Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/12/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB131 | |
| SB193 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 131 | TELECONFERENCED | |
| *+ | SB 193 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 193-SEXUAL ASSAULT EXAMINATION KITS/TRACKING
3:42:02 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 193 "An Act relating to sexual
assault examination kits; establishing the sexual assault
examination kit tracking system; and providing for an effective
date."
3:42:16 PM
CHAIR KAWASAKI announced invited testimony for SB 193.
3:42:48 PM
DAVID KANARIS, Forensic Science Laboratory Chief, Alaska
Scientific Crime Detection Laboratory (AKSCDL), Department of
Public Safety (DPS), Anchorage, Alaska, said SB 193 mandates
that all criminal justice system stakeholders participate in the
Sexual Assault Kit Tracking System provided by DPS. SB 193
establishes timeframes for all criminal justice system
stakeholders, aligning with existing timeframes for law
enforcement and the crime lab to examine the kits. The bill
would eliminate the need for law enforcement agencies to
proactively report on any untested kits in their possession, as
this will be managed through the kit tracking system. SB 193
would provide victims with a means to track the progress of
their kits through the criminal justice system.
3:43:53 PM
MR. KANARIS moved to slide 2 and explained the intent of SB 193:
[Original punctuation provided.]
What does the bill do?
• Requires healthcare providers to notify law
enforcement within seven days that a sexual
assault examination kit is complete and ready to
be sent to the Department of Public Safety (DPS)
crime lab
• Mandates the use of the sexual assault
examination kit tracking system for law
enforcement, medical providers, and the DPS crime
lab
• Provides victims access to the sexual assault kit
tracking system and to opt in or out of automated
notifications
MR. KANARIS said SB 193 requires healthcare providers to notify
law enforcement within seven days that a sexual assault
examination kit is ready for pickup, addressing a gap in current
legislation. While existing laws specify that law enforcement
must send the kit to the lab within 30 days and the crime lab
must test the kit within six months, they do not establish a
timeframe for medical providers to inform law enforcement that
the kit is ready.
3:44:59 PM
MR. KANARIS moved to slide 3 and described how SB 193 would help
victims:
[Original punctuation provided.]
How can this bill help victims?
• Provides victims with an online portal to track
the location and status of their kit from initial
submission to final testing
• Provides victims the option to receive text or
email notifications on the status of the kit in a
trauma informed way
• Provides areas within the portal for contact
information, resource information, and a list of
frequently asked questions about the portal
MR. KANARIS noted that during the development of the Sexual
Assault Kit Tracking System, AKSCDL met with victim advocates
and survivors' groups. He said that one resounding piece of
feedback was the importance of understanding how traumatic the
process can be for victims after experiencing assaults. Many
victims are already traumatized and find it difficult to
reengage with law enforcement to check the status of their kits,
which can reopen their trauma. The benefit of the new system is
that it allows victims to track the progress of their kits
themselves. They can either proactively follow along or receive
email and text notifications when their kit moves to the lab or
when testing is completed. The system also includes built-in
resources tailored to different regions, helping victims find
local advocacy and support groups. He also mentioned plans to
customize the system in the future to provide full translations
into all major languages.
3:46:44 PM
MR. KANARIS moved to slide 3 and explained why SB 193 is
necessary:
[Original punctuation provided.]
Why is this bill needed?
• Increases transparency of sexual assault
examination kit testing for victims throughout
the process
• Requires specific timeliness for the transmission
and testing of sexual assault examination kits
for all stakeholders
• Repeals duplicative work in tracking and
inventorying untested sexual assault examination
kits as this will be done through the sexual
assault examination kit tracking system
MR. KANARIS emphasized the importance of having data to make
informed decisions. He said that the Sexual Assault Kit Tracking
System has opened up the ability to monitor the progress of kits
at various stages, such as how long medical providers, law
enforcement, and the lab are taking. This data allows for a
better understanding of these parameters and facilitates policy
decisions to ensure timeliness among all stakeholders. The
system helps prevent kits from sitting untested for extended
periods and eliminates the need for duplicative work, such as
asking law enforcement agencies to report untested kits, as they
can proactively check the system themselves.
3:47:47 PM
CHAIR KAWASAKI asked for more information about InVita
Healthcare Technologies, specifically regarding its Sexual
Assault Kit Tracking System.
