporting cases of missing and
murdered indigenous persons within the state criminal
justice system. No later than January 1, 2025, the
department must submit a written report to the Senate
Secretary and Chief Clerk of the House of
Representatives and notify the legislature that the
report is ready.
Section 5: Stipulates that police officers with a
certificate issued under AS 18.65.240 on or before the
effective date of this Act, be granted two years from
the effective date of this Act to fulfill the
requirements.
Section 6: Sets a sunset date for Section 4 of January
1, 2026
Section 7: Sets a sunset date for Section 3 of January
1, 2027
Section 8: Sets an effective date of January 1, 2025
8:33:27 AM
VICE CHAIR MCCABE questioned the inconsistent news coverage of
MMIP. He suggested that a public reporting component should be
included in the bill.
MS. CHYTHLOOK-SIFSOF deferred the question to Ms. Kloster.
8:36:10 AM
KENDRA KLOSTER, Co-Director for Law and policy, Alaska Native
Resource Center (ANRC), stated that ANRC was contemplating how
to continuously update data, get the information out, and ensure
better media coverage of MMIP. She referenced HB 235, which
would require law enforcement to enter information into the
National Missing and Unidentified Persons System (NamUs).
8:39:18 AM
CHARLENE AQPIK APOK, PhD, Executive Director and Co-Founder,
Data for Indigenous Justice (DIJ), agreed that working with
media was a top strategy to spread the message.
8:40:21 AM
CHAIR MCCORMICK added that unfortunately, the onus to contact
news organizations is often placed on victims' families.
VICE CHAIR MCCABE sought further questions from committee
members.
8:41:18 AM
REPRESENTATIVE RUFFRIDGE, referencing list of missing persons in
the PowerPoint, noted the column, titled "Circumstance," in
which many of the entries were labeled "environment." He
questioned the accuracy of that label. In addition, he cited
the quote on slide 31 and asked how things have changed over the
past 100 years.
8:43:15 AM
MS. CHYTHLOOK-SIFSOF shared a personal anecdote about her
experience growing up in Anchorage and spoke to the unique
challenge of growing up as an indigenous person in Alaska. She
said HB 234 is a first start towards reconciling these historic
challenges.
8:45:32 AM
REPRESENTATIVE RUFFRIDGE questioned the labeling of [missing
persons] as an environmental cause.
8:47:31 AM
JAMES COCKRELL, Commissioner, Department of Public Safety (DPS),
explained that in Alaska, many incidents, such as plane crashes,
boating accidents, and snow machining mishaps, are considered
"environmental."
REPRESENTATIVE RUFFRIDGE asked how accurate the label of
"environmental" is in the data set.
COMMISSIONER COCKRELL said he felt comfortable with all the
cases identified as "environmental" by DPS.
[Vice Chair McCabe returned the gavel to Chair McCormick.]
8:51:28 AM
CHAIR MCCABE asked whether the report could be broken down into
additional categories.
COMMISSIONER COCKRELL said MMIP is an issue that he feels
strongly about. He recounted his attempts at consolidating the
effort made by DPS and the addition of four MMIP investigative
positions.
8:54:53 AM
REPRESENTATIVE MEARS urged [the state] to work upstream to
reduce domestic violence and violence against women, reduce
trauma, and reduce ACEs, which would keep the list [of missing
persons] from getting longer.
CHAIR MCCORMICK shared that things are often brushed off as
"environmental" or happenstance. There's a feeling of being
swept under the rug for the sake of expediency, he said. He
pointed out that the U.S. contributed to the MMIP issue by
deliberate sterilization and displacement. He emphasized that
there is more work to do.
MS. CHYTHLOOK-SIFSOF, in response to Representative Ruffridge's
previous question, acknowledged that the data points could be
refined and more targeted going forward. She said [the bill}
would equip the state of Alaska with a robust set of tools to
keep data sets accurate.
8:58:56 AM
REPRESENTATIVE HIMSCHOOT asked about the cultural training for
police officers and who creates it.
MS. CHYTHLOOK-SIFSOF deferred to Commissioner Cockrell.
