01/30/2024 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB264 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 275 | TELECONFERENCED | |
| *+ | HB 264 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
January 30, 2024
3:00 p.m.
MEMBERS PRESENT
Representative Mike Prax, Chair
Representative Justin Ruffridge, Vice Chair
Representative CJ McCormick
Representative Dan Saddler
Representative Zack Fields
Representative Genevieve Mina
MEMBERS ABSENT
Representative Jesse Sumner
COMMITTEE CALENDAR
HOUSE BILL NO. 275
"An Act relating to sexual assault examination kits;
establishing the sexual assault examination kit tracking system;
and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 264
"An Act requiring the Department of Family and Community
Services to adopt a uniform screening tool; requiring shelters
for runaway minors to screen minors for victimization relating
to sexual abuse, sex trafficking, and commercial sexual
exploitation; requiring the Department of Family and Community
Services to screen children in need of aid for victimization
relating to sexual abuse, sex trafficking, and commercial sexual
exploitation; and relating to the duty of the Department of
Family and Community Services to investigate the experiences of
missing children in need of aid who have been located."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 275
SHORT TITLE: SEXUAL ASSAULT EXAMINATION KITS/TRACKING
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/18/24 (H) READ THE FIRST TIME - REFERRALS
01/18/24 (H) HSS, FIN
01/30/24 (H) HSS AT 3:00 PM DAVIS 106
BILL: HB 264
SHORT TITLE: CHILD TRAFFICKING SCREENING
SPONSOR(s): VANCE
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) HSS, FIN
01/30/24 (H) HSS AT 3:00 PM DAVIS 106
WITNESS REGISTER
DAVID KANARIS, Chief Forensic Lab Administrator
Alaska Scientific Crime Detection Laboratory
Alaska Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Provided background and explanation of HB
275.
JAMES COCKRELL, Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 275 and the
role of the Department of Public Safety
REPRESENTATIVE SARAH VANCE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 264.
SIDNEY MCCOY, Director of Advocacy
Shared Hope International
Vancouver, Washington
POSITION STATEMENT: Offered invited testimony during the
hearing on HB 264.
ROBERT BALLINGER, Staff
Representative Sarah Vance
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave the sectional analysis for HB 264 on
behalf of Representative Vance, prime sponsor.
KIM GUAY, Director
Central Office
Office of Childrens Services
Department of Family and Community Services
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
264.
ACTION NARRATIVE
3:00:53 PM
CHAIR PRAX called the House Health and Social Services Standing
Committee meeting to order at 3:01 [3:00] p.m. Representatives
Fields, Ruffridge, Mina, and Prax were present at the call to
order. Representatives Saddler and McCormick arrived as the
meeting was in progress.
HB 275-SEXUAL ASSAULT EXAMINATION KITS/TRACKING
3:02:06 PM
CHAIR PRAX announced that the first order of business would be
HOUSE BILL NO. 275, "An Act relating to sexual assault
examination kits; establishing the sexual assault examination
kit tracking system; and providing for an effective date."
3:03:12 PM
DAVID KANARIS, Chief Forensic Lab Administrator, Alaska
Scientific Crime Detection Laboratory, Alaska Department of
Public Safety, introduced HB 275, explaining that there are four
components to the bill. He presented the first slide in a
PowerPoint presentation [hard copy included in the committee
packet], referring to the points on the various slides while
discussing the components of the bill. First, HB 275 requires
the Department of Public Safety to develop and implement a
sexual assault kit tracking system. This system has been
developed using federal grant funds, and it was implemented
statewide during the summer of 2023. The second part of the
bill mandates that all stakeholders use the system. Medical
providers, law enforcement, health care facilities, and the
crime lab participate in the system. The third part of the bill
mandates medical providers to notify law enforcement within
seven days of collecting the kit. Current statutes mandate law
enforcement to submit the kits within 30 days and the crime lab
to test them within six months.
