Legislature(2019 - 2020)ADAMS 519
03/02/2020 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB127 | |
| HB159 | |
| HB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 127 | TELECONFERENCED | |
| *+ | HB 159 | TELECONFERENCED | |
| + | HB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 182
"An Act relating to testing of sexual assault
examination kits; and providing for an effective
date."
3:28:40 PM
Co-Chair Johnston asked the bill sponsor to begin her
presentation. She relayed the names of the testifiers
available online.
3:29:09 PM
REPRESENTATIVE GERAN TARR, BILL SPONSOR, began with slide 2
of the PowerPoint Presentation, "House Bill 182." She
provided some context for the incarnation of the bill. She
indicated that in 2014 she had received something from the
Joyful Heart Foundation, an organization founded by Mariska
Hargitay, the actress from Law and Order: Special Victims
Unit. During Ms. Hargitays time as an actress on the show,
she received several letters from individuals who were
survivors of sexual assault. The actress wanted to be
helpful. She started the effort with the Joyful Heart
Foundation specifically focused on ending the backlog
campaign. As a result, the representative was inspired to
begin work on HB 182.
Representative Tarr explained that there were six pillars
embodied by the Joyful Heart Foundation. She wanted to show
what she had accomplished to-date, as it was something that
everyone could feel good about. She was trying to
facilitate a lasting systemic change. The six pillars
included an annual statewide inventory, mandatory testing
of backlog kits, mandatory testing of new kits, a statewide
tracking system, a victims right to notice, and funding
for reform. She posed the question about where Alaska was
in the process.
Representative Tarr continued to slide 3 to discuss the
states current status. She conveyed that she first started
working on the project in 2014 with the statewide audit
which was required by the U.S. Department of Justice in
order to receive federal funding towards the effort. The
statewide audit was how the state learned that there were
approximately 3,400 untested rape kits in the State of
Alaska. The early work also led to the audit of the crime
lab where other deficiencies were discovered. The state had
been able to improve the process outside of legislation.
She believed people would feel very positive about the
happenings at the crime lab which Mr. Kanaris, the chief of
the forensics laboratory in Anchorage, would report on.
Representative Tarr detailed that some of the changes that
were made working with the crime lab included making sure
that each rape kit had a unique identifier to ensure a
chain of custody. Previously, all of the kits were prepared
in Anchorage and sent out to more than 200 law enforcement
agencies across the state, but with no unique identifiers.
It was impossible to tell whether a kit was used or unused
sitting on a shelf once it left Anchorage. The issue was
problematic; hence, a tracking system was established.
Representative Tarr reviewed some of the other legislation
that the state passed. The state supplied funding for the
mandatory testing of the backlog kits as well as
established the policy of storing all of the kits at the
crime lab in Anchorage. The funding also paid for the
installation of high capacity shelving. With the passage of
HB 49 [Legislation passed in 2019 Short Title: Crimes;
Sentencing; Drugs; Theft; Reports] all new kits were
required to be tested within 1 year and, the statewide
tracking system was put into place. The bill also
established a victims right to notice.
Representative Tarr indicated that the Joyful Heart
Foundation wanted to see a website established for
individuals to be able to follow the progress of their kits
using a unique identifier. The states current protocol was
that all kits would be sent to the crime lab within 30
days, tested within 1 year, and individuals would be
notified within 2 weeks of their kits being tested.
Eventually, she hoped the state could implement a more
sophisticated tracking system in which individuals could
track the progress of their own kits. She explained that it
was important for a victim to be able to track their own
kit because an individual was re-traumatized every time
they had to retell their story. Having to call an authority
to obtain information could be traumatizing, as they would
likely have to retell their story over-and-over again. She
thought the victim notification piece was a helpful step in
limiting the re-traumatization of victims.
Representative Tarr continued that currently, shortening
the timeline was the next right step and the reason for
HB 182. She had worked with Mr. Kanaris reviewing the
best-case scenario in terms of turnaround time for the
processing of rape kits. Mr. Kanaris had indicated 60 days
was the most reasonable timeline. He had done some research
about what other states were doing which provided the
reason behind 60 days as an attainable goal. However,
presently the most achievable goal was 6 months.