3:48:10 PM
MR. KANARIS explained that the system is already established and
was funded using federal grant funds. He noted that there are
several off-the-shelf software systems available for this type
of work. Through a competitive bid process, a manufacturer and
software company were selected, and the funds cover ongoing
maintenance fees for the system.
3:48:40 PM
CHAIR KAWASAKI asked for more details about access to the
technology, including its accessibility for different users such
as patients, law enforcement, and others who may be involved. He
inquired about the system's security measures, whether it is
password protected, and how it ensures data security. He
mentioned concerns about security protocols, especially in light
of the recent breach of around seven million users' personal
information through 23andMe.
3:49:24 PM
MR. KANARIS replied that when a kit is collected from a victim
or survivor, they are given a code that allows them to track
their kit. Victims can share this code with advocates, who can
then access the information. The system does not include any
personal identifying information; it only uses the code to
provide updates on the kit's status. The system notifies users
when testing is completed or when the kit is submitted to the
lab, but does not include the results of the testing.
3:50:00 PM
CHAIR KAWASAKI asked whether law enforcement and courts could
identify individuals based on the unique identifier used in the
system, and who would have access to that identifier.
3:50:20 PM
MR. KANARIS replied that the lab testing process involves
testing the kit, issuing a lab report with investigation
details, and sending the report to law enforcement and
potentially to prosecutorial agencies. This process is entirely
separate from the kit tracking system. The kit tracking system
only allows individuals, and potentially administrators, with
the tracking number to follow the progress of their kit.
3:50:59 PM
SENATOR CLAMAN asked whether the only location where testing is
conducted is at the state crime lab.
3:51:08 PM
MR. KANARIS replied that is correct.
3:51:11 PM
SENATOR CLAMAN asked whether it would be permissible to use
another lab for testing on behalf of AKSCDL, and if all testing
is currently expected to be done exclusively at that lab.
3:51:25 PM
MR. KANARIS replied that is correct. He said AKSCDL has no
desire to outsource testing.
3:51:40 PM
SENATOR CLAMAN asked what SB 193 would repeal.
3:51:45 PM
MR. KANARIS replied that the annual Sexual Assault Kit Inventory
report traditionally involves soliciting information from
participating law enforcement agencies about the number of
untested kits they hold. This process helps address issues such
as kits not being submitted to the lab. However, with the new
kit tracking system in place, there will be no need for this
manual reporting, as the system will allow direct access to view
how many kits are currently with law enforcement but have not
yet been submitted to the lab.
3:52:30 PM
SENATOR CLAMAN asked about the impact of the new system on
backlog management. He was informed that the system allows for a
daily view of tested and untested kits. He wondered whether the
requirement to test certain kits within six months aims to
prevent a backlog, ensuring that kits are processed in a timely
manner.
3:52:50 PM
MR. KANARIS replied that the six-month turnaround time has been
in statute for a while and was designed to prevent future
backlogs. The requirement does not eliminate the need for the
inventory report but removes the necessity for law enforcement
to manually provide that information. The report will still be
conducted, but the new system will streamline data collection.
3:53:19 PM
CHAIR KAWASAKI asked if InVita Healthcare Technologies sells
data to any other agencies or groups.
3:53:35 PM
MR. KANARIS replied that the organization was vetted by the IT
department through DPS, which confirmed that no data sharing
would occur. Additionally, the organization is an industry
leader that works with many other labs and states, and, to the
best of their knowledge, there is no data sharing involved. A
definitive answer can be provided if needed.
3:54:06 PM
SENATOR WIELECHOWSKI asked for clarification on where the tests
are performed.
3:54:17 PM
MR. KANARIS replied that all tests are performed at the crime
lab in Anchorage.
3:54:26 PM
SENATOR WIELECHOWSKI asked if there would be any objections to
clarifying that the testing will be conducted exclusively at an
in-state lab given the amount of funding already granted.
3:54:46 PM
MR. KANARIS responded that the only potential need for
outsourcing he could foresee would be in response to staff
shortages or if technological advancements surpassed the lab's
capabilities. For example, if a new DNA technique became
available that the in-state lab could not immediately implement,
it might take a year or 18 months to set up and validate new
services. In such cases, discussions with department leadership
would determine whether outsourcing is necessary. However, the
intent is to avoid outsourcing kits whenever possible.
