Legislature(2009 - 2010)Anch LIO Rm 220

08/03/2009 10:00 AM Senate JUDICIARY


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Audio Topic
10:04:26 AM Start
10:05:27 AM Reducing Sexual Assault in Alaska
10:06:56 AM Andre B. Rosay Ph.d., Director, Uaa Justice Center
11:16:17 AM Tara Henry, Rn, Sane
01:40:38 PM Anchorage Police Department
02:19:20 PM Aleutian Pribilof Island Association
02:32:24 PM Department of Public Safety
03:54:56 PM Department of Law
04:29:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Reducing Sexual Assault in Alaska
Agenda:
Dr. Andre B. Rosay, UAA Justice Center
Tara Henry, Sexual Assault Nurse
Examiners Program
12:00 - 1:30 p.m. Break
Lt. Michelle Bucher, Anchorage Police
Department
Richard Crousie, Aleutian Pribilof
Islands Association VPSO Program
Commissioner Joe Masters, Department of
Public Safety
Sue McLean, Alaska Department of Law
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               SENATE JUDICIARY STANDING COMMITTEE                                                                            
                         ANCHORAGE, AK                                                                                        
                         August 3, 2009                                                                                         
                           10:02 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Lesil McGuire                                                                                                           
Senator Gene Therriault                                                                                                         
Senator Dennis Egan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Davis                                                                                                                   
Senator Dyson                                                                                                                   
Representative Fairclough                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Reducing Sexual Assault in Alaska                                                                                               
     HEARD                                                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
See 3/25/09 Senate Judiciary minutes.                                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANDRE B. ROSAY Ph.D., Director                                                                                                  
Justice Center                                                                                                                  
University of Alaska Anchorage                                                                                                  
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Presented UAA Research on Sexual Assault.                                                                
                                                                                                                                
TARA HENRY, Forensic Nurse                                                                                                      
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska from the perspective of a forensic                                                                     
nurse.                                                                                                                          
                                                                                                                                
SERGEANT KEN MCCOY                                                                                                              
Anchorage Police Department                                                                                                     
Municipality of Anchorage                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska from the APD perspective.                                                                              
                                                                                                                                
RICHARD KRAUSE, VPSO Coordinator                                                                                                
Aleutian Pribilof Island Association                                                                                            
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska from the VPSO perspective.                                                                             
                                                                                                                                
JOSEPH MASTERS, Commissioner                                                                                                    
Department of Public Safety                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska on behalf of DPS.                                                                                      
                                                                                                                                
COLONEL AUDIE HOLLOWAY, Division Director                                                                                       
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska from the AST perspective.                                                                              
                                                                                                                                
KATIE TEPAS, Acting Director                                                                                                    
Council on Domestic Violence and Sexual Assault and                                                                             
Program Coordinator                                                                                                             
Alaska State Troopers                                                                                                           
Department of Public Safety                                                                                                     
POSITION STATEMENT:  Contributed to the discussion on reducing                                                                
sexual assault in Alaska.                                                                                                       
                                                                                                                                
RICK SVOBODNY, Deputy Attorney General                                                                                          
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Described the DOL process in prosecutions                                                                
of sexual assault and sexual abuse of a minor.                                                                                  
                                                                                                                                
SUSAN MCLEAN, Chief Assistant Attorney General                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Explained DOL sexual abuse and sexual                                                                    
assault case referral and acceptance data.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
10:04:26 AM                                                                                                                   
CHAIR  HOLLIS  FRENCH  called  the  Senate  Judiciary  Standing                                                               
Committee meeting to order at 10:02 a.m.  Senators Wielechowski,                                                                
Therriault, Egan, and French were present at the call to order.                                                                 
Representative Fairclough, Senator Dyson and Senator Davis also                                                                 
were in attendance.                                                                                                             
                                                                                                                                
               ^REDUCING SEXUAL ASSAULT IN ALASKA                                                                           
                                                                                                                                
CHAIR FRENCH stated that the committee meets today in the shadow                                                                
of  two shocking sex  assault cases  that recently  occurred in                                                                 
Anchorage. One case involved an Anchorage police officer and the                                                                
other  a potential  serial rapist who  is  still at  large. The                                                                 
resulting  attention  provides  an   opportunity  to  bring  an                                                                 
awareness of this a long-standing Alaskan tragedy to the greater                                                                
public. He said it's worth pointing out that these cases aren't                                                                 
really emblematic  of what the  professionals who work  in this                                                                 
area do on a day-to-day basis. He related that he prosecuted sex                                                                
assault cases when he worked in the Anchorage DA's office and he                                                                
found each one to be shocking. They occurred almost daily.                                                                      
                                                                                                                                
The impetus  for the  hearing today sprang  from a presentation                                                                 
that Andre Rosay  Ph.D. gave to the  committee in Juneau during                                                                 
the last legislative session. The committee learned that during                                                                 
2003 and 2004 some 1,184 cases of sex assault and sex abuse of a                                                                
minor were reported to the Alaska State Troopers. As those cases                                                                
worked through  the system  the attrition  was substantial; the                                                                 
result was 217  convicted sex offenders. The hearing today will                                                                 
ask: what  happened to the  other 967 cases;  did the troopers,                                                                 
VPSOs, SART nurses,  and DA's office have  the tools they need;                                                                 
and  where is  it  best  to  allocate resources  to  bring more                                                                 
offenders to justice.                                                                                                           
                                                                                                                                
Over the years  the Legislature has put significant effort into                                                                 
this issue. Sentences for all sex crimes have been substantially                                                                
increased, particularly for repeat sex  offenders who no longer                                                                 
get a reduction in  their sentence while they are in prison. He                                                                 
thanked Senator McGuire in particular who directed attention to                                                                 
the containment model, which was developed in Colorado and uses                                                                 
strict  parole conditions including  the  use of  polygraphs on                                                                 
convicted sex offenders.                                                                                                        
                                                                                                                                
10:05:27 AM                                                                                                                   
^ANDRE B. ROSAY Ph.D., Director, UAA Justice Center                                                                             
ANDRE B.  ROSAY Ph.D., Director,  Justice Center, University of                                                                 
Alaska  Anchorage (UAA),  introduced himself and  said  he will                                                                 
present some of the of research that has been done in Alaska and                                                                
show some key statistics to  frame the discussions for the day.                                                                 
The  presentation  will  include  an  overview of  the  federal                                                                 
statistics in the Uniform Crime  Reports (UCR) as well as state                                                                 
and local data that has been collected. He will present some key                                                                
results focusing on  age, race,  and alcohol use;  he will talk                                                                 
about  key implications  that  have emerged  from  the research                                                                 
that's been  done in  Alaska; and he  will mention some  of the                                                                 
additional research needs that are important for the state.                                                                     
                                                                                                                                
MR. ROSAY  thanked the Council on  Domestic Violence and Sexual                                                                 
Assault, the U.S. Department of  Justice, and the University of                                                                 
Alaska Anchorage for funding the  research. He also thanked the                                                                 
Alaska  Department  of  Law,  the  Alaska State  Troopers,  the                                                                 
Anchorage Police  Department, and  Alaska sexual  assault nurse                                                                 
examiners who participated in the research.                                                                                     
                                                                                                                                
10:06:56 AM                                                                                                                   
MR. ROSAY  displayed a  line chart of  forcible rape statistics                                                                 
from the  1996 to 2008  Uniform Crime Reports  (UCR). These are                                                                 
offenses that are known  to police. The statistics include only                                                                 
forcible rape, which  is defined as "the  carnal knowledge of a                                                                 
female forcibly  and against her  will." The  rates of forcible                                                                 
rape are shown for Alaska, Anchorage, Fairbanks, and the U.S. in                                                                
general. Clearly, Alaska and Anchorage  have had a long history                                                                 
of being persistently above the  U.S. average. The 2008 data is                                                                 
just now available for Anchorage and the U.S. but 2008 data for                                                                 
Alaska and Fairbanks is not yet available. He noted that when he                                                                
was before  the committee  last he  mentioned a  non-significant                                                                
trend where the U.S. rates tended to decline over time while the                                                                
Alaska and  Anchorage rates  are increasing slightly.  The 2008                                                                 
data shows that trend continues. In  the U.S. there was a small                                                                 
decline from 2007  and 2008 and in  Anchorage there was a small                                                                 
increase.                                                                                                                       
                                                                                                                                
10:08:03 AM                                                                                                                   
CHAIR FRENCH clarified for the listening public that the Uniform                                                                
Crime Report  data includes all  offenses that  are reported to                                                                 
local and state enforcement agencies that are then passed along                                                                 
to the FBI for tabulation.                                                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked if the data is recorded manually                                                                
or electronically.                                                                                                              
                                                                                                                                
MR. ROSAY said he didn't know and although the UCRs are probably                                                                
the   best  data   sources   available,  there   are  important                                                                 
limitations. He would talk about that shortly.                                                                                  
                                                                                                                                
10:09:08 AM                                                                                                                   
MR. ROSAY displayed a chart of the 2003 to 2007 average rates of                                                                
forcible rape for the U.S., Alaska, Anchorage, and Fairbanks. It                                                                
shows that  on average, from 2003  to 2007 the  Alaska rate was                                                                 
2.62 times higher than the U.S. rate; on average, the Anchorage                                                                 
rate was 2.84 times higher  than the U.S. rate; and on average,                                                                 
the Fairbanks rate was 5 times higher than the U.S. rate.                                                                       
                                                                                                                                
Looking at  the composition of the  violent crime reports shows                                                                 
that forcible rape  is a  more common form of  violent crime in                                                                 
Alaska than  in  the U.S.  Violent crime includes  murder, non-                                                                 
negligent manslaughter, aggravated assault,  rape, and robbery.                                                                 
In  the  U.S. six  percent  of violent  crime  reported to  law                                                                 
enforcement is attributable to forcible rape; whereas in Alaska                                                                 
12  percent  of  the violent  crime  that  is  reported to  law                                                                 
enforcement is attributable to  forcible rape. However, looking                                                                 
at violent crime arrests shows essentially no difference between                                                                
the U.S. and Alaska. For the U.S. and for Alaska four percent of                                                                
violent  crime  arrests  are  attributable  to  forcible  rape.                                                                 
Obviously, there is some attrition occurring and you'll see that                                                                
at the end of the presentation, Mr. Rosay said.                                                                                 
                                                                                                                                
MR. ROSAY displayed a chart showing that on average from 2002 to                                                                
2007 the Alaska rate of forcible rape per 100,000 women was 169.                                                                
In order for Alaska not to have the highest rate in the nation,                                                                 
the number of  forcible rapes reported to law enforcement would                                                                 
need to drop  from 541 to 340. That  would be equivalent to 201                                                                 
fewer  reported forcible  rapes or  a  36 percent  decrease. He                                                                 
described the difference  between Alaska rates and  the rest of                                                                 
the U.S. as sizeable.                                                                                                           
                                                                                                                                
10:11:47 AM                                                                                                                   
MR. ROSAY displayed a slide listing the standard UCR cautions as                                                                
follows:                                                                                                                        
  · UCR statistics exclude: rapes not reported to law                                                                           
     enforcement; statutory  rapes; incapacitated  rapes; rapes                                                                 
     with  male  victims; other  sex  offenses  such as  sexual                                                                 
     assault or online enticement of minors; and rapes committed                                                                
     in  conjunction  with  more  serious offenses  such  as  a                                                                 
     homicide.                                                                                                                  
  · Reporting agencies vary by year since this is a voluntary                                                                   
     reporting program.                                                                                                         
  · Rankings are generally believed to be invalid assessments                                                                   
     because they ignore variables that affect crime such as age                                                                
     distribution. Comparing one state  to another is generally                                                                 
     considered an invalid assessment because the age structure                                                                 
     in the two  states may differ. It's known  that there is a                                                                 
     direct relationship between age structure and crime rates.                                                                 
                                                                                                                                
10:12:39 AM                                                                                                                   
CHAIR FRENCH  asked if  the conclusion is  that a state  with a                                                                 
larger  and  younger female  population  would  be more  likely                                                                 
statistically to have  a higher  instance of rape, and  if he's                                                                 
attempted to compensate for that.                                                                                               
                                                                                                                                
MR.  ROSAY replied  that  is  the conclusion  and  it would  be                                                                 
difficult to  compensate for that since  the reporting agencies                                                                 
vary so  much from year  to year. Clearly  there is need  for a                                                                 
statewide surveillance  system to collect  date from  every law                                                                 
enforcement agency in the state. "Only then will we have a true                                                                 
picture of the sexual problem that we have," he said.                                                                           
                                                                                                                                
CHAIR FRENCH asked if there are gaps in the reporting.                                                                          
                                                                                                                                
MR.  ROSAY replied  he doesn't  have details  but  participation                                                                
varies by  agency. For  instance, the  Juneau Police Department                                                                 
initially did not participate.                                                                                                  
                                                                                                                                
10:14:07 AM                                                                                                                   
REPRESENTATIVE FAIRCLOUGH explained  that at the  federal level                                                                 
states  can report  crime manually  or electronically  and that                                                                 
provides inconsistency in reporting. She added that she believes                                                                
that the troopers will speak to this.                                                                                           
                                                                                                                                
SENATOR  THERRIAULT  asked  what  specific geographic  area  is                                                                 
included in the Fairbanks statistics. .                                                                                         
                                                                                                                                
MR. ROSAY replied the Fairbanks numbers come from just the city                                                                 
of Fairbanks and the  Anchorage numbers come from just the city                                                                 
of Anchorage.                                                                                                                   
                                                                                                                                
10:15:11 AM                                                                                                                   
MR. ROSAY said  they have no  data for victimization surveys on                                                                 
forcible  rape  or  sexual  assault  for  Alaska. Samples  used                                                                 
previously for  victimization surveys were either  too small or                                                                 
did  not  have  any questions  about  forcible  rape or  sexual                                                                 
assault. They do have limited victimization surveys on domestic                                                                 
violence  showing that  rates  in Alaska  are  far  higher than                                                                 
elsewhere.  Because  true  victimization rates  are  completely                                                                 
unknown, the factors that  affect reporting differences are not                                                                 
known. He added that two factors are in play when looking at the                                                                
rates reported in the  UCR; one is the  underlying victimization                                                                
rate and the other is the reporting rate. So when Fairbanks has                                                                 
higher numbers than  Anchorage it may  be that it  has a higher                                                                 
victimization rate or it may be that structures are available in                                                                
the city  of Fairbanks that  facilitate or make  it more likely                                                                 
that residents will report a  forcible rape. At this time those                                                                 
questions can't be answered.                                                                                                    
                                                                                                                                
SENATOR DYSON asked if data is kept on the percentage of victims                                                                
who know the perpetrator.                                                                                                       
                                                                                                                                
MR. ROSAY  said he has  the data  but it isn't  included in the                                                                 
presentation today. The information is available on the Justice                                                                 
Center website.                                                                                                                 
                                                                                                                                
SENATOR DYSON asked for an estimate.                                                                                            
                                                                                                                                
MR. ROSAY  said AST shows that  most suspects are  known to the                                                                 
victim; just two percent were  strangers. Data from APD shows a                                                                 
higher percentage of  strangers. He recalled that  it is higher                                                                 
than the national average, which is 16 percent.                                                                                 
                                                                                                                                
CHAIR FRENCH encouraged members who are interested in the topic                                                                 
to look at the  research reports that Dr. Rosay and the Justice                                                                 
Center have done.                                                                                                               
                                                                                                                                
10:18:02 AM                                                                                                                   
MR.  ROSAY displayed  a slide  of  the victimization  costs and                                                                 
stated  that as  a  criminologist he  is  reluctant  to try  to                                                                 
quantify the true costs of  a forcible rape. However, there are                                                                 
individuals willing  to  make  those calculations  and  he will                                                                 
summarize what  they  found. The  four  studies that  were done                                                                 
include only tangible and  intangible victim costs. They do not                                                                 
include any offender or  justice costs. Tangible costs are ones                                                                 
that are easy to measure like the cost of healthcare related to                                                                 
an assault. Intangible costs are  those that are more difficult                                                                 
to measure  like the loss of  productivity as the  result of an                                                                 
assault. Adjusted for  inflation, the average  victim costs are                                                                 
estimated  to be  about  $114,517 per  victimization.  If those                                                                 
estimates are compared to the number of forcible rapes that are                                                                 
reported in  Alaska, you find  that total victim  costs in 2007                                                                 
were over $60 million for Alaska, $29 million for Anchorage, and                                                                
nearly $5  million for  Fairbanks. If  Alaska were  to decrease                                                                 
rates of forcible rape by 36 percent so as to not be highest in                                                                 
the nation,  it would result in  a $22 million  cost savings to                                                                 
Alaska, nearly $11 million  to Anchorage, and nearly $2 million                                                                 
to Fairbanks.                                                                                                                   
                                                                                                                                