3:35:33 PM
Representative Tarr moved to slide 4 to discuss the timing
of the testing. The legislation was specifically to shorten
the time of the testing once kits were collected. Mr.
Mosley was allowed to be on the streets prior to his
arrest. The article referenced in the slide indicated that
he was allowed to be on the streets prior to his arrest.
The delay in testing his rape kit allowed a fourth woman to
be raped.
Representative Tarr continued to slide 5 which she 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 relayed that the state might have
prevented some of these things from happening had it done
things in a timelier fashion. She reemphasized why timing
was so important. She had heard too many awful stories and
believed the state could do better.
3:37:09 PM
Representative Tarr continued to slide 6. She relayed that
the 6-month mark was the focus of the bill. She indicated
certain resources were necessary and were reflected in the
fiscal note. She reported that even if funding was made
available on July 1, 2020, it would take a number of months
to find the right staff, as the positions were very
technical. She also reported that because there had been a
national effort regarding the issue, there was a large
demand for qualifying professionals. She relayed that
specialized training was required for a person to be able
to process the kits. She listed off several of them.
Representative Tarr indicated that the fiscal note
reflected the challenges of the timeline and the effective
date. It would take some time for the lab to get properly
staffed, train personnel, and be compliant with the law
should the legislature pass the bill. She noted that when
she had discussed with Mr. Kanaris whether the state could
get to 60 days in the first step, he thought that it was
possible to get to 6 months if the resources were provided
in the legislation. Once everyone was fully trained and the
backlog was caught up, the lab would not need additional
resources to reach the 60-day mark. All processing would
improve with building capacity among staff. She reiterated
that the 2020 goal was to reach the 6-month mark and to
continue working with the crime lab to reach the 60-day
mark. She commended Mr. Kanaris for all of his work at the
crime lab and for the work he had done in researching what
other states were doing. He could speak to the return on
investment and investing in the type of work related to
HB 182.
3:40:33 PM
Representative Tarr played the movie trailer to a video
entitled, "I Am Evidence." [The committee watched the
video]
Co-Chair Johnston invited Mr. Kanaris to comment.
3:42:37 PM
DAVID KANARIS, CHIEF, FORENSIC LABORATORIES, DEPARTMENT OF
PUBLIC SAFETY (via teleconference), mentioned that the
positions the lab was requesting would move the Department
of Public Safety in the right direction in terms of
processing the 9-month backlog of sexual assault kits.
There were several national studies about the benefits of
testing the backlog kits. A paper was published in 2019
entitled, The Jurisdiction of Return on Investment from
Processing the Backlog of Untested Sexual Assault Kits.
The paper looked at all of the different factors and
benefits of processing kits. The benefits included
providing resolution for survivors, preventing repeated
assaults from serial rapists, and preventing societal costs
external to the people directly victimized. He reported an
estimated 9,000 percent to 64,000 percent return on
investment for each sexual assault test processed. The
disparity in the numbers depended on the number of kits
being processed.
Mr. Kanaris continued that the cost of processing per kit
in a large testing facility which processed several
thousands of kits per year was much less than in a smaller
facility. Alaska was on the low end of the spectrum and
would likely see a return on investment of 8,000 percent to
10,000 percent. Currently, the cost of testing in Alaska
was about $1500 per kit. The national average was between
$1400 and $1600 per kit. He reported a large uptick in
submission of kits to the lab. In 2012, there were 303 DNA
submissions to the lab across all case types, not just
sexual assault cases. In the previous year, 651 kits were
submitted to the lab. In the current year, the lab
anticipated receiving over 800 cases, 60 percent of which
would be sexual assault tests over 500 sexual assault
cases. He reported an increase of 34 percent in violent
crime rates in Alaska between 2013 to 2017. There was also
increased national attention on the sexual assault backlog
which had moved to the forefront of policy reforms. There
was also the issue that DNA had become a forensic panacea
resulting in more agencies submitting more items and
evidence for testing. The department was asking for funding
for 2 positions to get the lab to the 6-month mark.