COMMISSIONER COCKRELL said essentially, the training would be
added to the in-service training provided to troopers.
9:00:47 AM
REPRESENTATIVE MCCABE asked how many of the missing persons
cases on the list had been solved and whether a column could be
added to reflect that.
COMMISSIONER MCCORMICK appreciated the suggestion.
9:02:13 AM
CHAIR MCCORMICK invited Commissioner Cockrell to address
funding.
COMMISSIONER COCKRELL relayed that this year, the department
submitted a budget request to fund the four MMIP investigators.
He said he was confident that some of the cold cases would be
solved, and that the families would be given closure.
9:06:31 AM
The committee took a brief at-ease.
9:07:06 AM
CHAIR MCCORMICK opened public testimony on HB 234.
9:07:41 AM
CATHERINE EDWARDS, 3rd Vice President, Executive Council,
Tlingit & Haida, testified in support of HB 234. She said it is
passed time to put policy and laws in place to protect women and
provide law enforcement with the information and resources
needed to actively identify and investigate missing persons in
Alaska.
9:09:34 AM
MARY DAVID, Executive Vice President, Alaska Regional Coalition
Kawerak, testified in support of HB 234. She said the bill
contains important steps to address MMIP in Alaska and
emphasized the importance of communication and building
relationships to create a better public safety environment. She
opined that the creation of a permanent MMIP investigations unit
under DPS is important for consistency. HB 234 is an important
first step to address this crisis, she concluded.
9:12:38 AM
SHYLENA LIE, Manager, Maniilaq Family Crisis Center, testified
in support of HB 234. She shared her belief that the mandatory
cultural training being supervised by an indigenous entity or
coordinator is a great addition. She expressed her hope that
these changes would start the healing for families that have
been waiting for a long time, and possibly strengthen
communities' relationship with law enforcement.
9:14:39 AM
DELIAH JOHNSTON, representing self, testified in support of HB
234. She said that DPS conducting a needs assessment to
increase the approach to protecting and investigating MMIP cases
within the criminal justice system is long overdue. In a state
with 229 Tribes a state that didn't recognize tribes until
2022 she opined that prioritizing the raw material extraction
from subsistence resources and lands over the safety of Native
people is inexcusable. She voiced her opinion that for any
Alaskan representative to not take the time to understand the
true crisis of the underserved and underrepresented original
people of the state is unjustifiable. She added that allowing
outsiders to enter villages and communities without an increased
protection plan for MMIP is backwards and encouraged violence,
homicide, trauma, and sexual assault. She said more needs to be
done, adding that the bill needs to come before oil production,
mining, etcetera. She urged legislators to have a voice in
standing with Alaska's indigenous people to send a clear message
that [the crisis] must end now.
9:17:49 AM
ANTONIA COMMACK, representing self, testified in support of HB
234. She shared her experience on a podcast and conveyed that
victims' families are not feeling seen or heard by law
enforcement. She emphasized the importance of the mandatory
cultural training under the Alaska Police Standards Council to
train future officers to be sensitive to the issues faced by
Alaska Natives, such as systemic racism. She shared her
understanding that the bill only provides for two MMIP
investigators and said there should be more. In order for the
MMIP issue to move forward, she shared her belief that law
enforcement needs to take responsibility for its negligence and
be held accountable for adding to the crisis.
9:22:09 AM
CHAIR MCCORMICK said public testimony on HB 234 would remain
open and announced that the bill would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 234 Sectional Analysis 2.20.24.pdf |
HCRA 2/27/2024 8:00:00 AM |
HB 234 |
| HB 234 Sponsor Statement 2.20.24.pdf |
HCRA 2/27/2024 8:00:00 AM |
HB 234 |
| HB 234 Support Letters 02.26.24.pdf |
HCRA 2/27/2024 8:00:00 AM |
HB 234 |
| HB 234 Additional Documents - Reports.pdf |
HCRA 2/27/2024 8:00:00 AM |
HB 234 |
| HB 234 Version B 1.8.24.pdf |
HCRA 2/27/2024 8:00:00 AM |
HB 234 |