Legislature(2013 - 2014)CAPITOL 106
02/20/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Report by the Task Force on the Crimes of Human Trafficking, Promoting Prostitution, and Sex Trafficking | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
JOINT MEETING
HOUSE JUDICIARY STANDING COMMITTEE
SENATE JUDICIARY STANDING COMMITTEE
February 20, 2013
1:33 p.m.
MEMBERS PRESENT
HOUSE JUDICIARY
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
SENATE JUDICIARY
Senator John Coghill, Chair
Senator Lesil McGuire, Vice Chair
Senator Fred Dyson
Senator Donald Olson
Senator Bill Wielechowski
MEMBERS ABSENT
HOUSE JUDICIARY
All Members Present
SENATE JUDICIARY
All Members Present
COMMITTEE CALENDAR
OVERVIEW(S): REPORT BY THE TASK FORCE ON THE CRIMES OF HUMAN
TRAFFICKING, PROMOTING PROSTITUTION, AND SEX TRAFFICKING
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MICHAEL C. GERAGHTY, Attorney General
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: As a member of the Task Force on the Crimes
of Human Trafficking, Promoting Prostitution, and Sex
Trafficking, assisted in presenting the task force's report.
JOSEPH A. MASTERS, Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: As a member of the Task Force on the Crimes
of Human Trafficking, Promoting Prostitution, and Sex
Trafficking, assisted in presenting the task force's report.
REE SAILORS, Deputy Commissioner
Office of the Commissioner
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: As a member of the Task Force on the Crimes
of Human Trafficking, Promoting Prostitution, and Sex
Trafficking, assisted in presenting the task force's report.
MICHELLE DeWITT, Executive Director
Tundra Women's Coalition
Bethel, Alaska
POSITION STATEMENT: As a member of the Task Force on the Crimes
of Human Trafficking, Promoting Prostitution, and Sex
Trafficking, assisted in presenting the task force's report.
GWEN ADAMS, Pastor
Women's Ministry
Changepoint
Anchorage, Alaska
POSITION STATEMENT: As a member of the Task Force on the Crimes
of Human Trafficking, Promoting Prostitution, and Sex
Trafficking, assisted in presenting the task force's report.
ACTION NARRATIVE
1:33:19 PM
CHAIR JOHN COGHILL called the joint meeting of the House
Judiciary Standing Committee and the Senate Judiciary Standing
Committee to order at 1:33 p.m. Present at the call to order
from the House Judiciary Standing Committee were Representatives
Keller, Lynn, Pruitt, and Foster; Representatives LeDoux,
Millett, and Gruenberg arrived as the meeting was in progress.
Present from the Senate Judiciary Standing Committee were
Senators Coghill, McGuire, Dyson, Olson, and Wielechowski.
^Overview(s): Report by the Task Force on the Crimes of Human
Trafficking, Promoting Prostitution, and Sex Trafficking
Overview(s): Report by the Task Force on the Crimes of Human
Trafficking, Promoting Prostitution, and Sex Trafficking
[Note to the reader: legislation passed in 2012 changed the
names of the crimes of promoting prostitution in the first
through fourth degrees, AS 11.66.110 - AS 11.66.135, to the
crimes of sex trafficking in the first through fourth degrees.]
1:34:14 PM
CHAIR COGHILL announced that the only order of business would be
an overview of the "Final Report and Recommendations" written by
the Task Force on the Crimes of Human Trafficking, Promoting
Prostitution, and Sex Trafficking.
1:34:40 PM
MICHAEL C. GERAGHTY, Attorney General, Department of Law (DOL),
as a member of the Task Force on the Crimes of Human
Trafficking, Promoting Prostitution, and Sex Trafficking,
explained that the task force was statutorily created in 2012
for the purposes of researching the prevalence of human
trafficking, [promoting prostitution,] and sex trafficking
crimes in Alaska; assessing the services currently available to
victims of such crimes; and making recommendations to further
assist such victims. The task force met seven times and held
three public hearings - one in Anchorage, one in Bethel, and one
in Hooper Bay - and received information from a variety of
sources. Much like domestic violence (DV) crimes, the crimes of
human trafficking, promoting prostitution, and sex trafficking
have remained hidden from society, and there must be a
fundamental shift towards the notion that the victims of such
crimes are indeed victims, not criminals.