3:05:28 PM
CHAIR PRAX questioned whether the requirements were federal
requirements.
MR. KANARIS explained that they are federal guidelines and
recommendations, and the crime lab is basing a lot of its work
on the federal best practice standard by the National Institute
of Justice. The crime lab developed the seven-day guideline in
concert with the Sexual Assault Nurse Examiner (SANE) and Sexual
Assault Response Team (SART) training programs. During summer
2023, both SART and SANE representatives traveled the state
training stakeholders in how to process the kits within seven
days.
3:06:33 PM
REPRESENTATIVE FIELDS asked what medical providers would be
involved and under what circumstances would they first interact
with survivors of sexual assault.
MR. KANARIS explained that he did not have a total list, but
there are about 35 providers that have staff trained in the use
of the sexual assault examination kits. The first interaction
is when the victim reports an assault and they go to a medical
facility such as a hospital or a smaller health care facility
where they are taken through an examination. The kit is taken
by the medical provider and turned over to law enforcement for
submission to the crime lab.
3:07:45 PM
MR. KANARIS pointed out that the last part of the bill repeals
the duplicative work of manually tracking and inventorying
untested examination kits. This function will be replaced
through the sexual assault examination kit tracking system.
3:08:42 PM
REPRESENTATIVE RUFFRIDGE asked for clarity regarding the current
state of the examination kit process and why a medical facility
might not be interested in completing this work in a timely
fashion.
MR. KANARIS replied that someone from the health care system
would best be able to answer the question. He explained that
there is a lot the medical providers are asked to do, using a
hypothetical situation as an example.
REPRESENTATIVE RUFFRIDGE questioned whether there is a plan to
bring on additional resources and people especially considering
that 35 places seems like a small number considering the breadth
of the state.
MR. KANARIS responded that he could only speak on behalf of the
Department of Public Safety. The fiscal note does not include
additional funding for medical facilities or nurses.
3:11:51 PM
REPRESENTATIVE MINA asked how often a barrier between law
enforcement and providers or stakeholders becomes an issue in
terms of having the kit tested.
MR. KANARIS explained that this type of data will be available
in the future. Currently the department has seen examples of
people falling outside the seven days, but the majority of
medical providers have been able to meet the seven-day window.
3:12:47 PM
REPRESENTATIVE FIELDS asked what the delay would be in getting
the kit from the hospital within the seven-day window.
MR. KANARIS explained that he was not the best person to answer
the question, but it was his understanding that this is an
additional administrative task for the health care providers,
and they might not have the time or capacity to do this in that
moment.
3:13:40 PM
MR. KANARIS referred to slides 3 and 4 as he continued to
describe the reasoning behind HB 275. He addressed the
questions regarding how the bill can help victims and why the
bill is needed. He explained that the tracking system was
developed through the perspective of the victim survivors, that
they needed to be listened to, and that they needed to be able
to engage with the criminal justice system at their own pace and
doing it in a way that doesn't cause additional trauma for the
survivor. One important aspect of the tracking system is that
the victim can log in to a portal and track their own kit at
their own pace and see exactly where the kit is within the
system. Another part of the current statute would require law
enforcement to contact the victim within 14 days of the kit
being tested, potentially adding to the trauma of the victim.
Another benefit is that it places a timeline for the
transmission and testing of sexual assault examination kits at
all stages of the process.
3:16:10 PM
REPRESENTATIVE SADDLER referred to page 2, lines 19-22 of HB 275
and enquired whether the forensic lab is required to report the
DNA results to anyone.
MR. KANARIS explained that the results of the test always are
reported to the submitting law enforcement agency.
3:17:52 PM
REPRESENTATIVE RUFFRIDGE opined that a six-month turnaround time
for the lab seems like a significant window for test results.