MR. ROSAY said the state and local data that the Justice Center                                                                 
looked at  included four basic  sets of studies.  Those are the                                                                 
Alaska Sexual  Assault Nurse Examiner (SANE)  Study, the Alaska                                                                 
State Trooper studies, the Anchorage Police Department studies,                                                                 
and the Alaska Department of Law studies. All the information is                                                                
available    on     the     Justice    Center     website    at                                                                 
http://justice.uaa.alaska.edu/vaw. He reminded members that all                                                                 
the studies  the Justice Center has  done include only offenses                                                                 
that  were  reported to  law  enforcement.  We  know absolutely                                                                 
nothing  about  the offenses  that  were  not  reported to  law                                                                 
enforcement in Alaska, but we do know that nationally 52 percent                                                                
of  sexual assaults are  not reported  to law  enforcement, Mr.                                                                 
Rosay said.                                                                                                                     
                                                                                                                                
10:20:51 AM                                                                                                                   
CHAIR FRENCH asked him  to highlight the difference between the                                                                 
information that is  gathered from a victimization study versus                                                                 
the  information that  comes  from  a  reported  rape; why  the                                                                 
information might be  different, and the  potential weakness of                                                                 
the victimization studies.                                                                                                      
                                                                                                                                
MR.   ROSAY  explained   that  the   primary  advantage   of  a                                                                 
victimization survey is that information might be obtained from                                                                 
offenses that are not reported to law enforcement. It would also                                                                
allow identification of hidden populations that have high rates                                                                 
of victimization that for some reason are unable to report.                                                                     
                                                                                                                                
CHAIR  FRENCH  said  his  understanding  is  that  victimization                                                                
surveys are telephone surveys and  would represent just a small                                                                 
segment of the population.                                                                                                      
                                                                                                                                
MR. ROSAY  agreed that just  a sample of  the Alaska population                                                                 
would be  polled in a  sophisticated telephone survey. He added                                                                 
that asking someone if  they have been a victim  of rape is not                                                                 
likely to provide a valid estimate, but other types of questions                                                                
elicit more  reliable and valid  information. Those surveys are                                                                 
done at  a national  level, but the  samples in Alaska  are too                                                                 
small to be useful.                                                                                                             
                                                                                                                                
10:22:39 AM                                                                                                                   
REPRESENTATIVE FAIRCLOUGH said now that there is  non-reporting,                                                                
people in  Anchorage can disclose to  the municipality's Health                                                                 
and Human  Service Department, which  provides a new  stream of                                                                 
data. She noted that Anchorage has health powers where the rest                                                                 
of the state  does not, but the federal government now requires                                                                 
retention of DNA samples from people who choose not to report.                                                                  
                                                                                                                                
CHAIR FRENCH asked Mr. Rosay to confirm that the Justice Center                                                                 
does conduct victimization surveys, but because the sample size                                                                 
is very small it's difficult to extrapolate what the unreported                                                                 
rape rates might be for the entire state.                                                                                       
                                                                                                                                
MR. ROSAY said that is correct. He added that although anonymous                                                                
reporting is moving forward, the victim still has to report to a                                                                
health official  and a  lot of  victims simply won't  report to                                                                 
either law enforcement or a health official.                                                                                    
                                                                                                                                
CHAIR FRENCH commented that it is difficult for a lot of people                                                                 
to understand why  a victim of a  crime would not tell someone,                                                                 
but it happens with stunning regularity.                                                                                        
                                                                                                                                
10:24:38 AM                                                                                                                   
SENATOR THERRIAULT asked if Representative Fairclough is saying                                                                 
that even if a person chooses not to report there is a way that                                                                 
the data gets into the system.                                                                                                  
                                                                                                                                
10:25:02 AM                                                                                                                   
REPRESENTATIVE FAIRCLOUGH explained that the federal government                                                                 
now requires  cities that receive federal funding  to provide a                                                                 
way for a  rape victim to self report  so that they can receive                                                                 
appropriate medical care without going to law enforcement.                                                                      
                                                                                                                                
MR.  ROSAY continued  with the  presentation and  said  that in                                                                 
addition to focusing only on  offenses that are reported to law                                                                 
enforcement, all the information that the Justice Center has was                                                                
obtained from official reports. In some ways we are documenting                                                                 
the  report  characteristics, which  may  not  be  the  offense                                                                 
characteristics, he said. That is particularly true when victims                                                                
have used  alcohol because many  of the offense  characteristics                                                                
may remain unknown  and would not be found  in a police report.                                                                 
Also, the data collection is only up to 2006 because it's linked                                                                
to legal resolutions which take time to occur.                                                                                  
                                                                                                                                
MR.  ROSAY  highlighted that  certain  difficulties arise  when                                                                 
interpreting the  results because of  an  inability to separate                                                                 
differences  in   victimization   rates  from   differences  in                                                                 
reporting. For example, if rates are higher among 15 to 19 year                                                                 
olds there  are several possible reasons. This  age group truly                                                                 
could have higher victimization rates  or it could be reporting                                                                 
at a higher rate or  both could be true. At this point we can't                                                                 
figure that out, he  said. Likewise, if 15 to  19 year olds are                                                                 
found to  be less likely  to use  alcohol it could simply  be a                                                                 
reporting difference because younger victims may be less likely                                                                 
to report that they had used alcohol at the time of the assault.                                                                
                                                                                                                                
CHAIR FRENCH asked  if anyplace in the nation  has been able to                                                                 
integrate their data to the point that they have a statistically                                                                
valid picture of rape rates.                                                                                                    
                                                                                                                                
MR. ROSAY  replied he's not aware  of any place,  but Alaska is                                                                 
ready to move to the next level and get a true picture of what's                                                                
happening.   Victimization  surveys   are   possible   as   are                                                                 
surveillance systems that he'll describe.                                                                                       
                                                                                                                                
CHAIR  FRENCH said  when that  idea  is close  to  fruition the                                                                 
committee would certainly like to see it in writing.                                                                            
                                                                                                                                
10:28:35 AM                                                                                                                   
MR. ROSAY conceded  that from a policy and  a research point of                                                                 
view it's difficult and frustrating not  to be able to separate                                                                 
the  victimization and  reporting differences. On  one  hand if                                                                 
there are  higher victimization  rates in  Alaska, then  a very                                                                 
important segment of the population is not being protected. That                                                                
is ultimately a sign  of failure. Alternatively, it's a sign of                                                                 
success if  reporting rates are  actually higher in  Alaska. It                                                                 
means that a  system is in  place that makes people comfortable                                                                 
with reporting.  At this point  we don't  know which it  is, he                                                                 
said.                                                                                                                           
                                                                                                                                
MR.  ROSAY  displayed  a  slide  showing that  the  SANE  study                                                                 
collected 1,699  medical forensic  records. 1,383  records were                                                                 
collected from  Anchorage  in 1996  to  2004, 105  records were                                                                 
collected  from  Bethel  in  2005  to  2006, 144  records  were                                                                 
collected from Fairbanks in 2005 to 2006 and relatively smaller                                                                 
numbers were collected from  Homer, Kodiak, Kotzebue, Nome, and                                                                 
Soldotna in 2005.                                                                                                               
                                                                                                                                
The AST study examined 989 reports of sexual assault and sexual                                                                 
abuse of  a minor in  2003 and  2004. He displayed a  state map                                                                 
showing the geographic distribution of  the cases broken out by                                                                 
trooper  detachment.  49  percent of  the  cases  came  from  C                                                                 
Detachment in Western Alaska, 16  percent from D Detachment, 11                                                                 
percent from B Detachment, 11  percent from E Detachment, and 4                                                                 
percent from A detachment. Obviously something is happening in C                                                                
Detachment, but the data does not show what that is. It could be                                                                
that victimization rates are higher or it could be that they are                                                                
reporting at a higher level.                                                                                                    
                                                                                                                                
MR. ROSAY said  that the Justice Center has  done three sets of                                                                 
studies with the  Anchorage Police Department beginning in 2000                                                                 
and  ending in  2005.  In the  Department of  Law  studies they                                                                 
examined all  cases  reported to  law enforcement  and followed                                                                 
those through the system. They were looking at which cases were                                                                 
referred  for  prosecution,  which   cases  were  accepted  for                                                                 
prosecution, and which cases resulted in any type of conviction.                                                                
He  emphasized that a  caveat to  the DOL  studies is  that the                                                                 
conviction may not be for sexual assault; it may be a conviction                                                                
for a reduced charge.                                                                                                           
                                                                                                                                
10:31:11 AM                                                                                                                   
MR. ROSAY said the key results he will cover include victim and                                                                 
suspect characteristics with respect to  race, age, alcohol use                                                                 
as well  as the  legal resolutions with respect  to whether the                                                                 
case was referred, accepted, or resulted in a conviction.                                                                       
                                                                                                                                
He displayed  a pie  chart looking at  race of  the victims and                                                                 
suspects in AST and SANE studies. In the AST study over half of                                                                 
the victims and  suspects were Alaska Native. Similarly, in the                                                                 
Fairbanks SANE  study  slightly over  half of  the  victims and                                                                 
suspects  were Alaska  Native.  In the  SANE  study  from rural                                                                 
locations  the majority  of  victims and  suspects  were Alaska                                                                 
Native. It's slightly different in the Anchorage SANE study with                                                                
slightly over half of the victims and slightly over one quarter                                                                 
of the suspects being Alaska Native.                                                                                            
                                                                                                                                
MR. ROSAY displayed a bar  graph of the rates of sexual assault                                                                 
reported to APD  by victim race for the years  2000 to 2003. It                                                                 
demonstrates  clearly that  Alaska  Natives  have  significantly                                                                
higher rates than other ethnic groups [20.1 per 1,000 for Alaska                                                                
Natives followed by 4.0 per  1,000 for Blacks]. Again, he said,                                                                 
this   could  be   a  reporting   difference,  a   victimization                                                                
difference, or it could be both. Looking at the race of suspects                                                                
in those same  APD studies show that the  highest rates are for                                                                 
Black suspects [17.2 per 1,000] followed by Native suspects [9.9                                                                
per 1,000] and Hispanic suspects [6.2 per 1,000].                                                                               
                                                                                                                                
10:33:00 AM                                                                                                                   
MR. ROSAY said that in  every study the Justice Center has done                                                                 
over half the assaults  are within the same racial group, which                                                                 
contradicts some reports produced on sexual assaults in Alaska.                                                                 
Intraracial  assaults  were  particularly common  among  Native                                                                 
suspects. [In the APD study 79 percent of Alaska Native suspects                                                                
assaulted an Alaska Native victim; in the SANE study 88 percent                                                                 
of Alaska Native suspects assaulted an Alaska Native victim, and                                                                
in  the  AST  studies  94  percent  of  Alaska Native  suspects                                                                 
assaulted an Alaska Native victim].                                                                                             
                                                                                                                                
MR. ROSAY displayed a bar graph of the number of sexual assaults                                                                
reported to AST by victim age. 11 percent of the victims were 0                                                                 
to 5 years of age; 25 percent of the victims were 6 to 12 years                                                                 
of age; and 29 percent were 13 to 12 years of age. 65 percent of                                                                
victims are under 16 years of age.                                                                                              
                                                                                                                                
10:34:21 AM                                                                                                                   
CHAIR  FRENCH said  the  statistics are  heartbreaking and  the                                                                 
committee is  meeting today to try  to figure out  how to build                                                                 
stronger cases to address this problem.                                                                                         
                                                                                                                                
SENATOR DYSON said although it's not the subject of the meeting                                                                 
today he  doesn't want members to  lose track of  the fact that                                                                 
approximately one-third of minors who are sexually assaulted are                                                                
boys.                                                                                                                           
                                                                                                                                
CHAIR FRENCH  agreed that it's  the women and  children of both                                                                 
sexes in this state that are being victimized.                                                                                  
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  drew  on  her  past  experience  as                                                                 
executive director of STAR and cautioned members not to minimize                                                                
the fact that although just a small number of adult males report                                                                
rape, it  does not  mean that  a larger  number of  adult males                                                                 
haven't experienced rape. Children don't have an opportunity not                                                                
to  report so  without a  victimization or  baseline  study for                                                                 
comparison it's not possible to say whether or not the number of                                                                
sexual  assaults on  children  in  Alaska  is  higher than  the                                                                 
national average.                                                                                                               
                                                                                                                                
SENATOR MCGUIRE asked the national average of sexual assault of                                                                 
children.                                                                                                                       
                                                                                                                                
MR. ROSAY replied he doesn't know but the data is available.                                                                    
                                                                                                                                
SENATOR  MCGUIRE  commented  that  the   meeting  today  is  an                                                                 
opportunity to find out how to improve data collection.                                                                         
                                                                                                                                
10:37:41 AM                                                                                                                   
MR. ROSAY displayed a slide comparing the age of sexual assault                                                                 
victims  in AST  and  APD  cases, which  shows  that  the large                                                                 
percentage of young sexual assault victims is somewhat unique to                                                                
AST data.  Data from the  Anchorage Police Department indicates                                                                 
that over half  the victims that report to APD  are 21 years of                                                                 
age or older.                                                                                                                   
                                                                                                                                
CHAIR FRENCH asked if he has an explanation for the difference.                                                                 
                                                                                                                                
MR. ROSAY said not at this point.                                                                                               
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  related that  there  are established                                                                 
protocols at APD to send  children to the Care Center and older                                                                 
age groups to other centers. That could impact reporting if AST                                                                 
doesn't have similar protocols when they do their counting.                                                                     
                                                                                                                                
SENATOR  THERRIAULT asked  if  APD data  is  being  compared to                                                                 
statewide AST data or to Anchorage area AST data.                                                                               
                                                                                                                                
MR. ROSAY  explained that the data  includes any sexual assault                                                                 
reported  to AST  and  any sexual  assault reported  to  APD. A                                                                 
relatively small number of the assaults reported to APD may have                                                                
occurred outside the Municipality of  Anchorage and the reports                                                                 
to  AST could  come  from  anywhere within  their  jurisdiction.                                                                
Reports to other local or municipal law enforcement agencies are                                                                
not included in this data.                                                                                                      
                                                                                                                                
10:40:51 AM                                                                                                                   
SENATOR THERRIAULT asked if it's possible to infer that AST data                                                                
is from the more rural areas.                                                                                                   
                                                                                                                                
MR. ROSAY replied that's generally true.                                                                                        
                                                                                                                                
He clarified that even though the percentage of sexual assaults                                                                 
reported  to  APD  is  relatively  small  for younger  victims,                                                                 
calculating the rates does give a slightly different picture.                                                                   
                                                                                                                                
10:41:41 AM                                                                                                                   
A  bar graph  looking  at sexual  assaults reported  to  AST by                                                                 
suspect age shows that the most common age was 21 to 30 [236 or                                                                 
25 percent] and the next most common age was 16 to 20 [210 or 22                                                                
percent]. The next  slide comparing the age of  suspects in AST                                                                 
cases  to the  age of  suspects in  APD cases  shows relatively                                                                 
little difference. The  real differences between  the cases are                                                                 
found in  victim ages and not  suspect ages. At  least with AST                                                                 
cases, the data implies that younger victims are being sexually                                                                 
assaulted  by  older  individuals. The  five  most  common  age                                                                 
combinations in AST data are as follows:                                                                                        
   1. Victims 0 to 12 years old who are assaulted by suspects                                                                   
      who are 31 years of age or older.                                                                                         
   2. Victims 13 to 15 years old who are assaulted by suspects                                                                  
      who are 16 to 20 years old.                                                                                               
   3. Victims 13 to 15 years old who are assaulted by suspects                                                                  
      who are 21 to 30 years old.                                                                                               
   4. Victims 13 to 15 years old who are assaulted by suspects                                                                  
      who are 31 years of age or older.                                                                                         
   5. Victims who are 31 years of age or older who are assaulted                                                                
      by suspects who are also 31 years of age or older.                                                                        
                                                                                                                                
Together, these five combinations account for 48 percent of the                                                                 
cases that the troopers see.                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked if the  data has been sorted to                                                                 
know  if any  of  the reports,  particularly numbers  2  and 3,                                                                 
involve consensual sex with parents reporting statutory rape.                                                                   
                                                                                                                                