3:55:42 PM
SENATOR CLAMAN asked about the implications of adding an
amendment to prioritize keeping testing within Alaska. He
explained that if the legislature decided to ensure all testing
remains in Alaska, an amendment could stipulate that testing
must be done either in the crime lab or not at all. This would
prevent sending tests to other locations, such as Seattle, even
if there were advancements in testing technology or
circumstances that might suggest better testing options
elsewhere. Under the current language, sending tests to Seattle
or other locations would be permitted.
3:56:25 PM
MR. KANARIS replied that he believes that is accurate.
3:56:46 PM
CHAIR KAWASAKI concluded invited testimony and opened public
testimony on SB 193.
3:57:15 PM
TARA HENRY, representing self, Anchorage, Alaska, testified with
concerns on SB 193. She said that the proposed mandate requiring
healthcare providers to notify law enforcement within seven days
of collecting a sexual assault kit will have unintended negative
consequences. She explained that this deadline was established
without consulting Alaska's healthcare agencies, including
forensic nurses. She highlighted the challenges faced by
forensic nursing programs, such as the extensive documentation
required and the high volume of patients, which make meeting the
seven-day deadline difficult. The process involves several
steps, including patient care, documentation, and quality
assurance, which can take substantial time. Enforcing this
deadline could lead to increased financial burdens for hospitals
due to overtime costs, additional stress on forensic nursing
staff, and potential staffing shortages. She also mentioned that
there are no provisions in the legislation for funding to cover
these costs. Furthermore, she pointed out that Alaska's forensic
nursing programs have only recently begun using the tracking
system and have not yet received preliminary data from the Crime
Lab for review. She argued that legislating a deadline without
sufficient data or consultation could negatively impact the
quality of care for sexual assault victims. She recommended
tabling the seven-day deadline until the 2025 legislative
session to allow time for data analysis from at least a year's
time and discussions with forensic nursing programs to establish
a more reasonable and attainable deadline that would not be
detrimental to the healthcare services provided.
4:01:37 PM
SENATOR CLAMAN asked if she could recommend a more reasonable
timeline than the seven-day deadline.
4:01:51 PM
MS. HENRY replied that, given the size of the forensic nursing
program, it would likely take a minimum of 10 days, with a
maximum of 14 days, to meet the deadline for releasing kits. She
explained that if a nurse finishes a case and then takes several
days off, they will not be able to finalize the packaging and
documentation of the kit until they return, unless they are
forced to work on their days off. She noted that a seven-day
window might not be sufficient, and she estimated that a 10-day
deadline would be more appropriate based on how long it takes to
complete the required tasks.
4:03:12 PM
SENATOR CLAMAN asked whether it would be acceptable to handle
the timeline for releasing sexual assault kits through
regulations rather than specifying it in statute. She suggested
that having the Department of Public Safety work with providers
to issue regulations could provide more flexibility. This
approach would allow time for research to determine a reasonable
deadline and would enable adjustments to the regulations if the
initial timeline proved impractical. He expressed concern about
the potential issues with the current legislative proposal and
sought her perspective on whether this regulatory approach would
be preferable.
4:04:25 PM
MS. HENRY replied that it would be a more appropriate approach
than what is currently written under SB 193. This would allow
the Department of Public Safety to review data for a year,
consult with key stakeholders, such as healthcare providers, and
then determine a more appropriate timeline based on their
findings.
4:05:04 PM
SENATOR WIELECHOWSKI asked about page 1, line 6 of SB 193, which
states that a sexual assault examination kit is used to gather
evidence. He inquired whether the primary purpose of the sexual
assault kit is indeed for gathering evidence or if it serves
another purpose when used by a healthcare provider.
4:05:32 PM
MS. HENRY clarified that the sexual assault evidence collection
kit is specifically designed to gather forensic samples related
to the reported sexual assault. The kit is used to collect swabs
from different areas of the body, based on the patient's
reported history and the forensic nurse's assessment of where
DNA is most likely to be found. The kit is focused solely on
forensic sample collection and does not include items for other
medical testing or needs.
4:06:38 PM
SENATOR WIELECHOWSKI noted that a standard definition for a
sexual assault examination kit is absent in the bill and if
there is a standard kit provided by DPS or another organization.
4:06:54 PM
MS. HENRY replied that AKSCDL provides standard evidence
collection kits to all healthcare providers. In the new tracking
system, the kit inventory is monitored based on usage levels.
When the stock reaches a predefined threshold, the system
automatically places an order with the crime lab. The crime lab
then notifies the providers when the kits are ready for pickup,
which typically occurs every two to three months, depending on
storage capacity.