MR. KANARIS described the previous system when the requirement
for test results was a year. Since that time the legislature
has provided funding to modernize the forensic lab, so the six-
month window is reasonable. However, currently most test
results are complete within ninety days from the time of the
first exam. He expressed confidence that the lab will be able
to attain a sixty-day window.
REPRESENTATIVE RUFFRIDGE questioned whether a shorter processing
time would be an advantage for law enforcement in terms of
conviction or incarceration.
3:21:14 PM
JAMES COCKRELL, Commissioner, Department of Public Safety,
answered the question posed by Representative Ruffridge,
explaining that when the kits are processed more quickly, law
enforcement is better able to make the case, make an arrest, and
get it to the Office of the District Attorney. He pointed out
that over the last several years Alaska has become much better
at how sexual assault kits are handled in terms of turnaround
and taking care of the backlog.
3:22:56 PM
REPRESENTATIVE RUFFRIDGE asked whether there would be a penalty
if the health care provider does not process within seven days.
MR. KANARIS explained that it would be flagged at the lab during
the sexual assault kit inventory and would be reported to the
legislature, but there is not a penalty.
3:23:44 PM
REPRESENTATIVE FIELDS inquired about the work flow and
investigation process. He also asked about the vacancy rate in
law enforcement.
COMMISSIONER COCKRELL explained that the results from the kit
would become part of the investigation depending on whether a
suspect has been apprehended or where the arrest process is.
Sometimes an arrest can be made right away, and sometimes it
might be months later. He emphasized the heinous nature of
sexual assault and how important the kits might be in
prosecuting the crime. In answer to Representative Field's
question about vacancy rates, he explained that currently there
are 62 vacancies throughout the state out of 412.
3:26:10 PM
REPRESENTATIVE SADDLER posed a question about chain of custody
and where the kits were stored at different points. He also
asked whether they needed to be stored in a freezer.
MR. KANARIS described the steps of the examination kits and
where they would be stored at different points. There is a
dedicated room at the crime lab where they are stored in
perpetuity. They do not need to be stored in a freezer. In
response to a follow-up question, he reiterated that after law
enforcement receives the kits, they have 30 days to get them to
the crime lab. The law enforcement agencies have secure
evidence lockers.
3:28:53 PM
REPRESENTATIVE SADDLER asked whether there is any concern about
the health care provider maintaining proper chain of custody
protocols.
COMMISSIONER COCKRELL explained that the sexual assault kits are
sealed after evidence is collected, so it would be evident if
they had been tampered with. He explained that the department
has been using the kits for a long time and this has not been an
issue.
3:29:42 PM
REPRESENTATIVE MINA inquired about potential delays in law
enforcement meeting the deadlines with the kits and whether
there was enforcement if it did not meet deadlines.
MR. KANARIS reiterated that delays would be noted when the kit
was inventoried at the lab and it would be reported to the
legislature.
REPRESENTATIVE MINA asked about the frequency of those reports
to the legislature.
MR. KANARIS replied that it was only once per year, but the data
is available and could be reported more frequently.
3:31:30 PM
REPRESENTATIVE MCCORMICK expressed appreciation that both
presenters were working on this issue. He discussed how the
length of time it has previously taken to process the kits and
the prior lack of communication to the victims has had the
effect of further victimization. He said that speeding up the
process is imperative and that it will be transformative for a
lot of victims and will change lives. He reiterated a question
posed by Representatives Mina and Ruffridge regarding whether
there were penalties for noncompliance, and what could be
implemented to "really put the pressure on."
3:34:06 PM
COMMISSIONER COCKRELL responded that the statute would be law,
and if entities were out of compliance, they would be reminded
that they were breaking the law. However, he reiterated that
there would not be fines or penalties.
REPRESENTATIVE MCCORMICK clarified that the health care workers
do a tremendous job, and there is a lot of difficulty dealing
with these issues.
3:35:30 PM
REPRESENTATIVE RUFFRIDGE questioned the 30-day timeline for law
enforcement and wondered whether that time could be shortened.