MR. ROSAY replied they haven't done that data sort.                                                                             
                                                                                                                                
SENATOR THERRIAULT asked why he is using the term suspect rather                                                                
than perpetrator.                                                                                                               
                                                                                                                                
MR. ROSAY replied law enforcement uses that term.                                                                               
                                                                                                                                
SENATOR DYSON said  the person has not  been adjudicated so the                                                                 
term suspect is a more accurate term.                                                                                           
                                                                                                                                
CHAIR FRENCH agreed that at this stage of the proceeding you can                                                                
authoritatively call the person a suspect.                                                                                      
                                                                                                                                
10:44:29 AM                                                                                                                   
MR. ROSAY  said that with APD  data they are  able to calculate                                                                 
rates of  victimization. Even though the number  of reports for                                                                 
younger  victims  was  smaller  in   APD  data,  the  rates  of                                                                 
victimization are much higher. He displayed a slide of four-year                                                                
rates of  victimization per  1,000. It  shows that  the highest                                                                 
rates are for individuals who are 15 to 19 years of age followed                                                                
by individuals who are  20 to 24 years of  age. As with all the                                                                 
previous  results, it  is  not  known  if  these  are reporting                                                                 
differences or victimization differences.                                                                                       
                                                                                                                                
MR. ROSAY displayed a  slide showing information from the Youth                                                                 
Risk Behavior Survey  and explained that the data  comes from a                                                                 
survey of  public school students  who had  parental consent to                                                                 
participate. Limitations  of the  survey  are that  it excludes                                                                 
youths who  have  dropped out  of school  and students  who are                                                                 
enrolled in English as a second language (ESL) classes, special                                                                 
education classes, correspondence schools,  group home schools,                                                                 
or  correctional schools.  That  being  said,  nine percent  of                                                                 
students reported  being physically forced  to have intercourse                                                                 
against their  will. The national  average is  similar at eight                                                                 
percent so  perhaps it's a  reporting difference, but  it's not                                                                 
known if that's the case or not. Responding to a question about                                                                 
age, he  explained that the data is  collected from high school                                                                 
students so their age is basically 18 and under.                                                                                
                                                                                                                                
10:46:40 AM                                                                                                                   
MR. ROSAY displayed a slide of alcohol use in the three sets of                                                                 
studies. APD studies indicate that every year over 60 percent of                                                                
victims had  used alcohol and  over 70 percent  of suspects had                                                                 
used alcohol. The statistics are  based on what was included in                                                                 
the reports. Information that  wasn't included was not captured                                                                 
in these statistics.                                                                                                            
                                                                                                                                
In the  Alaska SANE  study they found  that over 65  percent of                                                                 
patients  had used  alcohol  in every  location  but  Homer and                                                                 
Soldotna. At  every site over  75 percent of  suspects had used                                                                 
alcohol.                                                                                                                        
                                                                                                                                
In the  AST study they found that  27 percent of sexual assault                                                                 
victims had used alcohol. He reminded members that although the                                                                 
number is lower, many of the victims were very young. They also                                                                 
found that 43 percent of suspects had used alcohol.                                                                             
                                                                                                                                
MR. ROSAY displayed a slide looking at alcohol use by victim age                                                                
in cases reported to AST.                                                                                                       
  · In victims 0 to 5 years of age, none had used alcohol prior                                                                 
     to the assault.                                                                                                            
  · In victims 6 to 12 years of age, 3 percent had used alcohol                                                                 
     prior to the assault.                                                                                                      
  · In victims 13 to 17 years of age, 27 percent had used                                                                       
     alcohol prior to the assault.                                                                                              
                                                                                                                                
A slide of alcohol use  by suspect age shows that 34 percent of                                                                 
suspects 21  to 30  years of age  had used  alcohol but younger                                                                 
suspects were less likely to do so.                                                                                             
                                                                                                                                
DR ROSAY displayed a  slide showing alcohol use by patients who                                                                 
were examined by  sexual assault nurse  examiners in Alaska and                                                                 
noted that at some sites the sample size is relatively small.                                                                   
  · In Kotzebue 21 patients were examined and 100 percent had                                                                   
     used alcohol prior to the assault.                                                                                         
  · In Bethel over 105 patients were examined and 71 percent                                                                    
     had used alcohol prior to the assault.                                                                                     
  · Fairbanks 119 patients were examined and 71 percent had                                                                     
     used alcohol prior to the assault.                                                                                         
  · In Anchorage 1,279 patients were examined and 66 percent                                                                    
     had used alcohol prior to the assault.                                                                                     
                                                                                                                                
This study also examined whether or not the patients were passed                                                                
out as a result of alcohol use at the time of the assault.                                                                      
  · In Anchorage 23 percent of the 1,349 patients were passed                                                                   
     out at the time of the assault.                                                                                            
  · In Bethel 46 percent of the 104 patients were passed out at                                                                 
     the time of the assault.                                                                                                   
  · in Fairbanks 31 percent of the 118 patients were passed out                                                                 
     at the time of the assaults.                                                                                               
                                                                                                                                
10:49:06 AM                                                                                                                   
SENATOR DYSON asked if  the term "incapacitated" refers only to                                                                 
patients who had passed out as a result of alcohol use.                                                                         
                                                                                                                                
MR. ROSAY replied that is correct.                                                                                              
                                                                                                                                
SENATOR EGAN asked why Juneau isn't included in the data.                                                                       
                                                                                                                                
MR. ROSAY  said the data  comes from the SANE  Study and Juneau                                                                 
didn't have a sexual assault nurse  examiner at the time of the                                                                 
study.                                                                                                                          
                                                                                                                                
10:50:12 AM                                                                                                                   
MR. ROSAY  explained that the  Department of  Law studies began                                                                 
with  all  sexual  assault  cases  that were  reported  to  law                                                                 
enforcement and then those cases were examined to see which were                                                                
referred for  prosecution. Depending  on the  particular study,                                                                 
they found that 18 to 46 percent of the cases were referred for                                                                 
prosecution meaning  that  less than  half the  cases  that are                                                                 
reported to law enforcement will be referred for prosecution.                                                                   
                                                                                                                                
CHAIR FRENCH said part of the reason for this hearing is to talk                                                                
about that statistic, but  the discussion will come later today                                                                 
with law enforcement.                                                                                                           
                                                                                                                                
10:50:39 AM                                                                                                                   
MR. ROSAY said they found that 60 to 69 percent of the referred                                                                 
cases are  accepted for prosecution. Of the  cases accepted for                                                                 
prosecution, 78 to 87  percent result in a conviction. However,                                                                 
if  those percentages  are calculated  based on  the  number of                                                                 
reported cases, the picture isn't as favorable. Again they found                                                                
that 18 to 46  percent of cases reported to law enforcement are                                                                 
referred for  prosecution, but then  they found  that 12  to 28                                                                 
percent of the  reported cases are accepted for prosecution. As                                                                 
the cases move through the system they found that just 11 to 22                                                                 
percent of reported cases will result in a conviction. In other                                                                 
words, about 78  percent of the cases that  are reported to law                                                                 
enforcement will not result in a conviction. Again, he said, the                                                                
caveat is that this is any conviction on any charge.                                                                            
                                                                                                                                
10:51:49 AM                                                                                                                   
CHAIR FRENCH said he believes that  DOL will say that years ago                                                                 
they created a very strong policy favoring a sex conviction for                                                                 
a sex crime. The years of sexual assault cases being reduced to                                                                 
misdemeanor assaults are long  past, but it still  goes back to                                                                 
the point that for 1,000 reported rapes some 800 to 900 cases do                                                                
not result in a conviction.                                                                                                     
                                                                                                                                
MR. ROSAY agreed  and said the natural question is  to ask what                                                                 
factors affect the  likelihood that cases will  be referred for                                                                 
prosecution,  accepted  for   prosecution,  and  result   in  a                                                                 
conviction. He  highlighted  that what  does  not  affect those                                                                 
likelihoods is geography. If cases from Bush Alaska are compared                                                                
to cases from non-Bush  Alaska (off the road system), the cases                                                                 
that are from  off the road system are  never less likely to be                                                                 
referred, they are  never less likely to  be accepted, and they                                                                 
are never  less likely to be  convicted than cases  from on the                                                                 
road  system.  Similarly, geography  does  not  seem to  affect                                                                 
whether or not a case is founded.                                                                                               
                                                                                                                                
CHAIR FRENCH asked  Mr. Rosay to take  his time discussing this                                                                 
slide because one of the more persistent myths in Alaska is that                                                                
people  in some  parts  of  the state  are  under-served, over-                                                                 
victimized, and  under-prosecuted when  it comes  to  crimes of                                                                 
sexual assault.  He said that  when he read  the Justice Center                                                                 
summer report from last year he was stunned to read how much the                                                                
evidence  rebuts   that  charge.  It   speaks  highly   to  the                                                                 
professionalism of the troopers and  the DOL prosecutors and it                                                                 
says  good things  about the  state. It  is  a myth  that cases                                                                 
against people in the Bush are treated less seriously than cases                                                                
in Anchorage.                                                                                                                   
                                                                                                                                
10:53:57 AM                                                                                                                   
SENATOR DYSON said  he'd also like  to know it's  not true that                                                                 
victims who  are Alaska Native  women in  Anchorage are treated                                                                 
less  fairly   than  non-Native  victims.   He  suggested  that                                                                 
legislators and others in  authority positions need to be doing                                                                 
all they can to help that over-represented class of victim.                                                                     
                                                                                                                                
MR. ROSAY continued to  review the slide looking at resolutions                                                                 
by geography  and said another way  to look at  geography is to                                                                 
compare cases in  areas that have a trooper  post to cases from                                                                 
areas that do  not have a trooper  post. In that breakdown they                                                                 
found that cases from areas that do not have a trooper post are                                                                 
never less likely to be  founded, they are never less likely to                                                                 
be referred, they are never less likely to be accepted, and they                                                                
are never less likely to result in a conviction than those cases                                                                
that come from locations that do have a trooper post.                                                                           
                                                                                                                                
10:55:30 AM                                                                                                                   
MR. ROSAY said that  through all the studies the Justice Center                                                                 
has done, they have come up with the following conclusions:                                                                     
   · Enhancing the presence of local paraprofessional police                                                                    
      does seem to make  a difference. This includes VPSO, VPO,                                                                 
      and TPO. Some of the studies have shown that having a VPSO                                                                
      on site  reduces by  40 percent  rates of  serious injury                                                                 
      caused by assault. Their  presence increases by 3.5 times                                                                 
      the likelihood that sexual assault cases will be accepted                                                                 
      for prosecution once they are referred.                                                                                   
                                                                                                                                
CHAIR FRENCH asked  what he means when  he says enhancing local                                                                 
presence.                                                                                                                       
                                                                                                                                
MR. ROSAY replied they're talking about having any presence. He                                                                 
reiterated that having a VPSO respond to an assault increases by                                                                
3.5 times  the likelihood  that the  case will be  accepted for                                                                 
prosecution.                                                                                                                    
                                                                                                                                
CHAIR FRENCH  observed that it's not  so much the  absence of a                                                                 
trooper  as the  absence  of  a first  responder  regardless of                                                                 
whether it's a trooper or a VPSO. It's not that you have to have                                                                
a  trooper, but  you  have to  have  somebody who  will respond                                                                 
immediately.                                                                                                                    
                                                                                                                                
MR. ROSAY added that  having a local presence reduces the rates                                                                 
of  injury and  it dramatically  increases the  likelihood that                                                                 
cases will  be referred for prosecution. Once  you increase the                                                                 
likelihood that cases will be accepted, then that affect funnels                                                                
through the system and results in higher conviction rates.                                                                      
                                                                                                                                
MR. ROSAY continued to outline the conclusions that the Justice                                                                 
Center has come to through the studies it has done:                                                                             
   · Strengthening local alcohol prohibitions appears to be                                                                     
      important. The rates of serious injury from assault are 36                                                                
      percent lower in dry villages compared to other villages.                                                                 
      Cases where alcohol use is involved are far less likely to                                                                
      be referred  for prosecution, and  far less likely  to be                                                                 
      accepted  for  prosecution.  Alcohol use  complicates  an                                                                 
      investigation  because  it's   difficult  to  investigate                                                                 
      offenses when details of the offense are not available.                                                                   
   · Enhancing investigations is likely the most important thing                                                                
      to increase referral. In these very difficult cases where                                                                 
      alcohol  is   involved,  the   solution  is   to  enhance                                                                 
      investigation capacity. This is particularly important to                                                                 
      the largest hurdle in the process, which is the likelihood                                                                
      of a case  being referred for prosecution. The likelihood                                                                 
      of a case being referred for prosecution more than triples                                                                
      when witnesses can be located and interviewed and when law                                                                
      enforcement has the  time and resources  available to get                                                                 
      victim cooperation. This process takes time and having the                                                                
      time to investigate and close cases will also increase the                                                                
      likelihood that cases are accepted for prosecution.                                                                       
   · Promoting access to sexual assault nurse examiners is also                                                                 
      important. Medical-forensic  exams more  than  double the                                                                 
      likelihood that cases will be accepted for prosecution. In                                                                
      particular, the  documentation of  non-genital  injury is                                                                 
      important. It dramatically  increases the likelihood that                                                                 
      cases will be  referred, that they will  be accepted, and                                                                 
      that they will result in a  conviction. Ultimately, sexual                                                                
      assault nurse examiners  offer the best  standard of care                                                                 
      available and nothing less than that is acceptable.                                                                       
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH related that her experience is that in                                                                
some areas of Alaska, Dillingham for example, people are opposed                                                                
to having SANE nurses or  the process on site. She doesn't know                                                                 
why they feel  that way and would be  interested to know if the                                                                 
committee could tease that out.                                                                                                 
                                                                                                                                
11:00:31 AM                                                                                                                   
MR.  ROSAY said  it's critically  important to  understand that                                                                 
treatment can  work. In  Alaska the  numbers on  recidivism are                                                                 
fairly good. He displayed a  slide of a pie chart and explained                                                                 
that they examined offenders that were released from the Alaska                                                                 
Department of  Correction in  2001  and tracked  recidivism for                                                                 
three years.  He related that this  was done by  McKelve of the                                                                 
Statistical Analysis Center.                                                                                                    
                                                                                                                                
CHAIR FRENCH asked if these are all offenders released from DOC,                                                                
not just people with sex offenses.                                                                                              
                                                                                                                                
MR. ROSAY said that's correct.                                                                                                  
                                                                                                                                
SENATOR MCGUIRE said she understands the point, but she is very                                                                 
concerned about having this slide  appear within the context of                                                                 
the hearing because  there hasn't been progress with recidivism                                                                 
when it comes  to sexual offenses. "The Containment Project and                                                                 
others have  been methods  of dealing  with it  and I  get very                                                                 
concerned about these kinds of slides. …  We had a hearing last                                                                 
year  that brought  this data  into  that hearing  and  made it                                                                 
confusing. So I just think that if there is a way possible, the                                                                 
slide here ought to  be recidivism with respect to those sexual                                                                 
offenses and we  might even want to ferret it  out by age," she                                                                 
stated.                                                                                                                         
                                                                                                                                
11:02:07 AM                                                                                                                   
MR. ROSAY agreed that could be done. He explained that the slide                                                                
is looking at any rearrest on any charge for the offenders that                                                                 
were released  in 2001. The  bad news  is that  40 percent were                                                                 
rearrested and reconvicted. Another  21 percent were rearrested                                                                 
but not reconvicted and 39 percent were not rearrested. The good                                                                
news is that if you look at recidivism between sex offenses and                                                                 
non-sex offenses, there was no difference between the offenders.                                                                
The important point is  that sex offenders were not more likely                                                                 
to be rearrested or to be reconvicted on a sex offense. But the                                                                 
reason this is problematic is that it's known that sex offenses                                                                 
are less  likely to  be reported.  Again, he said,  teasing out                                                                 
those effects is going to be difficult.                                                                                         
                                                                                                                                
11:03:02 AM                                                                                                                   
REPRESENTATIVE FAIRCLOUGH pointed out that  as people get older                                                                 
they are  less likely to reoffend. However, as  they go through                                                                 
treatment they learn  about how they got  caught so they become                                                                 
smarter more  devious criminals should they  elect to reoffend.                                                                 
She  added that  she doesn't  mean to  rain  on this  data, but                                                                 
multiple things make this interesting.                                                                                          
                                                                                                                                