4:08:04 PM
SENATOR WIELECHOWSKI asked if she knows how many kits are used
by health care providers to gather evidence in the state on an
annual basis.
4:08:17 PM
MS. HENRY replied that while she does not have statewide numbers
for sexual assault kits, she can report that the Alaska
Comprehensive Forensic Training Academy (ACFTA) program in
Anchorage handles over 300 kits. She suggested that the state
crime lab might be able to provide data on the total number of
kits received statewide.
4:08:52 PM
SENATOR WIELECHOWSKI asked if over 300 kits are used annually.
4:08:57 PM
MS. HENRY replied yes.
4:09:09 PM
MR. KANARIS stated that the state receives around 400 to 450
sexual assault kits per year. However, not every sexual assault
case results in a kit; some cases involve evidence such as
clothing or other items rather than direct samples from the
victim. Overall, the state handles approximately 600 to 650
sexual assault cases requesting DNA analysis annually, with the
number of sexual assault kits falling between 400 and 450.
4:09:57 PM
CHAIR KAWASAKI noted that he worked in a hospital emergency room
in the past and recalled having an established staffer on-call.
He asked her to describe the typical timeframe of a work shift
for a nurse.
4:10:53 PM
MS. HENRY replied that it depends on the community and location.
In Anchorage, nurses work three days per work, 12-hour shifts,
which is typical. Staff on call supplement and must meet a
certain number per month. Other programs in the state might have
one nurse assigned to the forensic nursing program and might
work 1-2 days per week. The vast majority in rural communities
work full-time jobs elsewhere and take on-call shifts on top of
their shifts. On days off, nurses take on any number of shifts
and essentially work two jobs to provide service. Sometimes,
forensic nurses are scarce, so victims might need to be flown
into Anchorage for testing and care.
4:13:33 PM
SENATOR BJORKMAN asked is forensic nurses are mandated to remain
beyond their normal work shift hours.
4:13:51 PM
MS. HENRY replied no. Forensic nurses do not mandate staff to
come in and work overtime. The only time would be in the middle
of an examination at the time of their shift. These nurses are
asked, but cannot be forced.
4:14:57 PM
SENATOR BJORKMAN asked if there are instances where nurses are
required to work beyond their scheduled shift hours.
4:15:05 PM
MS. HENRY replied no, not for forensic nursing services.
4:15:19 PM
SENATOR BJORKMAN asked if, in her experience, there are times
when other types of nurses are mandated to come in for work.
4:15:30 PM
MS. HENRY replied that a national emergency might necessitate a
work mandate. However, unless a nurse is on call, they cannot be
required to come in on their day off.
4:16:39 PM
LAUREE MORTON, Alaska Network on Domestic Violence and Sexual
Assault, testified in support of SB 193. She emphasized the
importance of allowing victims access to information about their
rape kits and receiving automatic notifications of the kits'
status. This represents a significant step forward in providing
victim-centered responses throughout the criminal justice
system. She recalled that Alaska adopted the Sexual Assault
Response Team (SART) model in the late 1990s, which coordinated
efforts to minimize further trauma for victims, ensuring their
rights and choices are prioritized during interviews and
examinations. She highlighted past progress, such as prohibiting
healthcare facilities from charging victims for rape exam kits,
a law established in 2000. She noted that recent legislative
actions addressed the backlog of unprocessed kits and mandated
victim notification when kits were tested. SB 193 aims to
implement a tracking system, allowing victims to follow the
progress of their kits from collection through testing. She
wondered whether the state is nearing the finish line in
ensuring victims are treated with dignity and respect, can make
informed choices about interacting with the system, and receive
necessary support. She suggested including the right to know the
testing date and location of their sexual examination kit in the
crime victims' rights statute under AS 12.61.010 and ensuring
victims are informed of this right by amending AS 18.65.865(c).
However, she acknowledged that there is room for further
advancement.
4:20:03 PM
SENATOR CLAMAN asked her to repeat the specific sections she
referenced that she believes require further amendments.
4:20:10 PM
MS. MORTON replied that she recommends amending AS 12.61.010,
which currently outlines 15 crime victim's rights. She proposes
adding a 16th right, ensuring that victims have access to
information about their sexual assault exam kit. Additionally,
she suggested amending AS 18.65.865(c), which mandates that DPS
create a notice distributed to all law enforcement agencies
across the state. This notice, which peace officers must provide
to victims of sexual assault or stalking, informs them of all
their rights.
