Legislature(2023 - 2024)DAVIS 106
01/30/2024 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB275 | |
| HB264 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 275 | TELECONFERENCED | |
| *+ | HB 264 | TELECONFERENCED | |
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.
| 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 |