11:03:47 AM                                                                                                                   
CHAIR FRENCH said that's the beauty and terror of the polygraph                                                                 
examination. When  convicted sex  offenders are submitted  to a                                                                 
polygraph a  lot of the  hiding and denial goes  away. He noted                                                                 
that polygraphs were  the focus of a  previous hearing. For the                                                                 
public's information, those interviews are not used for further                                                                 
prosecution,  but  they  are   valuable  in  finding  out  when                                                                 
individuals  start  straying   from  probation  conditions  and                                                                 
engaging in risky behaviors. For  the offenders that are caught                                                                 
and prosecuted and  put on probation we're  doing a fairly good                                                                 
job, but the  focus of the hearing today is  in the field where                                                                 
the crimes are being committed.                                                                                                 
                                                                                                                                
MR.  ROSAY  displayed a  line  graph  and  explained that  they                                                                 
examined juvenile  sex  offenders that  were released  from the                                                                 
Alaska Division of Juvenile Justice in  FY05 to FY07. They used                                                                 
group-based models  to identify common  histories of delinquent                                                                 
behavior. Essentially there was a  high delinquency group and a                                                                 
low delinquency group and they found that by age 17 individuals                                                                 
in both  groups showed dramatic declines in  offending. He said                                                                 
it's important  to understand  that these rates  are calculated                                                                 
controlling for periods of detention and institutionalization.                                                                  
                                                                                                                                
MR. ROSAY said he would conclude by highlighting research needs                                                                 
in the state.                                                                                                                   
  · First and foremost a statewide victimization survey is                                                                      
     extremely important in order to  obtain reliable and valid                                                                 
     victimization estimates. This is the  only way to evaluate                                                                 
     whether Alaska has high victimization rates, high reporting                                                                
     rates, or both. It's the  only way to identify the factors                                                                 
     that hinder reporting and it's  ultimately the only way to                                                                 
     evaluate the criminal justice and other responses.                                                                         
  · A statewide surveillance system would be extremely useful                                                                   
     because it would allow tracking sexual assaults from report                                                                
     to conviction. It  would provide real  time information so                                                                 
     that when there is a change in age of victims or numbers of                                                                
     sexual  assaults  that  are   occurring  in  a  particular                                                                 
     jurisdiction the information could be analyzed quickly and                                                                 
     perhaps  tentative answers  could  be  provided to  better                                                                 
     understand what may  be happening with  sexual assaults in                                                                 
     the state.                                                                                                                 
                                                                                                                                
11:07:07 AM                                                                                                                   
CHAIR FRENCH said on that point he'll be posing the question to                                                                 
both the troopers and APD representatives because it seems that                                                                 
it's between  the local police  agencies and  the troopers that                                                                 
there is a lack of data integration.                                                                                            
                                                                                                                                
MR. ROSAY said he'll let the troopers answer that question, but                                                                 
an important  point is  that this  would be a  statewide system                                                                 
where  every   law  enforcement  agency  in   the  state  would                                                                 
participate. That's unlike the  Uniform Crime Reports, which do                                                                 
not capture  information from all law  enforcement agencies. In                                                                 
fact, they  don't capture the  majority of  the sexual assaults                                                                 
that  are occurring  in  Alaska because  they  are  focusing on                                                                 
forcible rape.                                                                                                                  
                                                                                                                                
CHAIR FRENCH said he sees a bill idea cloud appearing before the                                                                
group that's here today.                                                                                                        
                                                                                                                                
11:08:03 AM                                                                                                                   
SENATOR MCGUIRE agreed and asked  if he's aware of other states                                                                 
that have their own surveillance systems that integrate data and                                                                
dovetail into the larger CODIS system.                                                                                          
                                                                                                                                
MR.  ROSAY replied  at  this  point the  largest  system exists                                                                 
through CODIS.  He isn't aware  of other states  doing this but                                                                 
suspects that  smaller states  that have  every law enforcement                                                                 
agency participating in the Uniform  Crime Reports could have a                                                                 
statewide picture of forcible rape. Sexual assaults would not be                                                                
included. Alaska does have the opportunity to lead the effort to                                                                
create a  system that would give a  statewide picture of what's                                                                 
happening with sexual assaults, he added.                                                                                       
                                                                                                                                
11:09:44 AM                                                                                                                   
SENATOR MCGUIRE suggested that the Council of State Governments                                                                 
Justice Center might be  interested in partnering and providing                                                                 
resources. They track  this sort of data  and are interested in                                                                 
this sort of landmark opportunity. She offered to help make this                                                                
connection if he is willing and interested.                                                                                     
                                                                                                                                
MR. ROSAY replied he would appreciate the help.                                                                                 
                                                                                                                                
In conclusion Mr.  Rosay reiterated that additional research is                                                                 
important to differentiate between  high victimization and high                                                                 
reporting. High  victimization  ultimately implies  failure and                                                                 
high reporting ultimately implies success.  At this point there                                                                 
is no information as to whether Alaska is succeeding or failing.                                                                
                                                                                                                                
CHAIR  FRENCH  thanked  Mr.  Rosay  for  his  presentation  and                                                                 
recognized Tara Henry. He disclosed that  he and Ms. Henry have                                                                 
worked together over the years and he thinks highly of her.                                                                     
                                                                                                                                
11:12:42 AM                                                                                                                   
^TARA HENRY, RN, SANE                                                                                                           
TARA  HENRY, Forensic Nurse,  said she  helped start  the first                                                                 
Sexual  Assault   Nurse  Examiner  program   in  Anchorage  and                                                                 
supervised it for six  years. Since leaving the program in 2003                                                                 
she has focused on  helping to start and maintain SANE programs                                                                 
statewide. In the last couple of years much of her work has been                                                                
to  work  in  this  field  on  a  national  level  through  the                                                                 
International Association  of Forensic  Nurses (IAFN).  For the                                                                 
last 10 years she has  been the forensic nurse who works at the                                                                 
State Medical Examiner Office on rape/homicide cases.                                                                           
                                                                                                                                
MS. HENRY explained that forensic nursing is a specific science                                                                 
where the science  of nursing is applied  to sexual assault and                                                                 
domestic violence legal  issues. This unique  body of knowledge                                                                 
isn't found in any other area of nursing because it combines the                                                                
bio, psycho, social, and  spiritual education of the registered                                                                 
nurse with forensic and criminal justice sciences. Essentially,                                                                 
forensic nurses work  with the living  and deceased, trauma, or                                                                 
criminal activity to be able to provide care for their patients.                                                                
                                                                                                                                
A forensic nurse examiner has multiple specialty areas, but the                                                                 
most prominent is  within the interpersonal violence area. They                                                                 
work with  victims of sexual  assault, domestic violence, child                                                                 
abuse, elder abuse, violence and torture. A sexual assault nurse                                                                
examiner (SANE) is a  subspecialty of forensic nursing that was                                                                 
developed in Memphis Tennessee in 1976. Not much was heard about                                                                
this  nursing   specialty  until  the   1990s  when  California                                                                 
implemented a more multidisciplinary approach for sexual assault                                                                
response teams. At that  point SANEs began working closely with                                                                 
advocacy  and law  enforcement  agencies to  respond  to sexual                                                                 
assaults.  Prior  to  that,  these  specialized nurses  weren't                                                                 
working as compatibly with other team members.                                                                                  
                                                                                                                                
11:16:17 AM                                                                                                                   
The goal  of a sexual  assault nurse examiner "is  to provide a                                                                 
professional nursing care  that assesses, evaluates, diagnoses,                                                                 
and  implements care  to  restore and  promote  the biological,                                                                 
psychological, and social  health of the  victim throughout the                                                                 
medical forensic evaluation process." A forensic nurse's primary                                                                
focus  is on  the  health and  wellbeing of  the  patient while                                                                 
collecting forensic samples.                                                                                                    
                                                                                                                                
National  data  shows  that  when   a  SANE  program  has  been                                                                 
implemented in a community, the medical care for sexual assault                                                                 
patients has  been improved. Their  injuries are taken  care of                                                                 
better, they receive better prevention for sexually transmitted                                                                 
infections, and  pregnancy  prevention is  improved.  Also, the                                                                 
nursing documentation of the physical findings has been improved                                                                
so  that  the  medical evidence  can  be  used  when cases  are                                                                 
investigated and  brought  to  trial. Forensic  nurses  who are                                                                 
specialized in doing sexual assault cases know the importance of                                                                
their medical information in the criminal justice outcome. Over                                                                 
the years they have found that mental health outcomes are better                                                                
when sexual assault victims have access to care by SANEs. These                                                                 
patients  are  less likely  to  have  a  post  traumatic stress                                                                 
disorder  from the  sexual assault.  Not only  is  the physical                                                                 
injury care better, the mental care also is better.                                                                             
                                                                                                                                
They also have improved forensic evidence collection which means                                                                
that  there  is  more DNA  being  found.  Several  studies have                                                                 
compared evidence  collection kits  from  crime labs  that have                                                                 
forensic nurses collecting the  kits versus non-forensic nurses                                                                 
and  evidence  collected [by  the  forensic  nurses] is  always                                                                 
superior. Nationwide it's shown that prosecution rates at least                                                                 
double  when   a  sexual   assault  nurse  examiner   does  the                                                                 
examination. Not only do sexual assault nurse examiners improve                                                                 
care, they also have training and experience in providing expert                                                                
witness testimony in  the criminal justice process  to help the                                                                 
jury understand what  the findings mean. Oftentimes  there is a                                                                 
question about  the meaning of  a bruise, a  genital finding or                                                                 
lack  of genital  finding,  an  emotional response  or lack  of                                                                 
emotional response. The forensic nurse  has the ability to help                                                                 
the prosecutor educate the jury.                                                                                                
                                                                                                                                
11:20:57 AM                                                                                                                   
MS. HENRY said a new 12-year study by Dr. Rebecca Campbell found                                                                
that there is an indirect affect on the criminal justice process                                                                
when SANEs meet  the patient's medical and psychological needs.                                                                 
Responding to a question, she clarified that the study was done                                                                 
in a single  Lower-48 state. When SANEs helped victims to heal,                                                                 
that indirectly affected the victims' willingness to participate                                                                
in  the  criminal justice  system  and  go  forward with  legal                                                                 
prosecution. The  study said that  the SANEs'  attention to the                                                                 
emotional and  physical wellbeing decreased  the PTSD  and gave                                                                 
that survivor  the psychological  ability to continue  with the                                                                 
criminal justice  system. It's exciting  to know that  not only                                                                 
does the forensic sample colleting improve prosecutions but it's                                                                
also forensic nursing care that's having an effect.                                                                             
                                                                                                                                
CHAIR  FRENCH said  this  is essentially  producing  a stronger                                                                 
victim.                                                                                                                         
                                                                                                                                
MS. HENRY agreed adding that SANEs  are playing a vital role in                                                                 
Alaska and nationally in responding to sexual assaults. Not only                                                                
are there  improved medical, psychological, and legal outcomes,                                                                 
forensic nursing is  also focused on sexual assault prevention.                                                                 
Forensic  nurses do  a lot  of  public health  intervention and                                                                 
prevention  working  with   the  International  Association  of                                                                 
Forensic Nurses and  the Center for  Disease Control. She added                                                                 
that  she is  looking at  primary prevention from  a healthcare                                                                 
perspective. In Alaska forensic nurses have done prevention work                                                                
with  schools and  other  healthcare providers  to  stop sexual                                                                 
assaults before they happen or to minimize the trauma once they                                                                 
occur.                                                                                                                          
                                                                                                                                
11:24:06 AM                                                                                                                   
MS. HENRY  relayed that  in Alaska  the first SANE  program was                                                                 
started in Homer in 1994. Since that time 15 communities started                                                                
programs, but  three have closed  and three  never became fully                                                                 
functional. Four other programs haven't taken the step to close,                                                                
but they  no longer have SANEs. One  program that currently has                                                                 
three SANEs will lose two  by September so it's probably on the                                                                 
verge  of  closing.  The  four  SANE  programs that  are  fully                                                                 
functioning are located  in Anchorage, Fairbanks, Soldotna, and                                                                 
Kenai. Soldotna and Kenai are coordinated by the same individual                                                                
so it's really one program in two different communities.                                                                        
                                                                                                                                
11:26:09 AM                                                                                                                   
Responding to a  question about whether or not  there is a SANE                                                                 
program in  Juneau, she explained  that the  Kodiak, Sitka, and                                                                 
Palmer  programs have  closed.  Although they  did  training in                                                                 
Barrow in  about 2005  and Juneau  in 2007  neither program has                                                                 
gotten off the ground.                                                                                                          
                                                                                                                                
11:27:17 AM                                                                                                                   
CHAIR FRENCH  asked what factors produce a  community that will                                                                 
support a SANE program versus one that isn't.                                                                                   
                                                                                                                                
MS. HENRY said she'll talk about that soon.                                                                                     
                                                                                                                                
SENATOR THERRIAULT asked if a SANE program has nurses that have                                                                 
taken specific training and operate under a certain protocol and                                                                
if they quit their other nursing duties or add to their existing                                                                
duties.                                                                                                                         
                                                                                                                                
MS. HENRY explained that SANE programs come about with hospital                                                                 
support. They  hire nurses  that work  as sexual  assault nurse                                                                 
examiners, put  protocols in place,  dedicating a room  for the                                                                 
examinations, and providing ongoing maintenance.                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  Anchorage  would  not have  an                                                                 
active SART  (sexual assault  response training) program  if it                                                                 
were not for Tara Henry. I want to thank you publicly, she said.                                                                
                                                                                                                                
11:29:55 AM                                                                                                                   
MS.  HENRY continued  to explain  that  programs in  Juneau and                                                                 
Barrow haven't gotten off the ground and Ketchikan has a quasi-                                                                 
program that isn't fully functioning. The four programs that no                                                                 
longer have  SANEs include Bethel, Nome,  Kotzebue, and Eastern                                                                 
Aleutian Tribes.  In September  the SANE  program in Dillingham                                                                 
will lose two of their three SANE nurses.                                                                                       
                                                                                                                                
11:32:01 AM                                                                                                                   
SENATOR MCGUIRE  asked if any  consideration has been  given to                                                                 
using traveling nurses for SANE programs. She then asked if SANE                                                                
programs have  funding  issues or  nurse recruitment  issues or                                                                 
both.                                                                                                                           
                                                                                                                                
11:33:01 AM                                                                                                                   
MS.  HENRY said  she'll address  the second  question in  a few                                                                 
minutes. With respect to the first question, she explained that                                                                 
the idea  of traveling  nurse examiners has  been discussed but                                                                 
certain things have to put  in place first. Paperwork has to be                                                                 
standardized so that documentation is the same in all areas and                                                                 
the  SANE   programs  all  have  to   operate  under  the  same                                                                 
programmatic protocols.  The  next  step is  to  work  with the                                                                 
different hospitals to  put contracts in place  and ensure that                                                                 
the  nurses have  housing.  Telemedicine has  been successfully                                                                 
implemented in  some SANE programs  in the  Lower-48 and that's                                                                 
another consideration for Alaska.                                                                                               
                                                                                                                                
11:35:28 AM                                                                                                                   
CHAIR FRENCH asked if a SANE nurse is dedicated to only look at                                                                 
sexual assault victims.                                                                                                         
                                                                                                                                
MS. HENRY replied the SANE job is an extra duty in all but three                                                                
of the programs so SANE nurses basically have two fulltime jobs.                                                                
Kenai has  one fulltime forensic nurse, Anchorage  has two, and                                                                 
Fairbanks currently has three. Fairbanks used to have their SANE                                                                
program operate out of the ER with on call forensic nurses. But                                                                 
then the hospital stepped up its commitment and made a forensic                                                                 
nursing  services department.  These  forensic  nurses are  now                                                                 
seeing adult, adolescent and  pediatric sexual assaults and are                                                                 
formally assessing injuries and risks of domestic violence (DV)                                                                 
victims who haven't been sexually assaulted. Before the program                                                                 
was implemented 144 patients were seen in 2005 and 2006. So far                                                                 
this year  305 victims of sexual  assault and domestic violence                                                                 
have been seen and that  number will likely rise to 600 by year                                                                 
end. The  only real  difference is that  the Fairbanks hospital                                                                 
made a formal forensic nursing program and put money into it.                                                                   
                                                                                                                                
11:38:17 AM                                                                                                                   
SENATOR MCGUIRE asked if part of the SANE training is devoted to                                                                
responding to the needs of children to lessen their trauma. She                                                                 
also asked who responds to and  examines a child if there is no                                                                 
SANE program in the community.                                                                                                  
                                                                                                                                
