Legislature(2023 - 2024)DAVIS 106

01/30/2024 03:00 PM House HEALTH & SOCIAL SERVICES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 275 SEXUAL ASSAULT EXAMINATION KITS/TRACKING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 264 CHILD TRAFFICKING SCREENING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
**Streamed live on AKL.tv**
        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