Legislature(2019 - 2020)BUTROVICH 205
03/05/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB133 | |
| SB97 | |
| SB183 | |
| SCR11 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 133 | TELECONFERENCED | |
| += | SB 97 | TELECONFERENCED | |
| *+ | SB 183 | TELECONFERENCED | |
| *+ | SCR 11 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 133-SEXUAL ASSAULT EXAMINATION KITS: TESTING
3:31:15 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 133,
"An Act relating to testing of sexual assault examination kits;
and providing for an effective date." He noted there was a
committee substitute and solicited a motion.
3:31:32 PM
SENATOR COGHILL moved to adopt the committee substitute (CS) for
SB 133, work order 31-LS1248\U, as the working document.
SENATOR REVAK objected for an explanation.
3:32:11 PM
BETTY TANGEMAN, Staff, Senator Joshua Revak, Alaska State
Legislature, Juneau, Alaska, explained that version U would
change the effective date of SB 133 from July 1, 2020 to July 1,
2021 to allow the crime lab time to assess and build up its
capacity to meet the six-month processing time mandated by the
bill.
3:32:59 PM
CHAIR REVAK removed his objection and the committee substitute
(CS) for SB 133, version U, was adopted.
3:33:30 PM
SENATOR GRAY-JACKSON, Alaska State Legislature, Juneau, Alaska,
said SB 133, which is a companion bill to HB 182. SB 133 will
change the mandate time for testing of all sexual examination
kits collected in Alaska from 12 months to within six months.
She thanked Representative Tarr for introducing HB 182 to bring
this much needed change to fruition. She said this logical next
step will help reduce the current backlog and provide the
necessary resources to ensure that a backlog does not reoccur.
She offered her view that SB 133 will also help deliver justice
to the many survivors by helping them close a traumatic chapter
in their lives.
SENATOR GRAY-JACKSON said SB 133 has a modest fiscal impact, but
these resources will be used to address the alarming rate of
sexual assault in Alaska, which is four times the national
average. She said SB 133 is supported by many public safety and
health professionals who attest to the value of this next step
in sexual assault kit reform. This bill will protect women from
being future victims and also help law enforcement close cold
cases, she said.
SENATOR GRAY-JACKSON explained that perpetrators of crimes of
this nature are often serial offenders, so the value of the data
collected in the database and the Combined DNA Index System
(CODIS) is important.
3:35:23 PM
JACOB TATUM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, Juneau, Alaska, presented a PowerPoint, "Senate
Bill 133 Rape Kit Reform," on behalf of the sponsor.
MR. TATUM explained that sexual assault kits are vital tools for
law enforcement to prosecute offenders and deliver justice for
victims. Due to the scope and sensitivity of the evidence
collected, the processing of sexual assault kits has been a
recurring problem, but it can be solved. He referred to a 2019
report in members' packets from the Department of Public Safety
(DPS) that illustrates the progress that the department has
made. The report identified 1,696 sexual assault kits that have
not yet been tested in 2019. Any backlog is unacceptable, but
progress is being made, he said. From 2017 to 2018, the backlog
in the number of untested sexual assault kits was reduced from
3,484 to 2,568.
He highlighted that in 2019, the legislature appropriated $2.57
million in the capital budget to directly address sexual assault
kit backlogs. Further, the 2018 passage of House Bill 31
established law enforcement training for those officers working
with victims of sexual assaults. It also established ways to
anonymously report sexual assaults. In 2019, the legislature
passed HB 49, which created victim notification requirements and
established the current one-year timeline for sexual assault kit
testing. He said SB 133 would reduce that turnaround time to
test sexual assault kits to six months.
3:38:16 PM
MR. TATUM stated that addressing the backlog of sexual assault
kits is part of a broader national effort. He noted that the
Joyful Heart Foundation is an organization that spearheaded this
effort. He reviewed slide 2, Joyful Heart Foundation - 6
pillars:
1. Annual Statewide inventory of untested kits: A
recurring count of all untested rape kits enables
stakeholders to understand the scope of the problem
and make progress.
2. Mandatory testing of backlogged kits: Eliminate the
existing backlog by requiring law enforcement agencies
to submit all previously untested rape kits to the lab
and requiring the kits to be tested.