MS. HENRY  replied it  depends on  the program and  whether the                                                                 
nurse has training in pediatrics. Some SANE nurses, like the one                                                                
in Homer, see  all age ranges. Nurses  in the Anchorage program                                                                 
see adolescents 16 years and older. Children under age 16 go to                                                                 
the child advocacy center, Alaska CARES (Child Abuse Response &                                                                 
Evaluation Services).  In Bethel  it depends on  which forensic                                                                 
nurse is there. One nurse was trained in pediatrics and adult so                                                                
she saw  all sexual assault cases. When  she left the remaining                                                                 
SANE was only trained  in adolescent and adult so the pediatric                                                                 
cases are seen  by local physicians or  sent to Anchorage. When                                                                 
there is no SANE nurse  in the program, the victim may be flown                                                                 
to Anchorage or Fairbanks. In some cases the victim may be given                                                                
a basic medical exam by the local ER physician or nurse who has                                                                 
not had training will  do an evidence collection by reading the                                                                 
instructions on the kit.                                                                                                        
                                                                                                                                
11:41:13 AM                                                                                                                   
SENATOR MCGUIRE  stressed the  importance of  understanding how                                                                 
stories are told to the community. Being put on a plane and sent                                                                
to  a  large unfamiliar  community for  an  examination can  be                                                                 
frightening and being examined by someone who isn't trained can                                                                 
result in a sense of re-victimization. These experiences and the                                                                
stories from others could be a deterrent for people to report.                                                                  
                                                                                                                                
SENATOR DYSON said Senator  McGuire covered his point, which is                                                                 
the genius of the approach that Alaska's child advocacy centers                                                                 
take. It certainly can be  applied to adults to try to minimize                                                                 
trauma, he added.                                                                                                               
                                                                                                                                
11:43:30 AM                                                                                                                   
MS. HENRY said the primary challenge is to sustain existing SANE                                                                
programs. While Alaska has some unique  problems, sustainability                                                                
isn't  unique to  Alaska.  Staffing is  an  issue  because it's                                                                 
difficult to  find nurses that are  interested in this specific                                                                 
type of  work. Sexual assault victims  and nurses are primarily                                                                 
female and a  lot of nurses have their own victimization issues                                                                 
that may prevent  them from doing this work.  Also, most of the                                                                 
positions are on  call so the nurse  has to be within  30 to 45                                                                 
minutes response time to the  hospital in case a sexual assault                                                                 
is reported. Some hospitals pay $2 to $4 [per hour] for being on                                                                
call while others  pay nothing so you're basically volunteering                                                                 
to do the second  job. For example, if you are working fulltime                                                                 
in the  ER at Fairbanks Memorial Hospital  and taking calls for                                                                 
the SANE program, the hospital has to pay everything on overtime                                                                
when you get called in.  It's expensive for the hospital to pay                                                                 
the nurses to do this  work, but the reality is that the nurses                                                                 
don't get much pay so there is little monetary incentive.                                                                       
                                                                                                                                
Also, a substantial amount of work  goes into the upkeep of the                                                                 
standards of care. Someone can't simply go to training and then                                                                 
go  back  and  do the  work.  There  are  competency skills  to                                                                 
maintain,  ongoing   training  throughout  the   year,  quality                                                                 
assurance and  peer reviews,  initial and follow-up  exams, and                                                                 
court time. Nurses  aren't always paid for  the time they spend                                                                 
doing these things. If  you are in a  program that sees five to                                                                 
ten cases a year it's difficult to maintain competencies without                                                                
traveling someplace to get  the additional experience, which is                                                                 
difficult.                                                                                                                      
                                                                                                                                
Another challenge  is the  high burnout  rate for  SANE nurses.                                                                 
While  physician  and   nurse  colleagues  are  generally  very                                                                 
supportive, there is little interest in doing this work. If, for                                                                
example, there is just one SANE nurse in Bethel who is trying to                                                                
work their fulltime job and  also the sexual assault cases they                                                                 
will eventually move on because they can't do it any longer.                                                                    
                                                                                                                                
Financially it's  difficult to  sustain a  SANE program because                                                                 
hospitals lose money on them. While law enforcement pays for the                                                                
forensic exam,  all the medical  costs including medication and                                                                 
lab testing  is borne  by the hospital.  Patients and insurance                                                                 
companies are not billed.                                                                                                       
                                                                                                                                
CHAIR FRENCH asked if that is done for the obvious reason of not                                                                
putting  any  financial  penalty  on  the victim,  for  privacy                                                                 
reasons, or a combination of the two.                                                                                           
                                                                                                                                
11:50:24 AM                                                                                                                   
MS. HENRY  replied it's  a combination,  but unreimbursed costs                                                                 
make it  difficult to sustain these  programs. For example, the                                                                 
cost to run the Fairbanks program for one year is a little more                                                                 
than $250,000 and the only reimbursement they receive is for the                                                                
forensic portion of the exams. Anchorage is fortunate because it                                                                
gets  grant funding  directly  to the  program,  but  a lot  of                                                                 
communities aren't  able to get  that funding.  Lots of funding                                                                 
goes  to advocacy and  law  enforcement for sexual  assault but                                                                 
there  hasn't  been a  direct  funding  stream  to the  medical                                                                 
community to maintain these programs for sexual assault.                                                                        
                                                                                                                                
SENATOR MCGUIRE asked if  she has considered making SANE nurses                                                                 
state employees under law enforcement.                                                                                          
                                                                                                                                
MS.  HENRY  said some  Lower-48  states  have  looked at  that.                                                                 
Massachusetts, for  example, has  a  line item  in  their state                                                                 
budget  for sexual  assault  nurse examiner  programs. A  nurse                                                                 
manages the  training and  it works  very well. She  added that                                                                 
because SANE nurses work in the medical arena, it isn't the best                                                                
practice for  them to  work through  a  law enforcement agency.                                                                 
Already they face claims that  the police bring the patients to                                                                 
the nurses and they do what the police want. When SANE nurses go                                                                
to court that sort of  claim could be a real distraction if the                                                                 
nurses actually were working under a law enforcement agency.                                                                    
                                                                                                                                
11:54:47 AM                                                                                                                   
CHAIR FRENCH commented that he sees another idea bubble.                                                                        
                                                                                                                                
SENATOR MCGUIRE said this is clearly a public health matter and                                                                 
it's clear that the  current approach isn't working so we ought                                                                 
to consider the state employee concept. Having a trained nursing                                                                
workforce that could respond  either through telemedicine or by                                                                 
going into the field is a good idea.                                                                                            
                                                                                                                                
MS. HENRY said she would be happy to have  further conversations                                                                
about that.                                                                                                                     
                                                                                                                                
CHAIR FRENCH added that it's a great concept.                                                                                   
                                                                                                                                
MS.  HENRY said  the  workload and  finances are  the  two main                                                                 
challenges associated with  sustaining SANE  programs in Alaska                                                                 
and nationally. Thus far there aren't a lot of solutions but on                                                                 
a national level they are looking at the grant funding that the                                                                 
National  Sexual Violence  Resource  Center  received from  the                                                                 
National Institute of  Justice. A consultant group  of 12 SANEs                                                                 
have been working on the SANE Sustainability Project looking at                                                                 
programs throughout the U.S. that are on the verge of collapse.                                                                 
The consultants look at  the difficulties the program is having                                                                 
and then  provide feedback and tools that  will help to sustain                                                                 
the program.                                                                                                                    
                                                                                                                                
On  a national  level the  programs have similar  problems, but                                                                 
because of differing state dynamics the challenges are specific                                                                 
to a  program. For  example, what  is happening in  Bethel that                                                                 
makes a program difficult to sustain may  not be the same as in                                                                 
Anchorage or  Kotzebue. Sometimes the  issue is  administrative,                                                                
sometimes it's  staffing  at the  hospital, and  sometimes it's                                                                 
entirely different so  the SANE  Sustainability Project goes to                                                                 
the different communities to do assessments. Research will come                                                                 
from that  to give  guidance as  to what programs  can do  on a                                                                 
national level. We're always  open to suggestions about working                                                                 
with communities in the state to find solutions, she said.                                                                      
                                                                                                                                
11:58:41 AM                                                                                                                   
CHAIR FRENCH asked if SANE nurses are mandated to report to law                                                                 
enforcement if someone self presents.                                                                                           
                                                                                                                                
MS. HENRY said SANE nurses are healthcare providers so they have                                                                
to  follow   the  statutorily  mandated   reporting  rules.  As                                                                 
Representative Fairclough mentioned,  Anchorage has implemented                                                                 
anonymous reporting so a  victim who doesn't want to  go to law                                                                 
enforcement can  go to  the Anchorage SANE  Program or Forensic                                                                 
Nursing Services at Providence. The  nurse will do an anonymous                                                                 
medical evaluation and forensic  sample collection kit. Under a                                                                 
Jane Doe they will give that kit to law enforcement to hold and                                                                 
secure in case the victim later decides to come forward and make                                                                
a  report to  law enforcement. An  investigation could  then go                                                                 
forward.                                                                                                                        
                                                                                                                                
CHAIR FRENCH asked what gets the  nurse off the hook since they                                                                 
are commanded by state law to make a report.                                                                                    
                                                                                                                                
MS. HENRY replied this option is only available to victims over                                                                 
age  18. Sexual assault  is not  in and  of itself  a mandatory                                                                 
report unless it's of a child or vulnerable adult. If the sexual                                                                
assault involves guns, knives, or the wounds the victim sustains                                                                
are likely to cause death, reporting is mandatory.                                                                              
                                                                                                                                
12:01:06 PM                                                                                                                   
CHAIR FRENCH recapped that an adult female who presents herself                                                                 
to the hospital alleging she was  raped can ask for and receive                                                                 
an anonymous medical examination and forensic kit collection and                                                                
the  incident will  not be  reported to  the police  unless she                                                                 
decides to do so.                                                                                                               
                                                                                                                                
MS.  HENRY said  that's  correct; the  victim  signs  a release                                                                 
allowing  the   nurse  to   provide  her  information   to  law                                                                 
enforcement.                                                                                                                    
                                                                                                                                
SENATOR MCGUIRE  asked if  the  victim could  ask that  all the                                                                 
information about the sexual assault except her name be reported                                                                
to law enforcement.                                                                                                             
                                                                                                                                
MS. HENRY  explained that they follow  HIPAA and if  it's not a                                                                 
mandatory report they would not provide just some information to                                                                
law  enforcement. She  deferred  to  Lieutenant  Booker or  the                                                                 
troopers to articulate the law enforcement perspective.                                                                         
                                                                                                                                
12:02:37 PM                                                                                                                   
SENATOR  MCGUIRE  suggested  the  committee  consider mandatory                                                                 
reporting of  the data  that is characteristic of  the incident                                                                 
while redacting personal information.                                                                                           
                                                                                                                                
CHAIR FRENCH said  you're looking for a way  to gather the data                                                                 
without exposing the victim to  a process that she doesn't want                                                                 
to be exposed to.                                                                                                               
                                                                                                                                
MS. HENRY said anonymous reporting statewide is still a work in                                                                 
progress. Thus far Anchorage, Kenai, and Fairbanks are the only                                                                 
programs that have been seeing anonymous cases. That information                                                                
is being collected  to get an idea  of how many anonymous cases                                                                 
are coming in.                                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI asked if she knows the number of rapes that                                                                
result in pregnancy.                                                                                                            
                                                                                                                                
MS. HENRY replied she doesn't have the data in her head but she                                                                 
could get that.                                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI said he'd be interested.                                                                                   
                                                                                                                                
12:05:13 PM                                                                                                                   
CHAIR FRENCH thanked Ms. Henry for her presentation and recessed                                                                
the meeting until 1:30 pm.                                                                                                      
                                                                                                                                
1:38:02 PM                                                                                                                    
CHAIR  FRENCH reconvened  the meeting  and announced  that this                                                                 
afternoon is devoted to the law enforcement perspective.                                                                        
                                                                                                                                
^Anchorage Police Department                                                                                                    
SERGEANT KEN MCCOY, Anchorage Police Department, Municipality of                                                                
Anchorage, thanked the committee for giving him the opportunity                                                                 
to  give  a  frontline  perspective  of  what  law  enforcement                                                                 
investigators  are  faced  with  in  trying  to  reduce  sexual                                                                 
assaults. He related that  he has been a  police officer for 15                                                                 
years and served as a detective in the special victims unit for                                                                 
four years.  As the lead investigator  he investigated over 220                                                                 
sexual assaults. Now he supervises that unit, which consists of                                                                 
seven detectives and an administrative clerk.                                                                                   
                                                                                                                                
SERGEANT MCCOY explained that the Anchorage special victims unit                                                                
is  part of  a  multidisciplinary sexual assault  team  that is                                                                 
comprised of  Anchorage police, forensic  nurses, and advocates                                                                 
from  Standing Together  Against Rape  (STAR). Their  model for                                                                 
addressing sexual assault is  very progressive and they believe                                                                 
that the process lessens the impact on victims who come forward                                                                 
to  report a sexual  assault. They  primarily investigate cases                                                                 
involving victims who are 16 years and older.                                                                                   
                                                                                                                                
1:40:38 PM                                                                                                                    
SERGEANT MCCOY said that as of June 30, 2009 he has reviewed 394                                                                
sex crime cases. That  is 142 more cases than  were seen at the                                                                 
same time last  year and their resources  are taxed. He doesn't                                                                 
know why there has been such a large increase, but alcohol plays                                                                
a very active role  in the cases they investigate. Most studies                                                                 
show that  alcohol is a factor  in 50 percent to  60 percent of                                                                 
cases, but  as an  investigator he  believes it's more  like 80                                                                 
percent to 90 percent of the case.                                                                                              
                                                                                                                                
SERGEANT MCCOY said  this summer there has  been an increase in                                                                 
cases involving chronic  inebriation in the homeless community.                                                                 
He related that on the  way to this meeting he heard a dispatch                                                                 
of a sexual assault in progress in a local Anchorage park. This                                                                 
summer  these  calls  are  increasingly  common and  frequently                                                                 
involve the  homeless population and  extreme intoxication. The                                                                 
victims  are unconscious  while someone  has sex  with  them in                                                                 
public. The acts are witnessed and reported by citizens driving                                                                 
and  walking  by. Cases  of  people  socializing  and consuming                                                                 
alcohol to the point that they  black out are also on the rise.                                                                 
The inebriated person  does not recall  what occurred but later                                                                 
reports that they were sexually assaulted. Although victims know                                                                
their assailant in more than 60  percent of the cases, a number                                                                 
of recent investigations have involved a stranger who committed                                                                 
the assault.                                                                                                                    
                                                                                                                                
SERGEANT  MCCOY  said   a  major  challenge  is   the  lack  of                                                                 
investigators relative  to  the  increased case  load.  "We are                                                                 
currently looking at about 140 additional cases right now. That                                                                 
number of cases I  could easily distribute amongst two to three                                                                 
additional detectives to handle that type of caseload," he said.                                                                
When investigating sexual assaults it takes three investigators                                                                 
to  accurately  and  completely  investigate  the  victim,  the                                                                 
physical location of  the crime, and  the suspect. With current                                                                 
staffing they often  can only dispatch  two detectives with the                                                                 
additional responsibility falling on patrol officers even though                                                                
the case would be best suited for full detective resources.                                                                     
                                                                                                                                
1:46:19 PM                                                                                                                    
REPRESENTATIVE FAIRCLOUGH asked if there is  an increase in the                                                                 
homeless population in Anchorage  and what the percentage might                                                                 
be.                                                                                                                             
                                                                                                                                
SERGEANT MCCOY said  he doesn't have any  numbers but they have                                                                 
seen  an  increase in  calls  for  service  to  that community,                                                                 
particularly in the area of sexual assault.                                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked  if there  is an effort  to get                                                                 
those  numbers  and  if  the  migration from  rural  Alaska  is                                                                 
affecting the homeless population.                                                                                              
                                                                                                                                
SERGEANT MCCOY said he doesn't have an answer.                                                                                  
                                                                                                                                
CHAIR FRENCH said this morning the committee learned a lot about                                                                
case attrition and  although he doesn't recall  the numbers for                                                                 
APD, he's  interested in knowing what  happens in the screening                                                                 
process at the investigator level and then at the Department of                                                                 
Law that determine whether a case will go forward or not. How do                                                                
you train a detective to know when a case is strong enough to go                                                                
forward to  the DA,  when it needs  more evidence, and  when it                                                                 
should be shelved?                                                                                                              
                                                                                                                                