COMMISSIONER COCKRELL said he believed the 30-day timeline was
chosen because the smaller law enforcement agencies in remote
areas would need more time to get the kit to the crime lab. It
could perhaps be a shorter timeline.
REPRESENTATIVE RUFFRIDGE asked what the standard turnaround time
would be for separate trooper divisions around the state to
submit a kit to the crime lab after receiving it from the health
care provider.
3:37:18 PM
MR. KANARIS answered that the average turnaround time for all
law enforcement agencies to submit the kits to the lab is about
seven days.
CHAIR PRAX posed several questions about medical staff trainings
including whether medical providers are trained and certified,
whether they are trained regarding chain of custody, and who
pays for the training.
MR. KANARIS responded that there was extensive training on the
sexual assault kit software starting last summer with about 140
trainings attended by approximately 700 individuals including
crime lab staff and nurses. The trainings were paid for by a
federal grant, but the grant expires September 2024, after which
the trainings will need to be funded by state. He said he would
provide the committee with a syllabus of that training.
3:39:58 PM
REPRESENTATIVE SADDLER referred to Section 5, on page 3 of the
bill, which says the department shall develop and operate a
sexual assault kit tracking system. However, on the second page
of the fiscal note it says DPS has already implemented the
tracking system. He followed up with several questions asking
for clarification.
MR. KANARIS responded to Representative Saddler's questions by
explaining that the federal grant allowed the department to set
up the system, provide training, and implement the program. The
ongoing software maintenance fees are reflected in the fiscal
note. He noted that they could work on the language in the
bill.
3:41:55 PM
COMMISSIONER COCKRELL added that putting the tracking kit system
into statute would ensure that a future administration could not
decide to do away with the system. He explained that the
department has made great strides in how it handles sexual
assault in the state. There are about 600 cases a year with
Representative McCormick's district being one of the highest in
the state for these crimes. The department wants to keep the
momentum of helping survivors going and hold perpetrators
accountable so they can go to jail for a long time.
3:43:58 PM
CHAIR PRAX announced that HB 275 was held over.
HB 264-CHILD TRAFFICKING SCREENING
[Contains discussion of HB 68.]
3:44:30 PM
CHAIR PRAX announced that the final order of business would be
HOUSE BILL NO. 264, "An Act requiring the Department of Family
and Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors for
victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; requiring the Department of
Family and Community Services to screen children in need of aid
for victimization relating to sexual abuse, sex trafficking, and
commercial sexual exploitation; and relating to the duty of the
Department of Family and Community Services to investigate the
experiences of missing children in need of aid who have been
located."
3:45:26 PM
REPRESENTATIVE SARAH VANCE, Alaska State Legislature, as prime
sponsor, presented HB 264. She explained her focus on
combatting sex and human trafficking in the state of Alaska,
citing statistics and a study by Loyola University. The study
revealed an "alarming rate" of children being trafficked in
Alaska, noting that within forty-eight hours of a child running
away, they will be solicited for sex. There has been
insignificant attention paid to this matter, and the screening
tool required in HB 264 is one method for addressing sex
trafficking of children. She referred to the Loyola study and
noted that Covenant House developed a screening tool which
identified twenty-five trafficking victims who otherwise would
have gone unnoticed. The uniform screening tool called for
under HB 264 would take a significant stride forward in
addressing child sex trafficking. She pointed out that most
people are unaware of child sex trafficking in Alaska simply
because the right questions are not being asked. A uniform
screening tool would mean that children who are in shelters or
are already in state care can be asked questions which will
better serve them.
3:53:53 PM
CHAIR PRAX opened invited testimony on HB 264.
SIDNEY MCCOY, Director of Advocacy, Shared Hope International,
offered invited testimony on HB 264. She described the work of
the non-profit she represented, Shared Hope International. She
explained that children do not identify themselves as having
been sexually trafficked, so they are frequently misidentified.