3. Mandatory testing of new kits: Prevent future
backlogs by requiring law enforcement agencies to
promptly submit all newly collected kits to the lab,
and requiring the lab to test these kits within a
specific time frame.
4. Statewide tracking system: ensure that hospitals,
law enforcement, and labs are using the same system to
track rape kits. Build in a mechanism for survivors to
check the status of their kits throughout the process,
from collection through analysis.
5. Victims' rights to notice. Grant victims the right
to receive information about the status and location
of their rape kit, and require that victims be
informed if their kit will not be tested and prior to
destruction.
6.Funding for reform: Appropriate state funding to
address these issues.
He reported that these six pillars have all been addressed by
the legislature in the last few years.
3:39:55 PM
MR. TATUM reviewed the chart on slide 2 that shows legislative
action taken from 2014 to 2020:
2014 Launch Rape Kit Reform Initiative
2015 Introduce [House Bill] 117, requiring a
statewide audit of all untested rape kits, legislative
hearings lead to request for audit of the crime lab
2016 Continued work with crime lab staff and
public safety officials on reforms like instituting a
tracking system for all untested kits [Senate Bill 55]
2018 Reforms pass establishing law enforcement
and anonymous reports for victim centered approach,
require law enforcement to have training on sexual
assault response, require audit on untested kits to be
annual [House Bill 31]
2019 Reforms pass requiring timely testing of
rape kits and victim notification [HB 49]
2020 [HB 182/SB133] to shorten timeline for
testing - 60 days or 6 months?
3:42:30 PM
MR. TATUM reviewed slide 3, Why Timing of Testing is Important.
This slide contained a quote from a Channel 11, KTVA report,
"Alleged serial rapist known to authorities roamed Anchorage
freely for months." The Mosley case identified gaps in the law
that allowed Mr. Mosley to sexually assault at least four
victims over the course of nine years. He read:
Mosley is in custody now, but he was allowed to roam
Anchorage freely for more than eight months after
Anchorage police detectives learned his DNA implicated
him in three sexual assaults and forwarded charges to
the Department of Law.
During that time, a fourth woman was raped.
He said commonsense reforms, including SB 133, should help
foster an environment where there are fewer victims and help
victims feel more comfortable reporting sexual assaults.
3:46:52 PM
MR. TATUM reviewed slide 4, We MUST do Better:
trianglecentrt Require all rape kits be tested within six months
trianglecentrt Fiscal note- additional technical staff needed
trianglecentrt Time needed to scale up for meeting requirement
trianglecentrt Difficulty in finding and retaining qualified
staff
trianglecentrt 2 year timeline from creating position to
hiring to fully trained
trianglecentrt New leadership - David Kanaris
trianglecentrt Special Assistant - Randi Breager
He commented that passing SB 133 is one way to make progress
since it will require that all rape kits be tested within six
months. The committee substitute, version U, will also change
the effective date to allow the division time to scale up.
3:48:36 PM
MR. TATUM displayed a two-minute video, "I Am Evidence":
MR. TATUM said SB 133 consists of one section and Mr. Kanaris
can speak to the fiscal note.
3:52:42 PM
CHAIR REVAK noted that Representative Tarr had joined the
committee.
3:53:19 PM
DAVID KNARIS, Chief, Scientific Crime Detection Laboratory,
Department of Public Safety, Anchorage, Alaska, gave a brief
history of the Scientific Crime Detection Laboratory (crime lab)
in Alaska and how SB 133 might impact the backlog. He explained
identified three backlog areas related to sexual assault kits.
First, in 2015-2016, the lab used federal funding to determine
that the Alaska State Troopers never submitted 568 sexual
assault kits to the lab. Subsequently, those kits have all been
tested using federal funds to outsource the kits to an East
Coast lab. Second, several years ago, the lab received a
legislative capital appropriation of $2.75 million to test 2,500
remaining untested kits. He reported that this project is
currently underway with about 1,000 sexual assault kits tested.