1:39:59 PM
JOSEPH A. MASTERS, Commissioner, Department of Public Safety
(DPS), as a member of the Task Force on the Crimes of Human
Trafficking, Promoting Prostitution, and Sex Trafficking,
concurred, and surmised that the crimes of human trafficking,
[promoting prostitution,] and sex trafficking have largely been
misunderstood, overlooked, and underestimated due to the
underground and hidden nature of such crimes, which are largely
unreported. Furthermore, [many] law enforcement agencies in the
state are ill-equipped and untrained in recognizing and
responding appropriately to such crimes, the victims often
mistrust and are uncooperative with law enforcement for a
variety of reasons, and the stigmata associated with such crimes
can present additional barriers to providing help to such
victims. The abuse, exploitation, and trafficking of Alaska's
most vulnerable citizens present the state with many unique
challenges, and in order to be effective, investigations into
such crimes must involve proactive enforcement and strong
collaboration with other agencies, victim-service providers, and
the victims themselves.
1:43:37 PM
REE SAILORS, Deputy Commissioner, Office of the Commissioner,
Department of Health and Social Services (DHSS), as a member of
the Task Force on the Crimes of Human Trafficking, Promoting
Prostitution, and Sex Trafficking, recommended that committee
members read the transcripts of the aforementioned public
hearings - contained in Appendix 3 of the task force's written
report; and relayed that the DHSS sees victims and potential
victims of human trafficking in a variety of its programs -
potential victims in that children who experience trauma are at
much higher risk of becoming victims of the crimes of human
trafficking, promoting prostitution, and sex trafficking. She
indicated that the DHSS has learned a lot about the crimes of
human trafficking, promoting prostitution, and sex trafficking
as a result of the task force's work. Victims of such crimes
have a need for residential care, including therapeutic foster
care when the victims are children. Alaska's child welfare
system, juvenile justice system, public health system,
infant/early learning programs, and public assistance programs
could all be of help to the victims of such crimes, though many
such victims are initially reluctant to reveal that they are
indeed victims of such crimes. More research into the crimes of
human trafficking, promoting prostitution, and sex trafficking,
as well as into what can be done to help the victims of such
crimes is therefore warranted.
1:49:52 PM
MICHELLE DeWITT, Executive Director, Tundra Women's Coalition,
as a member of the Task Force on the Crimes of Human
Trafficking, Promoting Prostitution, and Sex Trafficking,
concurred that people who experience trauma have a much higher
risk of becoming victims of the crimes of human trafficking,
promoting prostitution, and sex trafficking, because the trauma
creates vulnerabilities that perpetrators are then able exploit.
Furthermore, instances of such crimes are often masked -
appearing to instead be instances of domestic violence, sexual
assault, or sexual abuse of a minor crimes - and thus it can be
very difficult for a service provider to initially ascertain
that a particular client has indeed experienced a human
trafficking, promoting prostitution, or sex trafficking crime.
Serving on the task force, she relayed, has highlighted just how
much Alaskans still need to be educated with regard to human
trafficking, promoting prostitution, and sex trafficking crimes
in order to bring such crimes and their associated issues out of
the shadows.
1:53:49 PM
GWEN ADAMS, Pastor, Women's Ministry, Changepoint, as a member
of the Task Force on the Crimes of Human Trafficking, Promoting
Prostitution, and Sex Trafficking, indicated that her
organization has been reaching out to victims of human
trafficking, promoting prostitution, and sex trafficking crimes
because more such victims have been coming through its doors.