Many of these children have, at some point, been in state care,
and HB 264 would help identify sex trafficking victims who are
coming through state services. Proper identification would
enable agencies to develop appropriate responses. Shared Hope
International fully supports HB 264.
3:56:43 PM
ROBERT BALLINGER, Staff, Representative Sarah Vance, Alaska
State Legislature, on behalf of Representative Vance, prime
sponsor of HB 264, gave the sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Sectional Analysis
HB 264 CHILD TRAFFICKING SCREENING
"An Act requiring the Department of Family 1 and
Community Services to adopt a uniform screening tool;
requiring shelters for runaway minors to screen minors
for victimization relating to sexual abuse, sex
trafficking, and commercial sexual exploitation?"
Section 1: Amends AS 47.10.394(c) to include Paragraph
(2) to define "commercial sexual exploitation."
Section 2: Amends AS 47.10.394 to include Paragraph
(d) to require a shelter for runaway minors shall use
the uniform screening tool adopted by DFCS.
Section 3: Amends AS 47.14.100(t) to include Paragraph
(4) to define "commercial sexual exploitation."
Section 4: Amends AS 47.14.100 to include new
subsection (u) to require DFCS to adopt a uniform
screening tool to screen children to identify whether
a child is a victim, or at risk of becoming a victim,
of sexual abuse, sex trafficking, or commercial sexual
exploitation.
And, subsection (v) requires DFCS to look into the
situation when a child returns from being missing,
abducted, or ran away, to determine what happened
while absent, to determine what led to the child's
absence; and to screen the child to determine whether
the child is a victim of sexual abuse, sex
trafficking, or commercial sexual exploitation.
3:58:48 PM
REPRESENTATIVE FIELDS inquired about the role of Shared Hope
International in Alaska.
MS. MCCOY responded that Shared Hope International primarily
provides technical assistance to lawmakers and advocates in the
state who are creating policy and legislation related to child
abuse and sex trafficking.
3:59:43 PM
REPRESENTATIVE FIELDS asked Representative Vance where the
runaway shelters are in Alaska. He noted that HUD [the United
States Department of Housing and Urban Development] lists a
number of emergency shelters and asked what differentiates an
emergency shelter from a runaway shelter.
REPRESENTATIVE VANCE answered that there is one runaway shelter
in Anchorage and one in Fairbanks and explained that the runaway
shelters are for youth only.
4:00:44 PM
REPRESENTATIVE MINA inquired whether the bill would require only
runaway shelters to use the screening tools or whether other
entities who interact with youth at risk also would be required
to use the screening tool.
REPRESENTATIVE VANCE responded that the purpose of HB 264 is
two-fold. It would require the screening tool for runaway
shelters, and it would also require the Department of Family and
Community Services (DFYS) to use this screening tool. The goal
is to be in partnership with work taking place in the Department
of Public Safety and the Governor's Council on Human and Sex
Trafficking to collaborate and develop a best practice screening
tool that can be shared with non-profit organizations across the
state. Some of the non-profits are federally funded, so they
may be set up differently, but those entities may adopt the
screening tool once it is available. Currently there is no
state funding directed at human sex trafficking although there
is some limited federal assistance. Alaska is at the ground in
level in addressing this issue.
REPRESENTATIVE MINA asked whether the bill has any terms of
enforcement for shelters that do not comply.
4:04:28 PM
MR. BALLINGER answered that it would be a licensing issue, and
if they don't comply, they violate their license with the state.
4:04:56 PM
REPRESENTATIVE SADDLER asked whether there was a national
uniform screening tool that could be used in Alaska.
REPRESENTATIVE VANCE explained that in 2014 a federal law was
passed that required states to implement screening. A recent
study showed that only about 15 percent of the states had
implemented screening tools to identify sexual exploitation.
There is no federal screening tool although there are best
practices that many have adopted as recommendations. Also,
different areas would need different tools. For example, a
screening tool used in Bethel would be different from one used
in Texas. Different states use a variety of questionnaires.