SERGEANT MCCOY replied most of their cases rely on DNA evidence                                                                 
so  collecting that evidence  is a  primary goal.  What they're                                                                 
seeing is that laboratory resources are insufficient. Last week                                                                 
he received results from a case that is seven years old.                                                                        
                                                                                                                                
CHAIR FRENCH said that had to be an unusual circumstance.                                                                       
                                                                                                                                
SERGEANT MCCOY  responded this is more  and more  the case. The                                                                 
evidence from that case was  collected in 2002. Last October he                                                                 
was notified that the state crime lab had over 100 victim sexual                                                                
assault kits  that had not  been processed. Some  dated back to                                                                 
2004. Investigators can't move forward without the test results                                                                 
from those evidence collection kits that were taken at the time                                                                 
of the sexual assault.                                                                                                          
                                                                                                                                
1:50:20 PM                                                                                                                    
CHAIR FRENCH expressed doubt that most DNA samples languish for                                                                 
years in  the crime lab. Referencing the  sexual assault in the                                                                 
park  today,  he  asked  Sergeant  McCoy what  he  expects  the                                                                 
processing time to be for that DNA sample.                                                                                      
                                                                                                                                
SERGEANT  MCCOY said  an expedited  time would  be  perhaps six                                                                 
months. He added that they are yet to get results on a priority                                                                 
case  from February  and  he  doesn't see  things  getting much                                                                 
better. Recently they  learned that DNA evidence now  has to be                                                                 
screened  by   a   DNA  committee   before  it's   tested.  His                                                                 
understanding is that the  committee sends to the Department of                                                                 
Law (DOL) a list of cases that are in the screening process and                                                                 
awaiting trial. DOL tells the committee which cases are priority                                                                
and they get processed. To APD investigators this means that if                                                                 
they send  evidence to the lab  in a  case where someone hasn't                                                                 
been charged it won't be on the DA's priority list.                                                                             
                                                                                                                                
CHAIR FRENCH observed that it's not on the DA's priority because                                                                
that office doesn't know about the case.                                                                                        
                                                                                                                                
1:52:39 PM                                                                                                                    
SERGEANT MCCOY agreed, but the  result is that the case doesn't                                                                 
get processed so he  believes that this new process will create                                                                 
further backlog.                                                                                                                
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked  how the three  strikes law has                                                                 
affected APD's  working  relationship with the  DA's  office in                                                                 
prioritizing cases for DNA testing.                                                                                             
                                                                                                                                
SERGEANT MCCOY replied it's had a direct impact; more defendants                                                                
are fighting  their cases because the  increased penalties mean                                                                 
substantially more jail time.  Investigators are going to court                                                                 
more often  and they  need all  the DNA  resources available to                                                                 
present a  strong  case. The  stakes are  very high.  I applaud                                                                 
greater penalties but we need more resources to withstand these                                                                 
court battles, he added.                                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH commented that DNA is a blessing to an                                                                
airtight case and  increasingly jurors are reluctant  to cast a                                                                 
guilty verdict without it.                                                                                                      
                                                                                                                                
SERGEANT MCCOY agreed and cited  an example where a suspect was                                                                 
on videotape touching a woman's genitals, but was not convicted                                                                 
because the victim's clothing had not been tested for DNA                                                                       
                                                                                                                                
1:56:40 PM                                                                                                                    
CHAIR FRENCH  asked if  he'd like  to see  DNA evidence handled                                                                 
differently, perhaps  like he's  seen  it handled  in different                                                                 
jurisdictions.                                                                                                                  
                                                                                                                                
SERGEANT MCCOY replied a lot of jurisdictions have started using                                                                
private laboratories. When APD has done that they've gotten the                                                                 
results in a  timely manner, which allowed them to move forward                                                                 
quickly with the investigation. "When we do get the results from                                                                
our state crime lab, the results are great and the work product                                                                 
is great.  It's just getting it  done to where we  can use it."                                                                 
Responding to a  question, he said the private  labs are not in                                                                 
Alaska.                                                                                                                         
                                                                                                                                
CHAIR FRENCH observed that if the case goes to trial there would                                                                
be an  added expense  associated with bringing a  certified DNA                                                                 
laboratory technician to Alaska to testify in front of the jury.                                                                
                                                                                                                                
SERGEANT MCCOY agreed and restated that  DNA and the backlog of                                                                 
cases are significant challenges.                                                                                               
                                                                                                                                
CHAIR FRENCH assured him those points are on his list.                                                                          
                                                                                                                                
1:58:24 PM                                                                                                                    
REPRESENTATIVE FAIRCLOUGH asked if the Municipality of Anchorage                                                                
contributes monetarily to the state crime lab.                                                                                  
                                                                                                                                
SERGEANT  MCCOY replied  he doesn't  believe so,  but  he isn't                                                                 
certain.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH suggested  that  MOA  might consider                                                                 
funding a position at the state  crime lab in an effort to help                                                                 
move municipal cases forward.                                                                                                   
                                                                                                                                
SERGEANT MCCOY recalled that at one time there was a DNA analyst                                                                
who was dedicated to processing sexual assault evidence for APD.                                                                
He doesn't know the source of the funding for that position.                                                                    
                                                                                                                                
2:00:11 PM                                                                                                                    
SERGEANT MCCOY addressed  a question about reduction strategies                                                                 
and  summarized that  many  of  the sexual  assault  crimes are                                                                 
occurring in social settings between people who know each other.                                                                
These scenarios don't lend themselves to police intervention and                                                                
prevention has  proved to be  difficult. That leaves education.                                                                 
When he was growing up he was taught to fight, yell, scream, and                                                                
run to  get help if  someone was doing something  that made him                                                                 
uncomfortable. As an investigator he's seen that a high level of                                                                
resistance reduces  the  likelihood of  a sexual  assault being                                                                 
carried  out.   In  cases   where  the   assault  still  occurs                                                                 
investigators are left with evidence to support a good criminal                                                                 
case.                                                                                                                           
                                                                                                                                
SENATOR MCGUIRE asked why  the special victims unit doesn't see                                                                 
more kids.                                                                                                                      
                                                                                                                                
2:03:24 PM                                                                                                                    
SERGEANT MCCOY explained that APD has two  dedicated specialized                                                                
units  to  investigate  sex  crimes.  His  seven-detective unit                                                                 
investigates all sexual  assaults involving victims age  16 and                                                                 
above. The other unit also has seven specialized detectives, but                                                                
they  investigate sex  crimes  involving  children age  15  and                                                                 
younger.                                                                                                                        
                                                                                                                                
SENATOR  MCGUIRE asked  if someone  from that  unit  is present                                                                 
today.                                                                                                                          
                                                                                                                                
SERGEANT MCCOY answered no.                                                                                                     
                                                                                                                                
SENATOR MCGUIRE  asked if  he is  prepared to  answer questions                                                                 
about that unit and if not she'd like a follow-up report on the                                                                 
trends they are seeing.                                                                                                         
                                                                                                                                
SERGEANT MCCOY said he has some numbers that may translate, but                                                                 
he isn't prepared to speak on behalf of that unit.                                                                              
                                                                                                                                
SENATOR   MCGUIRE  expressed   an  interest   in   getting  the                                                                 
information.                                                                                                                    
                                                                                                                                
SERGEANT MCCOY said they are seeing some of the same trends for                                                                 
juveniles age  15 and younger.  In most cases  the assailant is                                                                 
known to the  victim and most of the  time it occurs within the                                                                 
family  unit. Alcohol  is often  a factor  on the  part  of the                                                                 
perpetrator, not the juvenile. The Crimes Against Children unit                                                                 
has seen an  increase in sexual assault and  child abuse. As of                                                                 
June  30, 558  cases had  been screened  compared to  534 cases                                                                 
during the same time last year.                                                                                                 
                                                                                                                                
2:06:16 PM                                                                                                                    
CHAIR FRENCH  observed that  the number  of adult  cases nearly                                                                 
doubled while juvenile cases increased by 24.                                                                                   
                                                                                                                                
SERGEANT MCCOY said it's difficult to  say why that is, but his                                                                 
unit has seen steady increases over the last three years. Other                                                                 
crime categories have decreased or maintained their level.                                                                      
                                                                                                                                
CHAIR FRENCH  said they  learned this  morning that  the reason                                                                 
could be better  reporting, which is a benefit,  or it could be                                                                 
greater victimization, which is not. The  fact is that we don't                                                                 
know which it is, he said.                                                                                                      
                                                                                                                                
SERGEANT MCCOY said  Anchorage provides a very  good service to                                                                 
victims of sexual assault  and people may feel more comfortable                                                                 
reporting, but  it's hard  to say.  That could account  for the                                                                 
increase,  it  could  be  other  factors,  or  it  could  be  a                                                                 
combination.                                                                                                                    
                                                                                                                                
CHAIR FRENCH noted that  Sergeant McCoy's number one wish would                                                                 
be faster DNA processing and asked what, other than more people                                                                 
to do investigations, his number two wish would be.                                                                             
                                                                                                                                
SERGEANT MCCOY  replied a strong  education component is needed                                                                 
because the  people that  present as  repeat victims oftentimes                                                                 
were victimized as children. The  cycle continues and as adults                                                                 
they are falling victim to perpetrators in the community.                                                                       
                                                                                                                                
CHAIR FRENCH asked what sort of follow-up services are provided                                                                 
to victims of sexual assault. Who  sees the victim two weeks or                                                                 
even a year after the trial?                                                                                                    
                                                                                                                                
2:09:10 PM                                                                                                                    
SERGEANT MCCOY replied they are fortunate to have a good working                                                                
relationship with  STAR.  They are  an invaluable  resource and                                                                 
provide continuing counseling and support to victims. Sometimes                                                                 
these cases take  years to get  to trial and if  it weren't for                                                                 
STAR it would be difficult to  keep the victims on track and to                                                                 
hold the  cases together  for the  long haul through  court, he                                                                 
said.                                                                                                                           
                                                                                                                                
2:09:57 PM                                                                                                                    
SENATOR MCGUIRE asked  if APD is  conducting victim surveys and                                                                 
collecting data from the victim's perspective. She also asked if                                                                
they collect data  on the assailant and  if that information is                                                                 
passed along to UAA.                                                                                                            
                                                                                                                                
SERGEANT MCCOY  replied  they collect  that data  and routinely                                                                 
provide it to Mr. Rosay.                                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH added that  it's dependent on whether                                                                 
the state  or some other  agency is willing to  invest money to                                                                 
collect the data  to get the baseline that  Mr. Rosay has asked                                                                 
for.                                                                                                                            
                                                                                                                                
CHAIR FRENCH thanked Sergeant McCoy for his presentation and for                                                                
taking time to meet with the committee.                                                                                         
                                                                                                                                
CHAIR FRENCH  recognized Mr. Krause  as the  next presenter and                                                                 
said he can tell how  VPSOs in one part of the state respond to                                                                 
the continuing sexual assault crisis.                                                                                           
                                                                                                                                
2:12:32 PM                                                                                                                    
^Aleutian Pribilof Island Association                                                                                           
RICHARD  KRAUSE,  VPSO  Coordinator,  Aleutian Pribilof  Island                                                                 
Association (APIA), introduced himself and said he has worked as                                                                
coordinator since  1989. He related  that VPSOs are  located in                                                                 
Atka, Atkutan,  Nelson Lagoon, False  Pass, and St.  George. He                                                                 
hopes to establish a VPSO in Cold Bay, but housing is an issue.                                                                 
He'd also like to put a VPSO on the Aleutian Chain in the small                                                                 
village of Nikolski. The village has not requested a VPSO so he                                                                 
can't move forward, but from his perspective there is a need. He                                                                
cited an  example of an ongoing family  situation on St. George                                                                 
Island. There  is alcohol abuse  by minors, threatened suicide,                                                                 
allegations of  rape that  are recanted  and then  confirmed by                                                                 
siblings, and no safe house in the community.                                                                                   
                                                                                                                                
2:19:20 PM                                                                                                                    
CHAIR FRENCH  summarized that there's a  pattern of abuse  in a                                                                 
remote area, but it's difficult to build a prosecution based on                                                                 
recantation, alcohol abuse, and non cooperation.                                                                                
                                                                                                                                
MR.  KRAUSE said it's  a  never-ending cycle. Logistics  are an                                                                 
issue -  oftentimes because of  weather - but  response to this                                                                 
type of situation is just too slow.                                                                                             
                                                                                                                                
2:20:35 PM                                                                                                                    
CHAIR FRENCH asked what sort of training APIA provides new VPSOs                                                                
in responding to sex assault and sex abuse of a minor.                                                                          
                                                                                                                                
MR.  KRAUSE replied  their  annual regional  training addresses                                                                 
domestic violence more than sexual abuse  of minors. It's up to                                                                 
the troopers to  do those investigations. The same  is true for                                                                 
sexual  abuse of  adults but  VPSOs  often end  up  doing those                                                                 
investigations. "Sometimes it happens sometimes it doesn't."                                                                    
                                                                                                                                
CHAIR  FRENCH asked if  the  VPSOs all  have cameras  to gather                                                                 
photographic evidence.                                                                                                          
                                                                                                                                
MR. KRAUSE said yes.                                                                                                            
                                                                                                                                
CHAIR FRENCH asked how many  reports of sex assault come out of                                                                 
the area each year.                                                                                                             
                                                                                                                                
MR. KRAUSE estimated there are 18 to 20 or 1.5 per month.                                                                       
                                                                                                                                
CHAIR FRENCH asked what two or  three things he'd put on a wish                                                                 
list to make prosecution of these cases more successful.                                                                        
                                                                                                                                
MR.  KRAUSE said  his  first  wish is  to  see  more  Office of                                                                 
Children's Services (OCS) workers.                                                                                              
                                                                                                                                
2:22:21 PM                                                                                                                    
CHAIR  FRENCH  asked  where  the  OCS  workers that  cover  the                                                                 
Aleutian/Pribilof region are based.                                                                                             
                                                                                                                                
MR. KRAUSE replied Atka, Nikolski, Unalaska, St. George, and St.                                                                
Paul are served by  an OCS worker who lives in Unalaska. Nelson                                                                 
Lagoon, False Pass, Sand Point, and King Salmon are served by an                                                                
OCS worker from King Salmon.                                                                                                    
                                                                                                                                
CHAIR FRENCH noted that OCS responses pertain to allegations of                                                                 
crimes against children and asked  where the system fails adult                                                                 
victims.                                                                                                                        
                                                                                                                                
MR. KRAUSE  replied more timely responses by  everyone and more                                                                 
troopers would be helpful as well. Now troopers work with VPSOs                                                                 
and have  other jobs as well  and he believes that  it would be                                                                 
more  effective  if  particular  troopers worked  with  certain                                                                 
villages and certain VPSOs and that was the extent of their job.                                                                
He  added that  more frequent  trips to  the villages  would be                                                                 
helpful because right  now people think someone is  going to be                                                                 
arrested when a trooper shows up.                                                                                               
                                                                                                                                
2:25:05 PM                                                                                                                    
CHAIR FRENCH said this  year the committee learned that for the                                                                 
first time in many years all trooper positions have been filled.                                                                
He  asked if  he's been able  to detect  any difference  in the                                                                 
Aleutian region.                                                                                                                
                                                                                                                                
MR.  KRAUSE said  yes;  within  the last  year  a  trooper from                                                                 
Detachment C in Anchorage has  been charged with taking care of                                                                 
all  the  villages on  the  Aleutian Chain.  It's  made a  huge                                                                 
difference.                                                                                                                     
                                                                                                                                
CHAIR FRENCH observed that this is exactly what you were hoping                                                                 
for so there is a glimmer of hope.                                                                                              
                                                                                                                                
MR. KRAUSE agreed and added that he hopes that eventually things                                                                
get better for everyone.                                                                                                        
                                                                                                                                
CHAIR FRENCH said thank you for  the work you do and for taking                                                                 
time out of your busy schedule.                                                                                                 
                                                                                                                                
2:26:55 PM                                                                                                                    
CHAIR FRENCH recognized that the  committee next will hear from                                                                 
Commissioner Masters.                                                                                                           
                                                                                                                                