Third, the crime lab has ongoing casework ranging from property
crimes, sexual assaults, kidnappings, and homicides. Since
fiscal year (FY) 2012, there has been a steady increase in
cases. In July 2012, the lab received 300 new cases, but last
year it more than doubled to 651 cases. Since July 2019, the lab
experienced a staggering 34 percent increase in DNA submissions,
which means the crime lab anticipates receiving over 800 cases
this year. The lab's DNA section has not had any staff increases
except for the two positions authorized by passage of HB 49 in
2019.
MR. KNARIS advised that the FBI mandates DNA analysis training
programs for a minimum of six months. It takes 12-15 months of
training for someone to learn to do a complete DNA analysis.
Further, because it is difficult to recruit experienced staff
into Alaska, 80 percent of staff are trained from scratch by a
current staff member. This adversely impacts the crime lab
because it takes a forensic staff person away from his or her
work to train new forensic staff. This impact is reflected in
the DPS fiscal note to outsource that person's work, he said.
He said the current backlog is about 250 sexual assault kits.
The intention of SB 133 is to reduce that backlog and the sexual
assault kit processing time to within six months. He reported
that he reviewed 17 other states' processing times and
calculated the average testing time is 90 days. The six-month
timeframe in SB 133 will allow 60 days for testing, peer and
technical review, and report writing, plus an additional 30 days
to pose questions to law enforcement.
3:58:56 PM
MR. KNARIS said state and national forensic needs assessments
can help explain the increase in DNA submissions. In Alaska, it
is partially attributed to a 34 percent increase in violent
crimes from 2013 to 2017. In addition, the national focus on
sexual assault kit backlog has brought policy reform to the
forefront in Alaska. He said DNA provides the criminal justice
system with a very powerful technology. Since a small DNA sample
can provide substantial information, law enforcement personnel
favor that technology over other forensic techniques. That might
explain the reason for the increase in sexual assault kits
coming to the lab, he said.
He referred to the fiscal note from the Department of Public
Safety, Statewide Support, Laboratory Services. The crime lab
has asked for two forensic scientist positions for a total cost
of $218,000 plus additional funding to outsource 288 sexual
assault kits in the first year and 144 kits in the second year
at a cost of $1,100 per kit to maintain turnaround times during
the training period.
4:00:36 PM
CHAIR REVAK asked him to discuss the steps to test a sexual
assault kit.
MR. KNARIS explained that first, the sexual assault kit is
logged into the lab information management system and given a
system bar code to maintain tracking and the chain of custody.
This allows staff to identify the exact location of the kit at
any time. Next, the analyst reads the forensic history to
determine which samples are most probative. He noted that the
sexual assault kit consists of numerous intimate samples and
body hair samples. Once identified, the samples are processed to
determine body fluids, which are used to extract the DNA. The
analyst quantifies the amount of DNA, which is amplified and
replicated. After the DNA is read and profiled, it must be
checked against CODIS [Combined DNA Index System] and any known
samples. After final testing, the analyst writes a report and
does interpretation of the samples, which may also consist of
mixtures of DNA. Then the work is double checked through a peer
review process. The crime lab is nationally accredited so it
must follow standardized procedures. Finally, the report and
interpreted analysis are reviewed by a second analyst and
subsequently released to the law enforcement agency.
4:03:13 PM
CHAIR REVAK asked if only one testing of the sexual assault kits
is required to acquire the necessary data.
MR. KNARIS responded that if the first round of testing yields a
probative profile, which could mean testing 7-10 samples, then
the answer is yes. If not, a second round of testing may be
necessary to test clothing or bedding evidence. If so, it will
result in a second report.
4:03:50 PM
SENATOR WILSON asked if his division has been able to meet the
one-year requirement for testing kits.
MR. KNARIS answered yes. He estimated that the lab currently has
about a nine-month backlog, including outsourcing the 200 sexual
assault kits that were outsourced to allow the crime lab to
train its two new analysts. He anticipated that these analysts
will be fully trained by May 2020. At that time, he predicted
that the lab could meet the 12-month window.
SENATOR WILSON asked if the testing for those kits was funded
under the federal Sexual Assault Kit Initiative (SAKI). He
further asked about the funding for the 288 kits mentioned in
the fiscal note.