This bill asks the Department of Family and Community Services
to collaborate with the Governor's Council on Human Sex
Trafficking and work with organizations that are taking in
children, potential victims, and survivors to find out what is
going to be the best practice for Alaska and develop that as a
standard across the state. This would provide data to compare
with other states, but primarily the screening tool needs to be
crafted so it fits situations in Alaska and shows where the red
flags are.
4:09:09 PM
REPRESENTATIVE RUFFRIDGE stated that HB 264 is heading in the
right direction. He pointed out that results from the screening
tool only work if there is follow-up. He cited a statistic from
the Office of Childrens Services (OCS) showing that out of a
group of sixteen or seventeen children screened, only one case
was investigated.
4:10:43 PM
REPRESENTATIVE VANCE explained that the bill was only part of a
larger problem and that she has introduced several bills which
together address the larger problem. Work needs to be done to
educate first responders and others who come into contact with
children and vulnerable people. This first step will help
identify children who need assistance and help them find
services. She is also working toward getting federal grants.
Data is also important because it is hard for the legislature to
appropriate funding if there is no data.
REPRESENTATIVE RUFFRIDGE agreed with Representative Vance that
there is a need to address the issue in Alaska. He observed
there seems to be a time component to crime, and he opined that
17 reports leading to one investigation is a poor ratio. He
clarified that he is in support of a screening tool but is not
sure HB 264 would be effective in leading to investigations. He
asked, "Is that a possibility to have in here?"
REPRESENTATIVE VANCE responded that the screening tool will
distinguish between a child that has experienced domestic
violence versus one who has been exploited. She said state
employees are mandatory reporters and would have to make a case
of sexual exploitation known to law enforcement, which would
then instigate investigation. Sex trafficking leads to a
different kind of investigation; law enforcement is currently
being trained to identify human trafficking. She acknowledged
that her statements come from her time on the council, and she
welcomed feedback from a member of public safety.
REPRESENTATIVE RUFFRIDGE surmised his concern could be addressed
by Kim Guay.
4:16:40 PM
KIM GUAY, Director, Central Office, Office of Childrens
Services, Department of Family and Community Services, to
Representative Ruffridge reviewed that OCS can investigate
parent/caregiver abuse; however, parents and caregivers
typically "are not the abuser of trafficking victims." She said
HB 264 is about children already in custody of OCS or the
Division of Juvenile Justice or shelters. She explained the
single investigation was to a trafficking case by a caregiver,
which she reemphasized is rare. She said OCS already assesses
children missing or who have run away, and she cited Public Laws
113 and 183 of 2015, which is from the Preventing Sex
Trafficking and Strengthening Families Act of 2014.
4:18:26 PM
REPRESENTATIVE FIELDS asked whether OCS uses "the same tool as
Covenant House," and he specified the "QYIT" and "QVIT."
MS. GUAY answered no and clarified that the Division of Juvenile
Justice uses a screening tool different from that of OCS and
"all the shelters out there." She recommended a broader
conversation in considering a universal screening tool. She
added that if there was a universal screening tool, it would
come with a fiscal note.
REPRESENTATIVE FIELDS asked for more specific information
regarding the screening used by various shelters.
4:20:42 PM
REPRESENTATIVE VANCE expressed the desire for a universal
screening tool. She noted that Covenant House has a robust
screening system. She clarified that she is not advocating for
any one screening system to be made universal, but rather for a
choice to be made in selecting a shared one.
REPRESENTATIVE FIELDS inquired whether a screening tool should
be inclusive of labor trafficking, not just sex trafficking.
REPRESENTATIVE VANCE indicated that her focus first is on the
trauma caused by sex trafficking.
4:23:06 PM
REPRESENTATIVE SADDLER questioned whether HB 264 would go far
enough in getting "a useful tool" for screening.