Offering a couple of examples involving victims that she's met
and spoken with, she noted that sometimes victims don't realize
that they are being victimized, and sometimes they are just too
afraid to seek help. This contributes to such crimes remaining
undetected. Education is key to addressing this problem:
People cannot be sold and bought like property, but it's
happening in Alaska right now, and it's time to make Alaska
hostile territory for the perpetrators of human trafficking,
promoting prostitution, and sex trafficking crimes.
CHAIR COGHILL concurred.
SENATOR MCGUIRE, referring to the recommendations outlined in
the task force's report, observed that the first recommendation
is to establish a permanent working group [on human and sex
trafficking]; that the thirteenth recommendation is to evaluate
legislation to allow expungement of prior prostitution
convictions of trafficking victims; and that prior prostitution
convictions are one of the big barriers such victims face when
seeking housing, employment, and a life free from their
perpetrators. Also, perhaps expungement could be considered for
first-time offenders of the crime of being the patron of a
prostitute, she ventured.
COMMISSIONER MASTERS relayed that the question the task force
faced was what particular mechanism ought to be used to clear a
victim's criminal record, and ventured that a permanent working
group, should the first recommendation be followed, could
further address that question and its associated issues.
ATTORNEY GENERAL GERAGHTY concurred, and noted that Washington
State, for example, has both an expungement statute and what he
referred to as a "safe harbor provision" [in law]. In response
to comments, he said the crime of human trafficking is occurring
in Alaska, and noted that one such case involving women from
Russia was prosecuted under federal law. Again, these crimes
are hidden, and a lot remains unknown about them.
2:09:15 PM
COMMISSIONER MASTERS referred to the first recommendation
outlined in the task force's report - again, to establish a
permanent working group on human and sex trafficking - and
explained that this is warranted because the issues pertaining
to such crimes are much too complex for the task force to
address in the very limited amount of time it still has.
Specifically, such a working group should: identify ways to
improve data-sharing on runaways and homeless youth between
service providers and the state; evaluate options for reducing
demand, and provide recommendations for what demand-reduction
measures to implement; and evaluate ways in which to promote and
expand the availability of shelter for unaccompanied minors.
The second recommendation outlined in the task force's report is
to conduct a high-profile media campaign in order to increase
awareness [of these crimes and of the ways victims could be
helped] among law enforcement personnel, service providers, and
the public.
MS. ADAMS referred to the third recommendation outlined in the
task force's report - to develop a mechanism to allow victim
advocates access to potential trafficking victims - and
indicated that such a mechanism [could increase the likelihood]
that victims will receive the help they need and eventually
testify against their perpetrators. The fourth recommendation
outlined in the task force's report is to educate Alaska's youth
about human and sex trafficking, specifically about the dangers
involved and the activities perpetrators engage in to groom and
lure victims. Such education is of the utmost importance in
advancing the state's prevention efforts because the average age
of Alaskan victims when they are first brought into the world of
trafficking is between 15 and 17 years old. Alaska Natives are
at special risk because they are easily identifiable, have an
exotic look which is much in demand [by perpetrators], have a
higher chance of already having been sexually abused/assaulted
and are thus what she termed, "pre-groomed," and, when from
rural Alaska, often lack the financial/physical resources to get
back home to family or to find safety.
MS. ADAMS mentioned that one mechanism for educating Alaska's
youth would be to create two educational videos that could be
distributed to school districts - one video [highlighting points
relevant to urban youth,] and one video [highlighting points
relevant to rural youth]. The fifth recommendation outlined in
the task force's report is to train law enforcement, the DHSS,
prosecutors, and key service providers. This training should be
uniform; provide all personnel with the tools necessary to
identify victims [of the crimes of human trafficking, promoting
prostitution, and sex trafficking]; and eventually result in a
coordinated emergency response once a victim is identified.
Some such training is already occurring among law enforcement
personnel, she noted.