Co-Chair Johnston asked Representative Tarr to present the
sectional Analysis.
3:46:45 PM
KARLA MS. HART, STAFF, REPRESENTATIVE GERAN TARR, relayed
that in Section 1 the timeline was changed from one year to
six months. In Section 2 the effective date was changed to
2021.
3:47:12 PM
Representative Josephson thought Representative Tarr's work
on the bill had been heroic. He offered that she could
count on his support of the bill. He asked if the reason
why the lab thought it could reach the 6-month mark was
that it would outsource testing until the 2 positions could
be hired. He asked the sponsor if she was comfortable with
the language in the bill, The agency shall ensure.
Representative Tarr responded that it was true that
outsourcing would be necessary to meet the 6-month
timeline. Concurrently, the lab would be staffing the
positions and rotating in the new employees.
3:48:17 PM
Representative Josephson relayed that, in his time as a
state prosecutor, a sexual assault would not typically come
to disposition in a 6-month window. With expedited testing,
a persons nature of defense would likely become obvious
sooner and would be the reason for a significant return on
investment.
Representative Tarr asserted that the law would help to
better understand who was involved in sexual assault crimes
and what to focus on in terms of prevention work.
3:49:34 PM
Representative Wool thanked Representative Tarr for her
presentation. He was looking at the backlog number in 2017
of 3,484 and in 2019 of 1,696. He clarified that the test
kits had been outsourced for processing to reduce the
backlog. He queried about incoming kits and the ability to
keep up with processing.
Representative Tarr responded the that backlog was all of
the untested kits when she started her effort in 2015
beginning with the audit. The kits had been cataloged,
prioritized, and sent out in batches. The funding that was
placed in the capital budget a couple of years prior was
being used to cover the backlog. The bill was addressing
the new incoming kits and the timeline for processing them.
There would be a period in which the staff would be
trained, and the kits would continue to be processed by a
third party.
Representative Merrick asked if the results of the kits
were entered into the Combined DNA Index System (CODIS) or
a similar database.
Representative Tarr responded affirmatively. She deferred
to Mr. Kanaris to provide further detail.
Representative Merrick asked Mr. Kanaris to provide
information regarding genealogical testing and furthering a
particular investigation.
Mr. Kanaris responded that everyone that was eligible would
be entered into CODIS. He reported that CODIS was strictly
governed by the Federal Bureau of Investigation (FBI).
There were certain eligibility requirements for which
samples could be entered. In order to be eligible a crime
had to have been committed. The lab worked with law
enforcement agencies to make sure each sample was eligible.
If a sample was eligible, it would be entered into CODIS.
In terms of genetics, it was not something that the state
dealt with directly, as the cases were very labor
intensive. Genealogical testing required a certain skill
set that the State of Alaska did not currently have. The
law enforcement agency submitted samples to Alaskas lab.
If a test did not generate a hit against a profile in
CODIS, law enforcement would make a decision in concert
with the lab about genealogical testing. The lab could
provide technical expertise in explaining what steps would
need to be taken. However, such work was not currently
being done in the crime lab.
Representative Merrick thanked Mr. Kanaris for all of the
great work he was doing at the crime lab.
Co-Chair Johnston set the bill aside. She reviewed the
agenda for the following morning. Amendments for HB 182
were due Wednesday, March 4th at 12:00 p.m.
HB 182 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 159 Sponsor Statement 1.31.20.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 159 |
| HB 127 v. M Sponsor Statement 2.28.2020.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 127 |
| HB 127 v. M Sectional Analysis 2.28.2020.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 127 |
| HB 127 v. M Explanation of Changes 2.28.2020.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 127 |
| HB 182 Sponsor Statement 2.28.20.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 182 |
| HB 182 DNA arrest KTVA 11 9.6.19.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 182 |
| HB 182 Explanation of Changes v. U 2.12.20.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 182 |
| HB 127 v. M Index of Letters of Support 3.1.2020.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 127 |
| HB 127 Slideshow 3.1.2020.pdf |
HFIN 3/2/2020 1:30:00 PM |
HB 127 |