REPRESENTATIVE VANCE answered that she would allow the committee
to make that determination. She spoke about how some screening
tools are better suited to finding more victims of sex
trafficking. In response to follow-up questions, she said those
who work directly with children should be the ones to recommend
the best screening system.
REPRESENTATIVE SADDLER pointed to page 2, line 17, and said he
would like a definition of "uniform" in terms of the adoption of
a screening tool.
4:27:42 PM
REPRESENTATIVE FIELDS noted that almost 40 percent of the
clients at My House shelter identify as LGBTQ, and he asked
whether that should be a consideration in terms of figuring out
prevention.
REPRESENTATIVE VANCE confirmed that since the first report in
2017, there has been a consistency in terms of LGBTQ numbers.
That community is at greater risk for homelessness,
exploitation, and suicide. She said this shows that
"traffickers prey on those who are vulnerable." She expressed
that the proposed legislation aims to find a tool to include the
most vulnerable. She highlighted that in terms of sex
trafficking, there is a crossover she had not previously been
aware of, including the areas of homelessness, suicide, LGBTQ,
and murdered and missing Indigenous women. She said a key goal
is justice.
4:32:08 PM
REPRESENTATIVE RUFFRIDGE disagreed with the previous statement
about the one investigation occurring. He recollected the
statement had been that sexual trafficking does not occur inside
a family unit and, thus, is not investigated very often. He
said he thinks the information that has been made available
would contradict that statement. He noted that the screening
tool used by Covenant House has four questions and appears to
have a "high assessment rate" at 88 percent. He expressed his
hope that these are leading to investigations and criminal
charges; otherwise, he opined, the tools are not effective.
REPRESENTATIVE VANCE directed attention to language in Section
[4], on page 2, line 24, regarding what the department shall do
when locating a child committed to the custody of the department
who was missing, abducted, or ran away. She related that
reports show that 31 percent of trafficking victimization is
familial. She said that is a sobering statistic. She reviewed
the definition of "commercial sexual exploitation" as under HB
264, Section 3. She said she wants state entities to
investigate whenever there is a heightened risk of sex
trafficking and for law enforcement to become engaged when key
factors are apparent.
REPRESENTATIVE RUFFRIDGE observed that the directive to
"investigate" under HB 264 would be applicable only to paragraph
(v) regarding "missing, abducted, or ran away". He said he
hoped the intent would be to investigate when information is
received that circumstances exist and the child is at heightened
risk.
4:38:51 PM
REPRESENTATIVE FIELDS, looking at the results of the governor's
council and considering the adverse childhood experiences
related to sex trafficking, mentioned a budget subcommittee and
recommended learning about what state programs affect adverse
childhood experiences.
4:39:39 PM
REPRESENTATIVE MINA wondered if some cases are reported by local
police departments and not OCS, which may cause the difference
in the statistics to which Representative Ruffridge referred.
She highlighted the definition of "commercial sexual
exploitation" on page 2, lines 1-3, which read as follows:
(2) "commercial sexual exploitation" means the sexual
abuse or exploitation of a child for the financial
benefit of any person or in exchange for anything of
value given or received by any person.
REPRESENTATIVE MINA asked, "Is that the norm for how this term
is used in general?"
4:40:31 PM
MR. BALLINGER responded that the definition refers to children
who are a minor.
REPRESENTATIVE MINA asked if there are circumstances in which
the definition would be used not pertaining to minors.
REPRESENTATIVE VANCE answered yes, HB 68 clearly defined sex and
human trafficking and updated "those definitions." She said,
"This area of law is dealing with juvenile." In response to a
follow-up question, she said there are specific laws addressing
the sexual exploitation of minors, and she deferred to the
Department of Law to answer Representative Mina's questions
about a situation in which a 17-year-old has sex with a 19-year-
old in order to receive food and shelter. Then she said Alaska
is working on a definition regarding "sex and human trafficking
dealing with labor." She said sex trafficking is trading sex
for anything of value. She talked about the differences between
prostitution and sex trafficking and the latter involving "a
fourth element" and "someone benefitting from that act." She
clarified that it pertains to an act that a person would not
otherwise be compelled to do if they were not in that particular
situation.