^Department of Public Safety                                                                                                    
JOE MASTERS,  COMMISSIONER, Department of  Public Safety (DPS),                                                                 
outlined the basic themes of his remarks.                                                                                       
  · Sex crimes and domestic violence are a high priority for                                                                    
     DPS. Response to these crimes is second only to homicide,                                                                  
     extremely violent acts, and calls for emergency response.                                                                  
  · Response to sexual assault and domestic violence is an                                                                      
          extensive problem in the state that requires an                                                                       
     extraordinary amount of resources.                                                                                         
  · Dealing with domestic violence and sexual assault has to be                                                                 
     a collaborative effort that takes in the Department of                                                                     
     Public Safety, law enforcement and other entities.                                                                         
                                                                                                                                
COMMISSIONER MASTERS  said  education has  to  be  part of  the                                                                 
response because prevention is  more effective than continually                                                                 
throwing  people in  jail.  All  stakeholders  have to  make  a                                                                 
concerted effort  and  conscious decision  to no  longer accept                                                                 
domestic violence and sexual assault  in our communities or our                                                                 
homes.  To  this  end,  DPS  is  focusing  on  partnering  with                                                                 
communities. He noted that  Colonel Holloway and Ms. TePas will                                                                 
discuss this further, particularly with what is being done with                                                                 
stimulus funds.                                                                                                                 
                                                                                                                                
2:32:24 PM                                                                                                                    
COMMISSIONER MASTERS said DPS wants to provide the best response                                                                
possible but doesn't know what is most effective. Right now the                                                                 
information is anecdotal and indicates that victimization rates                                                                 
are extremely high  and potentially more so in  rural Alaska. A                                                                 
2003-2004 study provides just a snapshot, but we need studies to                                                                
get baseline data that tells what is working, what isn't working                                                                
and  the scope  of the  problem so  that  our resources  can be                                                                 
effectively allocated. Those  baseline studies are on  our wish                                                                 
list, he said.                                                                                                                  
                                                                                                                                
The studies that Mr.  Rosay spoke to portrayed trooper response                                                                 
in rural Alaska  in a fairly positive light.  He noted that AST                                                                 
proactively requested those  studies and worked  collaboratively                                                                
with the Department of Law  and the Justice Center in an effort                                                                 
to   get  good   information.   Although  the   studies  showed                                                                 
comparatively  good arrest  and  prosecution  rates for  sexual                                                                 
assault,  the rates  are still  double  the rates  in  the next                                                                 
closest state. What  that says is  there's a lot  more going on                                                                 
that we need to figure out. My view is that it's a public health                                                                
and a social problem, he  said. He further stated that the work                                                                 
that's been  done to  get funding  for these studies  - federal                                                                 
funding in particular - places the Council on Domestic Violence                                                                 
and Sexual Assault (CDVSA) in a very good role to help DPS move                                                                 
forward in dealing with this social problem.                                                                                    
                                                                                                                                
2:36:34 PM                                                                                                                    
COLONEL  AUDIE   HOLLOWAY,  Division   Director,  Alaska  State                                                                 
Troopers,  Department  of  Public Safety,  said  he  will  show                                                                 
statistics for sexual  assault and sexual abuse of  a minor. He                                                                 
reminded members that the  numbers that Mr. Rosay provided come                                                                 
from Uniform Crime Reports (UCR) and they may be different than                                                                 
state trooper numbers. The definitions are different and so they                                                                
count cases differently.                                                                                                        
                                                                                                                                
CHAIR FRENCH asked him to explain why some cases are counted by                                                                 
the FBI's Uniform Crime Report and not by the state troopers and                                                                
vice versa.                                                                                                                     
                                                                                                                                
COLONEL HOLLOWAY explained that the trooper definition of sexual                                                                
assault is based on state law and is much broader than the 1930s                                                                
era definition that  UCR uses. Alaska  statutes are broader and                                                                 
count assaults on minors and  on males. The UCR definition only                                                                 
counts an  assault if  it's by  a  male on  a female.  It isn't                                                                 
counted as a  rape unless there is  genital to genital contact.                                                                 
"So there  is a whole  host of sexual  assaults in our statutes                                                                 
that  cover  illegal  acts  that   are  not  covered  in  UCR."                                                                 
Understanding that is  important because the  UCR numbers don't                                                                 
appear that large,  but they only comprise  a small fraction of                                                                 
the sexual assaults that  occur. None of the  sexual abuse of a                                                                 
minor cases are counted. Keep that in mind, he said.                                                                            
                                                                                                                                
COLONEL  HOLLOWAY provided  the  following AST  data  on sexual                                                                 
assaults:                                                                                                                       
  · In 2007 359 cases resulted in 514 offenses with 65 offenses                                                                 
     unfounded.                                                                                                                 
  · In 2008 284 cases resulted in 347 offenses with 43 offenses                                                                 
     unfounded.                                                                                                                 
                                                                                                                                
There is no explanation for what caused the significant drop in                                                                 
cases from 2007 to 2008. It could be underreporting or it could                                                                 
be that  AST is  doing a  good job.  Clearly there is  need for                                                                 
further study.                                                                                                                  
                                                                                                                                
2:40:19 PM                                                                                                                    
REPRESENTATIVE  FAIRCLOUGH  asked  him  to  define  "unfounded"                                                                 
because people could interpret it as a false report. Second, she                                                                
asked how the state has  chosen to report to UCR because manual                                                                 
reporting  only captures  the  highest category  crime and  not                                                                 
subcategories. For example, if someone is killed it is reported                                                                 
to UCR as a  homicide because the highest crime is reported. If                                                                 
the victim was also kidnapped and raped you'd never know because                                                                
those are un-captured subcategories of the reporting. She asked                                                                 
if that's changed.                                                                                                              
                                                                                                                                
COLONEL  HOLLOWAY explained  that  "unfounded"  means that  the                                                                 
circumstances weren't there to prove any type of case.                                                                          
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  clarified   for  the   record  that                                                                 
"unfounded" is federally defined in UCR  and does not mean that                                                                 
the claim is false. It means that there is insufficient evidence                                                                
to prove that the incident occurred.                                                                                            
                                                                                                                                
2:42:21 PM                                                                                                                    
COLONEL HOLLOWAY said  Alaska is a  summary reporting state for                                                                 
UCR. He read the following:                                                                                                     
     It basically means we  report a summarized view of an                                                                      
     occurrence rather  than a  detailed  one. To  give an                                                                      
     example: If we had a  home invasion in which a family                                                                      
     member was murdered and another one had been shot and                                                                      
     another one had been raped, our report would only list                                                                     
     one homicide. The  other elements of  the crime spree                                                                      
     would not be included as we would only count the crime                                                                     
     with the  highest severity. The  other elements would                                                                      
     simply  not  appear  as  reportable  offenses because                                                                      
     summary reporting does not collect the totality of the                                                                     
     incident.                                                                                                                  
                                                                                                                                
He explained how UCR counts rapes as follows:                                                                                   
     UCR counts the number of victims and not the number of                                                                     
     assaults. If a woman in gang-raped by three assailants                                                                     
     in a parking  lot, the UCR data  would only count one                                                                      
     rape because we only have one victim. Albeit  assuming                                                                     
     the assailants  are apprehended, we  would have three                                                                      
     arrests  and each  defendant  would  be  charged with                                                                      
     multiple counts of rape. The agency's UCR data on the                                                                      
     incident would only list one offense of rape.                                                                              
                                                                                                                                
Clearly, he said, there are a lot of differences between UCR and                                                                
state of  Alaska reports  of sexual  assault, but  Alaska still                                                                 
doesn't have  a comprehensive collection of  the sexual assault                                                                 
offenses                                                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  added  that there  is  an  option to                                                                 
report at a  higher level, but she  understands that Alaska has                                                                 
chosen to summary report.                                                                                                       
                                                                                                                                
COLONEL HOLLOWAY agreed.  The National Incident Based Reporting                                                                 
System (NIBRS) might  not fit all  state laws, but  it would be                                                                 
more comprehensive than what  the state is  doing now with just                                                                 
UCR. Right now there is a state law requiring police agencies to                                                                
report UCR data to DPS, but there is nothing that makes them do                                                                 
it.                                                                                                                             
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH referenced a list of  non-contributing                                                                
municipal agencies  and explained that  those are  jurisdictions                                                                
that have chosen not to provide data to the state. It sounds as                                                                 
though  there  is  no  recourse  when  that  information  isn't                                                                 
provided, she said.                                                                                                             
                                                                                                                                
COLONEL HOLLOWAY said that's his  understanding and it leads to                                                                 
an  incomplete data gathering  system. If you  don't understand                                                                 
what the  problem is it's difficult to  come up with  a plan to                                                                 
solve  it.  We're asking  for  a  way  to  get  a  comprehensive                                                                
understanding of the  problem and the  scope so we  can come up                                                                 
with a plan, he said.                                                                                                           
                                                                                                                                
CHAIR FRENCH remarked that it makes sense.                                                                                      
                                                                                                                                
2:46:38 PM                                                                                                                    
COLONEL HOLLOWAY highlighted  the following AST  data on sexual                                                                 
abuse of a minor:                                                                                                               
  · In 2007 353 cases resulted in 565 offenses with 77 offenses                                                                 
     unfounded.                                                                                                                 
  · In 2008 253 cases resulted in 394 offenses with 36 offenses                                                                 
     unfounded.                                                                                                                 
                                                                                                                                
Again, he said, we don't know why there were 100 fewer cases in                                                                 
2008 than 2007. It could be poor reporting, no reporting, or AST                                                                
is doing a better job.                                                                                                          
                                                                                                                                
COLONEL HOLLOWAY outlined some of the things that AST would like to                                                             
do better:                                                                                                                      
  · More follow-up with victims. Triage with the victim is pretty                                                               
     good but follow-up interviews and safety checks could improve.                                                             
     It takes time to accomplish forensic exams and that should be                                                              
     communicated to the victim, the families and the perpetrators.                                                             
                                                                                                                                
CHAIR FRENCH recapped  the frustration Sergeant McCoy expressed                                                                 
and asked Colonel Holloway  his experience on the timeliness of                                                                 
processing DNA samples.                                                                                                         
                                                                                                                                
COLONEL HOLLOWAY  said it's  getting better  in some  ways like                                                                 
getting grant money to work on the backlog of cases. For awhile                                                                 
they could only do  exams on known suspect cases and that might                                                                 
be part of Sergeant McCoy's frustration. If you didn't know the                                                                 
suspect or the case  didn't have a high solvability rate, those                                                                 
cases went  into a  long queue.  Also, the  state crime  lab is                                                                 
bursting at the seams and  even if there is funding for another                                                                 
position  there   might  not   be   physical  space  available.                                                                 
Nonetheless the lab is  examining at a faster  rate than in the                                                                 
past because of new technology and better DNA science.                                                                          
                                                                                                                                
CHAIR FRENCH  commented that it's off  topic but  he would hope                                                                 
that someone from the crime lab or DPS rethinks the strategy for                                                                
the crime lab renovations. There have been several attempts at a                                                                
$100 million crime lab and so far it's not coming. We need some                                                                 
creative though to  solve this problem  to come up  with a much                                                                 
more palatable sum of money. Someday we'll get a great new crime                                                                
lab  but  right  now  we're  not  serving  our law  enforcement                                                                 
community appropriately. We need to go back to the drawing board                                                                
and figure out a better way.                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked if all the DNA samples that are                                                                 
collected are entered into CODIS.                                                                                               
                                                                                                                                
COLONEL HOLLOWAY said  he would  defer to Commissioner Masters,                                                                 
but he believes  they enter as much as  they can. He noted that                                                                 
when  they recently  addressed the  backlog, one  of  the first                                                                 
entries was a CODIS hit.                                                                                                        
                                                                                                                                
COMMISSIONER MASTERS said he can't say whether or not every DNA                                                                 
sample has been  entered into CODIS, but  he believes that most                                                                 
are entered.  He added that  all of backlog  CODIS samples that                                                                 
were mentioned in testimony last session have been entered into                                                                 
the system. "So we're completely caught up to date on all of our                                                                
CODIS issues. As a matter of fact, that's what allowed us to be                                                                 
able to  queue in …  a lot of  these no suspect  rape kits that                                                                 
we've been starting to test."                                                                                                   
                                                                                                                                
2:54:31 PM                                                                                                                    
REPRESENTATIVE FAIRCLOUGH asked if there is a cost to submit to                                                                 
the national system.                                                                                                            
                                                                                                                                
COMMISSIONER MASTERS  replied he  doesn't  believe so,  but the                                                                 
testing is very expensive.                                                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked  if DNA is  being collected now                                                                 
because she understands that there have been civil rights issues                                                                
associated with  requiring felons  to  submit DNA  samples. She                                                                 
referenced lie  detector testing of  incarcerated sex offenders                                                                 
and noted  that these  felons typically have  not disclosed all                                                                 
their victims  and DNA  samples from this  population that have                                                                 
been submitted to CODIS produce hits nationwide.                                                                                
                                                                                                                                
COMMISSIONER MASTERS suggested the director  of the state crime                                                                 
lab or  the deputy commissioner of  corrections might be better                                                                 
able to respond to that issue.                                                                                                  
                                                                                                                                
CHAIR FRENCH said they'd hold that question.                                                                                    
                                                                                                                                
SENATOR MCGUIRE said that in  recent years the crime bills have                                                                 
added funding  for: a new  medical examiner, a  new position to                                                                 
help with the backlog in the crime lab, two special prosecutors                                                                 
and two investigators at the sex crime unit at the state level.                                                                 
When legislators add these line items it would be helpful to get                                                                
some kind of report on how things are working. I'm still waiting                                                                
for that, she said.                                                                                                             
                                                                                                                                
COMMISSIONER MASTERS explained that virtually all the scientific                                                                
positions that were vacant or allocated have been filled. That's                                                                
probably the primary contributing factor for catching up on the                                                                 
CODIS entry and case backlogs. He suggested that the Department                                                                 
of   Law   representative  probably   could   provide  specific                                                                 
information about the special prosecutor positions, but he knows                                                                
they  have been  assigned  and  have been  working  closely and                                                                 
successfully with DPS units.                                                                                                    
                                                                                                                                
2:59:18 PM                                                                                                                    
COLONEL  HOLLOWAY continued  to  highlight things  that AST  is                                                                 
trying to do better.                                                                                                            
  · Spend more follow-up time with suspects.                                                                                    
  · Spend time more time following up on the sex offender                                                                       
     registry to make sure offenders are complying with their                                                                   
     conditions.                                                                                                                
  · Addressing the UAA and DOL evaluations of the 2003-2004 AST                                                                 
       study, AST received grant funding to do more trooper                                                                     
      training in crime scene documentation, specifically in                                                                    
     rural Alaska.                                                                                                              
  · Allocate time to get out to communities to investigate                                                                      
        rumors in a proactive effort to find victims. This                                                                      
    addresses the issue that evidence may be gone by the time a                                                                 
     victim comes forward.                                                                                                      
                                                                                                                                
3:01:59 PM                                                                                                                    
COLONEL HOLLOWAY outlined some of the  things that AST is proud                                                                 
of.                                                                                                                             
  · All authorized AST positions are filled. The caveat is that                                                                 
    these new troopers are still learning their jobs so it will                                                                 
     take time for them to get up to speed.                                                                                     
  · Ten troopers have been added to the Bureau of Highway                                                                       
     Patrol.                                                                                                                    
  · Seven new court service officers have been hired and they'd                                                                 
     like to hire more. Every time a CSO is hired it frees a                                                                    
     trooper to spend more time on the highways and to                                                                          
     investigate sexual assault and other cases.                                                                                
                                                                                                                                
SENATOR MCGUIRE asked if  DPS is recruiting troopers with pilot                                                                 
licenses.                                                                                                                       
                                                                                                                                
COLONEL  HOLLOWAY replied  they aren't  specifically recruiting                                                                 
pilots but are happy when an applicant has a pilot license. When                                                                
funds  are  available  they  will  provide flight  training  to                                                                 
interested troopers.  Whenever possible they  use commercial or                                                                 
contract pilots so the trooper can devote his or her efforts to                                                                 
the  investigation rather  than  to flying.  That's  not always                                                                 
possible because many  commercial and contract  flights have to                                                                 
fit  a schedule  or adhere  to  particular flying  restrictions.                                                                
"Sometimes we just need to get there faster than we can wait on                                                                 
the schedule.… It's good to  have a combination and the ability                                                                 
to do both," he said.                                                                                                           
                                                                                                                                
3:05:52 PM                                                                                                                    
COMMISSIONER MASTERS added that  the aircraft program in Bethel                                                                 
is very effective. Aircraft and pilot are designated so that the                                                                
pilot  concentrates on  serving  the  troopers'  needs and  the                                                                 
troopers concentrate on providing the public's needs.                                                                           
                                                                                                                                