4:21:10 PM
SENATOR CLAMAN asked if she could provide recommendations in
writing.
4:21:44 PM
CHAIR KAWASAKI closed public testimony on SB 193.
4:22:37 PM
MR. KANARIS explained that this timeframe was established in
collaboration with the statewide forensic nurse practitioner
training coordinator, based on best practices recommended by the
National Institute of Justice, which suggests a 24 to 48-hour
turnaround. However, recognizing the unique challenges in
Alaska, particularly in rural areas, a seven-day standard was
agreed upon. He noted that their program coordinator for the
Sexual Assault Kit tracking software and the statewide forensic
nurse practitioner trainer conducted extensive training across
the state, reaching over 700 participants in 145 sessions. The
effort aimed to ensure compliance with the seven-day turnaround
goal. He shared that, based on data from the first six months,
the average turnaround time for processing 250 kits was 6.8
days, indicating most agencies are meeting the standard.
However, he expressed concerns about some kits taking
significantly longer, with instances of kits sitting for over
20, 30, or even 60 days. This variability prompted the
establishment of a formal turnaround time. Among the 32 states
with a sexual assault kit tracking system, 14 have mandated
turnaround times for medical providers. The most common standard
is 24 hours, with some states requiring as few as four hours,
and only one state aligning with Alaska's seven-day timeframe.
4:24:59 PM
CHAIR KAWASAKI asked him to clarify the timeline to process kits
from a medical provider to law enforcement.
4:25:16 PM
MR. KANARIS clarified that the seven-day timeframe refers to the
period from when a medical provider notifies law enforcement
that a kit is available for pickup, not the time taken to
collect the kit itself. The process is divided into distinct
phases: the medical provider's turnaround time starts when they
collect the kit and ends when they notify law enforcement. Law
enforcement's turnaround time begins upon notification and ends
when they submit the kit to the lab. The lab's turnaround time
covers the period from when the kit is received in the lab until
testing is complete.
4:25:54 PM
SENATOR WIELECHOWSKI asked if the turnaround time of 6.8 days is
a mean or a median number.
4:26:01 PM
MR. KANARIS replied that it is the mean turnaround time. He
stated his belief that the median turnaround time is two days.
4:26:16 PM
SENATOR CLAMAN cited AS 44.41.065, which currently states that
sexual assault kits must be sent to an accredited lab or AKSCDL
within 30 days after collection. He asked whether SB 193 intends
to reduce the 30-day timeframe of processing kits to seven days.
4:26:49 PM
MR. KANARIS replied that the seven-day requirement applies to
the medical provider, while the 30-day timeframe applies to law
enforcement. He clarified that the current statute does not
impose specific time requirements for the medical provider, law
enforcement, and AKSCDL.
4:27:04 PM
SENATOR CLAMAN asked whether, from DPS' perspective, it would be
preferable for the legislature to direct the department to write
regulations that are reasonable and workable with medical
providers, rather than putting the requirements into statute.
4:27:31 PM
JAMES COCKRELL, Commissioner, Department of Public Safety (DPS),
Anchorage, Alaska, answered questions related to SB 193. He
acknowledged the significant work done by nurses in
investigating and collecting evidence, noting that law
enforcement could not perform their duties without their
dedication. He also highlighted the considerable progress made
in recently clearing hundreds of old sexual assault kits from
law enforcement locker rooms. He commended the state, the
legislature, and the current administration for their efforts to
stay proactive in addressing this sensitive issue. Regarding the
question on regulations versus statutes, he stated that he does
not have a strong preference but emphasized the importance of
maintaining progress. He mentioned that similar processes are
underway in the House, and while he prefers statutory
regulations, he is open to the Senate's direction on the matter.
4:29:27 PM
CHAIR KAWASAKI held SB 193 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Support SB 131.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 131 |
| LETTER SUPPORT SB131.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 131 |
| SB 193 Sectional Analysis.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 |
| SB0193A.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 |
| SB 193 DPS Fiscal Note.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 |
| SB 193 DPS Presentation.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 |
| Letter of Support.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 Letter of Support |
| SB 193 Transmittal Letter.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 193 |
| Make.Us.Visible. AK.Support SB 131.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 131 |
| Japanese.American.Citizen.Leaugue.Alaska.Chapter. SB 131. Letter of Support.pdf |
SSTA 3/12/2024 3:30:00 PM |
SB 131 |