4:46:10 PM
REPRESENTATIVE MINA urged digging into the circumstances that
put people into these situations, which will help in responding.
4:47:12 PM
MS. GUAY, in response to previous comments, clarified current
statutes that allow OCS to become involved with families. She
said AS 47.17.010 outlines the purpose of OCS. She said OCS
investigates caregiver or parental maltreatment but not
maltreatment from a relative living outside the house or a
neighbor. Then there are the children in the care of OCS and
Children in Need of Aid (CHINA) - foster children who are
screened when missing or exploited. She said OCS can keep
children up to the age of 21. She added that if OCS were to
investigate all trafficking, that would broaden the scope of the
office to be similar to law enforcement.
4:49:48 PM
REPRESENTATIVE PRAX asked whether there was a downside where
"we" are possibly putting children at risk and "driving things
further underground."
REPRESENTATIVE VANCE clarified that HB 264 would address at-risk
children already in the system. She stated her belief that the
bill would improve things because of the deliberate coordination
between departments and those with lived experience.
4:52:28 PM
MS. GUAY expressed concern that if a new screening is added
there be enough providers to make it happen. Some children must
be removed from their situation if they are being trafficked, so
housing is also an issue. She cautioned the committee not to
compel youth to share their story and then, because of a lack of
resources, end up putting them in harm's way. She talked about
providing for the mental and physical safety of youth.
4:53:57 PM
CHAIR PRAX said he agrees on that point. He asked about federal
best practices.
REPRESENTATIVE VANCE offered her understanding that there are
not federal best practices but states have adopted best
practices Alaska could emulate. She indicated that the proposed
legislation would expand upon what is already being done.
CHAIR PRAX requested copies of other states' best practices.
REPRESENTATIVE VANCE said her office would provide that
information.
4:54:56 PM
MR. BALLINGER noted that already provided were the best
practices of [Florida] and New York.
4:55:17 PM
REPRESENTATIVE VANCE, in closing, reiterating key points of the
bill hearing, highlighting that the first job is to let people
in Alaska know that sex and human trafficking is happening in
Alaska to "our children." She said many steps need to be taken
from there, and HB 264 is one of them. She thanked the
committee for its willingness to address the issue.
4:58:04 PM
MS. GUAY expressed appreciation to the committee and noted that
OCS has a presence on the Governor's Council on Human and Sex
Trafficking and she is happy to see Alaska stepping up to
address the topic.
4:58:43 PM
MS. MCCOY echoed the bill sponsor's statement about HB 264 being
the first step and offered Shared Hope International's
collaboration in finding solutions.
4:59:30 PM
CHAIR PRAX announced that HB 264 was held over.
4:59:44 PM
ADJOURNMENT
There being no further business before the committee, the House
Health and Social Services Standing Committee meeting was
adjourned at 5:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 275 DPS Fiscal Note.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Sectional Analysis.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Transmittal Letter.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 275 Version A.PDF |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 264 - Sectional Analysis.pdf |
HHSS 1/30/2024 3:00:00 PM HHSS 2/8/2024 3:00:00 PM |
HB 264 |
| HB 264 Sponsor Statement.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 Version A.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 AK Governor's Council on Human Sex Trafficking Data Summary.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 275 DPS Presentation.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| HB 264 Fiscal Note DFCS-PS-JVV.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| HB 264 Fiscal Note DFCS-PS-OCS.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| Letter of Support AWIC.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 275 |
| My House Human Trafficking Survey Long Version 2023.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |
| My House Trafficking Survey 2023 short version a.pdf |
HHSS 1/30/2024 3:00:00 PM |
HB 264 |