MR. KNARIS said the sexual assault kits in question were for
routine incoming cases.
SENATOR WILSON related his understanding that it takes about
nine months to train a Forensic Scientist III. He asked how long
it takes to recruit a forensic scientist.
MR. KNARIS answered that this year it took the crime lab about
three months to establish the new positions within the state
system and an additional two months to recruit the positions. He
estimated that the crime lab finished its recruiting process in
December 2019 and began training the forensic scientists. He
envisioned that it would probably take less time for future
recruitments since the hiring process has already been
established. However, he did not think the next hiring process
would take less than three months.
SENATOR WILSON asked if moving the effective date to a three-
year timeline would make it more feasible for the crime lab to
build up its in-house capacity to meet the 60-day turnaround in
testing sexual assault kits.
MR. KNARIS estimated that under SB 133, as written, the crime
lab should be able to meet its goal by the July 1, 2021 date. If
the bill's effective date is extended by another year, the crime
lab might be able to reduce its outsourcing costs, but it would
still need the two new positions.
SENATOR WILSON reiterated that his suggestion was to move the
effective date back, not to delete funding or the positions.
MR. KNARIS agreed that if the start date is moved to coincide
with the scientists' training completion period, the lab could
potentially meet the testing goal without outsourcing any of the
sexual assault kits.
4:08:29 PM
SENATOR KAWASAKI said he was unclear about the timeline listed
in the four-page report in members' packets. The report notes
that in 2019 there were 1,696 untested sexual assault kits, with
190 kits in storage pending review, and that 388 kits were
submitted to the crime lab but remain as part of the backlog. He
asked why this nine to 12-month backlog was not considered as
part of the department's budget during the budget review process
instead of introducing this bill to enhance the crime lab's
role.
MR. KNARIS answered that the $2.75 million capital appropriation
in 2018 provided funding for the untested sexual assault kits.
At the time, the state inventory consisted of 2,568 kits. Of
those, approximately 1,200 sexual assault kits have been tested.
Although a private forensic lab, [BODE Technology], will test
the sexual assault kits, the state crime lab must still input
the sexual assault kits into CODIS and provide the technical
review. The current sexual assault kit backlog consists of 250
routine incoming cases, he added.
SENATOR KAWASAKI asked if the current backlog is nine months.
MR. KNARIS answered yes; the oldest case dates back about nine
months, although there are significantly newer cases. He
explained that the crime lab prioritizes high public safety
threat or sexual assault of minor cases and the turnaround for
those cases is significantly less.
SENATOR KAWASAKI asked what will happen to the inventory of
1,696 sexual assault kits when the money disappears. He recalled
that significant funds were appropriated last year to clear the
backlog.
MR. KNARIS answered that every sexual assault kit that is
eligible for testing will eventually be tested and the results
will be forwarded to law enforcement agencies. The sexual
assault kits will remain at the crime lab into perpetuity by
law.
4:12:09 PM
CHAIR REVAK opened public testimony on SB 133.
4:12:54 PM
CARMEN LOWRY, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault (ANDVSA), Juneau, Alaska, stated
that ANDVSA consists of 21 organizations that provide community-
based services for shelter in crisis and intervention services
for victims and survivors of domestic and sexual assault
violence. She characterized SB 133 as a good bill that is well
informed from the law enforcement and victim perspectives. It
lets victims know they will get answers if they undergo a sexual
assault forensic exam, she said.
4:14:44 PM
KATIE BOTZ, representing self, Juneau, Alaska, spoke in support
of SB 133. She said she is a survivor of sexual assault. Because
of the taboos 20 years ago she did not even tell her parents she
had been sexually assaulted. She recalled that the sexual
assault kit exam was as traumatic as the rape itself. She said
Alaska ranks number one in the nation for sexual assaults and
she finds that and the lengthy processing time for sexual
assault kits unacceptable. She asked the legislature to put
money towards processing the sexual assault kits.
4:17:54 PM
At ease
4:18:59 PM
CHAIR REVAK reconvened the meeting and after determining there
were no further testifiers, closed public testimony on SB 133.
He stated he would hold SB 133 for future consideration. He
asked members to provide amendments to his office by Monday
March 9.