2:15:33 PM
ATTORNEY GENERAL GERAGHTY referred to the sixth recommendation
outlined in the task force's report - to amend the
administrative subpoena law to encompass the trafficking
statutes - and explained that such a change to AS 44.23.080
would enable law enforcement to investigate those who run web
sites advertising women and children for sex. The seventh
recommendation outlined in the task force's report is to
establish a pretrial diversion program for persons arrested for
prostitution; such a diversion program could eventually result
in more victims providing law enforcement with information about
their perpetrators. Again, such victims should not be treated
as criminals.
MS. DeWITT referred to the eighth recommendation outlined in the
task force's report - to update intake and population surveys to
better identify potential trafficking victims - and explained
that doing so would result in providing everyone with a better
understanding of the scope of the problem in Alaska.
Specifically, questions related to trafficking could be added to
the Behavioral Risk Factor Surveillance System (BRFSS), the
Youth Risk Behavior Surveillance System (YRBSS), law enforcement
intake procedures, and the intake procedures of service
organizations receiving certain grants. The ninth
recommendation outlined in the task force's report is to
continue efforts on language access. Having access to
translator services is important for victims whose primary
language is other than English, both for purposes of
understanding what the victim has endured in all its complexity,
and in order to determine what services would be most
appropriate to provide.
MS. DeWITT added that there should therefore be a focus on
teaching [law enforcement and service providers] how to identify
when such a victim may indeed need a translator, since a
victim's rudimentary English skills could mask that fact. The
tenth recommendation outlined in the task force's report is to
encourage establishment of safe shelters, both short- and long-
term. Trafficking victims have been forced to rely on their
perpetrators for their food, clothing, shelter, and
identification documents, and so being able to provide shelter
to such victims would address at least one of their chief needs,
and such shelters could be established by/via a variety of
sources/efforts.
2:22:52 PM
COMMISSIONER MASTERS referred to the eleventh recommendation
outlined in the task force's report - to create a mechanism to
ensure housing of unaccompanied minors in emergency
circumstances; indicated that this involves situations wherein
obtaining parental consent is either not possible or not
practical; and ventured that a permanent working group - again,
should the first recommendation be followed - could further
address this issue, which is an extension of the issue addressed
in the tenth recommendation. The twelfth recommendation
outlined in the task force's report is to develop a hotline and
an emergency response for the hotline. This will ensure that
when victims are ready to reach out for help, there is a
mechanism in place for them to do so.
ATTORNEY GENERAL GERAGHTY, to conclude the presentation,
referred to the thirteenth recommendation outlined in the task
force's report - again, to evaluate legislation to allow
expungement of prior prostitution convictions of trafficking
victims - and indicated that he would be researching that issue
further.
SENATOR DYSON referred to trafficking operations he'd learned
about, one involving Asian women in Anchorage's Spenard
neighborhood, and one involving little boys "being booked
electronically to service" cruise ship passengers in Juneau.
ATTORNEY GENERAL GERAGHTY and COMMISSIONER MASTERS, in response
to a question, pointed out that although trafficking crimes
could involve the transportation of victims, it's not required.
SENATOR DYSON recommended requiring those convicted of promoting
prostitution or sex trafficking crimes to register as sex
offenders.
[In response to comments and questions, members of the task
force reiterated previous comments, and referenced the
aforementioned recommendations and information provided in the
report.]
REPRESENTATIVE GRUENBERG, noting that the statute addressing the
crime of conspiracy - AS 11.31.120 - already includes the crimes
of human trafficking in the first degree and sex trafficking in
the first degree, asked the task force to consider whether the
legislature should add the crime of sex trafficking in the
second degree to AS 11.31.120.
3:01:41 PM
ADJOURNMENT
There being no further business before the committees, the joint
meeting of the House Judiciary Standing Committee and the Senate
Judiciary Standing Committee was adjourned at 3:01 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| TraffickingTaskForceFINALREPORT021513.pdf |
SJUD 2/20/2013 1:30:00 PM |
Task Force Report on Human Trafficking, Promoting Prostitution and Sex Trafficking |