SENATOR MCGUIRE  emphasized the importance  of timely responses                                                                 
and asked  him to  keep the  committee abreast of  which models                                                                 
work.                                                                                                                           
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked if DPS partners with the Alaska                                                                 
National Guard on crisis intervention in rural communities.                                                                     
                                                                                                                                
COMMISSIONER   MASTERS   explained  that   there   are   severe                                                                 
restrictions on  using  U.S. Department  of Defense  assets for                                                                 
policing.  They are  used  heavily in  certain  aspects of  law                                                                 
enforcement such as drug  eradication, but DoD assets aren't on                                                                 
standby waiting to fly troopers.                                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  asked   if  the  State   of  Alaska                                                                 
contributes to fund the Alaska National Guard.                                                                                  
                                                                                                                                
COMMISSIONER MASTERS said he doesn't have the answer.                                                                           
                                                                                                                                
3:09:19 PM                                                                                                                    
CHAIR FRENCH  noted that SANE  nurses are exploring the  use of                                                                 
telemedicine and  he just  learned to  take pictures  and shoot                                                                 
amazingly clear  video with a  webcam. If  he has his  way that                                                                 
technology will be used in the capitol building so that hearings                                                                
like this will  be steamed live to  the Internet. "The more you                                                                 
make the capitol available to people, the more they feel plugged                                                                
into their government." He acknowledged that it's a weak second-                                                                
best effort to having boots  on the ground, but if troopers are                                                                 
weathered out  of  a  remote site  for a  week,  a face-to-face                                                                 
meeting over  a laptop may  be a  good alternative for  a young                                                                 
victim to meet  the person who will build  the case against her                                                                 
abuser. He suggested they think about using new web technology.                                                                 
                                                                                                                                
COLONEL HOLLOWAY replied  CDVSA supports the telemedicine model                                                                 
to work with victims, particularly related to the SART response.                                                                
AST is  interested in using whatever helps  build a case. Right                                                                 
now they are in the process of purchasing an electronic records                                                                 
management system, which should be helpful.                                                                                     
                                                                                                                                
3:12:53 PM                                                                                                                    
COLONEL HOLLOWAY continued to outline  things that AST is proud                                                                 
of.                                                                                                                             
  · 22 new VPSO positions have been funded for FY10. These                                                                      
     officers are trained at the DPS Academy, mentored by the                                                                   
     troopers, and hired by village nonprofits.                                                                                 
                                                                                                                                
Their value  is reflected  in the  AST study, which  shows that                                                                 
there is a 60 percent increase in convictions when a VPSO is in                                                                 
the village. 52 VPSOs currently are in the program, 8 applicants                                                                
have passed the hiring process, and 9 more are in the process of                                                                
getting background checks. Turnover in the VPSO ranks is high.                                                                  
                                                                                                                                
3:15:37 PM                                                                                                                    
KATIE TEPAS, Acting  Director, Council on Domestic Violence and                                                                 
Sexual Assault and  Program Coordinator, Alaska State Troopers,                                                                 
Department of Public Safety, said she manages the federal grants                                                                
specific to violence against women and will be speaking to both                                                                 
issues in both of her roles.                                                                                                    
                                                                                                                                
MS. TEPAS highlighted that the Office on Violence Against Women                                                                 
is using federal funds for the following:                                                                                       
  · The purchase of new sexual assault evidence collection kits                                                                 
     and forms, which is expected to  be complete by this fall.                                                                 
     The kits will be for use by all police agencies statewide.                                                                 
     DPS and  DOL have  statutory authority  over the  kits and                                                                 
     forms and consultation with DHSS is required.                                                                              
  · SART training statewide for troopers and municipal                                                                          
     agencies. Conference costs are  covered for forensic nurse                                                                 
     examiners and  medical providers who  present and facility                                                                 
     costs are  subsidized to keep registration  costs down for                                                                 
     everyone. Registration  for  Outside conferences  can cost                                                                 
     upwards of  $400  while  registration costs  for  the next                                                                 
     instate conference  will  be  $75. DPS  looks  at this  as                                                                 
     sustaining SART more than sustaining SANE programs because                                                                 
     SART  is  the  multidisciplinary  model  including  victim                                                                 
     advocacy, law enforcement, medical, and DOL.                                                                               
  · To purchase equipment for municipal police departments and                                                                  
     hospitals to help with investigations.                                                                                     
  · Advance level training for law enforcement, victim                                                                          
     advocacy, medical providers, and DOL. They  try to have at                                                                 
     least one statewide training a year.                                                                                       
  · Forensic costs of forensic medical exams for municipal                                                                      
     police departments across the state. This is an earmark so                                                                 
     there  is concern  about  sustainability. These  exams are                                                                 
     expensive with  costs ranging from  $800 to  $3,200. Costs                                                                 
     differ between  urban  and  rural areas  and  some smaller                                                                 
     agencies might not have funding. DPS uses general funds to                                                                 
     pay for exams and has budgeted $304,000.                                                                                   
                                                                                                                                
3:19:43 PM                                                                                                                    
CHAIR FRENCH asked the size of the earmark.                                                                                     
                                                                                                                                
MS. TEPAS replied it  is well over $1 million. Several projects                                                                 
are done within that: equipment procurement, the kits, training,                                                                
and paying for  exams. At this point we will  only pay for them                                                                 
for one year, she said.                                                                                                         
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked if, in  a cost cutting measure,                                                                 
SANE nurses  are asked  to collect  a limited  data set  if the                                                                 
perpetrator is unknown. "Because we know  or I believe we might                                                                 
infer  that  those  typically  get   pushed  to  the  side  for                                                                 
processing," she added.                                                                                                         
                                                                                                                                
MS.  TEPAS directed  attention to  the  next bullet  point. The                                                                 
Office on Violence Against Women is using federal funds for the                                                                 
following:                                                                                                                      
  · To fund one DNA analyst position at the crime lab. They are                                                                 
     also using additional funding for overtime or analysis and                                                                 
     to purchase the  reagents necessary for additional testing                                                                 
     on unknown offender sexual assault cases. This will address                                                                
     the backlog of 200 unknown previously worked cases with the                                                                
     old file  DNA and 90  cases that haven't  yet been worked.                                                                 
     "The issue of  unknown offenders might shortly become more                                                                 
     resolved than it has been," she said.                                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  referenced the  $800 to  $3,200 cost                                                                 
range for the  forensic portion of the  forensic exam and noted                                                                 
that this does include transportation. She asked if the forensic                                                                
nurse chooses  the process they  will use  or if there  is some                                                                 
filtering criteria that determines the process they will use.                                                                   
                                                                                                                                
MS. TEPAS  replied the new forms  will specifically direct what                                                                 
questions should be asked, what information should be gathered,                                                                 
and what  evidence is  collected. The process  should be fairly                                                                 
standard across the board, but it all hinges on what the victim                                                                 
says. The same samples should be collected for a known offender                                                                 
as an unknown offender.                                                                                                         
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said she has  been a responder so her                                                                 
perspective as an advocate  is a little different. For example,                                                                 
"One of your criteria might be over 72 hours so you don't do the                                                                
same kind of analysis and present the same cost because of those                                                                
criteria. And  I'm asking  whether there's established criteria                                                                 
that sort others out to have lower levels of examination, lower                                                                 
cost also."                                                                                                                     
                                                                                                                                
MS.  TEPAS explained  that law  enforcement uses  the following                                                                 
criterion for whether a forensic exam will be authorized:                                                                       
  · Did the sexual assault happen within 96 hours? If more than                                                                 
     96 hours  has passed  troopers are  instructed to  look at                                                                 
     additional factors.                                                                                                        
       · Is the victim giving information that a sexual                                                                         
         assault has occurred? If so, are there genital or                                                                      
          non genital injuries? As Mr. Rosay pointed out,                                                                       
         non genital injury is significant to the process.                                                                      
       · Does the victim have pain, bleeding, or                                                                                
          discharge?                                                                                                            
  · What is the location of the assault? If the victim is not                                                                   
     able  to   give   the  location   AST  will   accept  case                                                                 
     responsibility.                                                                                                            
  · Did a sexual assault occur? Some victims don't know or                                                                      
     aren't sure that an assault happened and AST criteria is to                                                                
     authorize  exams   for  attempted  sexual   assault,  full                                                                 
     penetration, or contact.  "So we  are covered in  that; we                                                                 
     actually use specific language in  our training and in our                                                                 
     policies and procedures to get at that specific issue."                                                                    
                                                                                                                                
In cases  where troopers are uncertain, they  are instructed to                                                                 
consult with  DOL, the  local forensic  nurse examiner,  or the                                                                 
local  medical  provider.  If  the  trooper determines  that  a                                                                 
forensic  exam in  unwarranted,  the victim  can  still have  a                                                                 
medical exam. Law  enforcement can never tell  that victim they                                                                 
cannot  get  a  medical  exam;  they  are  only  screening  and                                                                 
authorizing for the forensic exam, not the medical exam.                                                                        
                                                                                                                                
3:25:43 PM                                                                                                                    
REPRESENTATIVE FAIRCLOUGH asked how often prosecuting attorneys                                                                 
and judges who sit over cases of sexual assault attend training.                                                                
                                                                                                                                
MS. TEPAS  said on average  60 people attend  the SART training                                                                 
sessions and few are from the judiciary branch. Law enforcement,                                                                
medical providers, victim  advocacy and DOL  comprises the core                                                                 
group of training attendees.                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH explained that she  brings that up in                                                                 
this venue because of Senator French's past experience. From the                                                                
vantage point  of a  victim advocate  she understands  why it's                                                                 
difficult to  get judges and attorneys  to attend training. She                                                                 
asked for ways to encourage their attendance because the aspect                                                                 
of accountability has been particularly challenging when judges                                                                 
don't understand the nuances of sexual assault and rape. When a                                                                 
judge doesn't  understand DNA,  defense attorneys can  be quite                                                                 
successful in the courtroom.                                                                                                    
                                                                                                                                
CHAIR FRENCH  said the point is  well taken. He  then asked Ms.                                                                 
TePas to describe what resources they are able to direct to SANE                                                                
nurses.                                                                                                                         
                                                                                                                                
3:27:54 PM                                                                                                                    
MS. TEPAS  explained that DPS has  funded the trainer positions                                                                 
for the core  SART training team. For example,  there is a SART                                                                 
training coming up in Bethel and DPS will pay transportation and                                                                
instruction fees for the trainers to  attend. If nurses want to                                                                 
attend the training earmark money will be used for that. DPS has                                                                
found that some nurses  would like to attend but their agencies                                                                 
won't give them time away or will pay only after the training is                                                                
complete. We're trying to close that gap, she said. DPS has also                                                                
supported one round of  tier-two training for nurses. She noted                                                                 
that for AST the cost  for the forensic portion of the exam can                                                                 
be higher  than the  estimates because they  may have to  fly a                                                                 
victim and  her  children in  from a  rural community  and also                                                                 
provide housing.                                                                                                                
                                                                                                                                
Referring  to a  previous  question, she  explained  that VPSOs                                                                 
receive sexual assault training at the  academy as well as some                                                                 
regional training depending on the  request. She noted that DPS                                                                 
did a  pilot project in  Bethel for first  responders to sexual                                                                 
assault that  met specific needs based  on the responder's job.                                                                 
There  was training  for  VPSOs, health  aides,  and behavioral                                                                 
health aides together in  conjunction with the forensic nursing                                                                 
program, she  said. It  was  very successful  and they  hope to                                                                 
replicate that training with federal funds.                                                                                     
                                                                                                                                
MS. TEPAS said she  won't talk about the sexual assault studies                                                                 
that Mr. Rosay discussed, but she would highlight that they are                                                                 
proud of the  studies. One significant thing that they found is                                                                 
that  they   could  do   better  at   evidence  collection  and                                                                 
documentation so  using grant  funding they held  several crime                                                                 
scene documentation trainings  specifically for rural troopers.                                                                 
The results have been positive. "Again, the research cannot just                                                                
show us  what the scope of the  problem is, but it  can give us                                                                 
significant direction of what we need to  do and how we need to                                                                 
improve," she said.                                                                                                             
                                                                                                                                
MS. TEPAS highlighted the following proposed studies:                                                                           
   · CDVSA is partnering with UAA to do a statewide                                                                             
      victimization survey.  In  FY10 the  Council  received an                                                                 
      incremental increase and $290,000 of it has been allocated                                                                
      for research. Cost estimates for the statewide study range                                                                
      from $400,000 to $600,000 and would only include the cost                                                                 
      of surveying women, not men. We're lacking some funds, she                                                                
      said.                                                                                                                     
                                                                                                                                
3:33:00 PM                                                                                                                    
SENATOR MCGUIRE  asked how much  more it would  cost to include                                                                 
male victims and to do perpetrator studies.                                                                                     
                                                                                                                                
MS. TEPAS replied  the cost depends primarily on  the number of                                                                 
people who are  surveyed. She suspects that everyone wants data                                                                 
specific to  their region and that  typically requires a larger                                                                 
survey population. Initially they looked  at surveying 3,000 so                                                                 
the  cost to  survey  3,000 women  and 3,000  men  would likely                                                                 
double. That's just a  rough estimate and we're still trying to                                                                 
figure out what we can do with the funds we have, she added.                                                                    
                                                                                                                                
SENATOR  MCGUIRE suggested  she  run  the  numbers and  provide                                                                 
legislators with the least and most costly scenarios before the                                                                 
session begins. "I  think it's time  and I think  you would see                                                                 
support for  a major investment  in a [regional]  study of this                                                                 
kind…," she said.                                                                                                               
                                                                                                                                
MS. TEPAS said we will most definitely make the time.                                                                           
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH expressed interest in how they expect                                                                 
people  to respond  to  the survey.  In Anchorage  you  may get                                                                 
someone to  talk openly on the  phone, but from  a regional and                                                                 
cultural standpoint  that may not  be successful in  some rural                                                                 
areas, she said.                                                                                                                
                                                                                                                                
MS. TEPAS said initially they were looking at a phone survey and                                                                
now are looking at using the same survey tool that CDC is using                                                                 
to do  a new  victim survey. The  purpose for this is  that the                                                                 
Alaska data would cross talk to  national data. That is a phone                                                                 
survey.                                                                                                                         
                                                                                                                                
3:37:52 PM                                                                                                                    
REPRESENTATIVE FAIRCLOUGH pointed out that if a telephone model                                                                 
is used, the source of the telephone numbers becomes a factor.                                                                  
                                                                                                                                
MS. TEPAS said they  are working through issues to make certain                                                                 
they get reliable and valid data that can cross walk to get true                                                                
national comparisons.                                                                                                           
                                                                                                                                
MS. TEPAS,  continuing with the  presentation, said some sexual                                                                 
assault victims choose to seek services through victim advocacy                                                                 
rather than reporting to  law enforcement or medical providers.                                                                 
She  provided  the  following  data  about persons  who  sought                                                                 
services  from  CDVSA  funded  programs  and  identified sexual                                                                 
assault as their primary issue. Sexual abuse of a minor data is                                                                 
not included.                                                                                                                   
   · FY05: 516                                                                                                                  
   · FY06:653                                                                                                                   
   · FY07:740                                                                                                                   
   · FY08:803                                                                                                                   
                                                                                                                                
The  one  caveat is  that  CDVSA and  the  Network  on Domestic                                                                 
Violence and Sexual Assault are  switching to a new database so                                                                 
some numbers may shift.                                                                                                         
                                                                                                                                
MS. TEPAS highlighted the following:                                                                                            
  · In FY10 CDVSA funded 20 victim service programs.                                                                            
  · Despite the significant incremental increase from PFD                                                                       
     funds, the Council was unable to fund $1,777,657 in                                                                        
     requests from victim service programs.                                                                                     
                                                                                                                                
3:41:22 PM                                                                                                                    
COLONEL HOLLOWAY asked  members to look at  the CDVSA Strategic                                                                 
Plan.  It places  more  emphasis on  prevention  and mitigation                                                                 
rather than reaction. He noted that AST received stimulus funds                                                                 
to hire  five additional sexual  assault investigators and they                                                                 
asked for three  on behalf of municipal agencies. He emphasized                                                                 
the teamwork with  municipal agencies, VPSOs and other entities                                                                 
to attack the problem of sexual assault. In conclusion he asked                                                                 
members to notice the four main  points: prevention, mitigation,                                                                
education, perpetrator accountability and Council effectiveness.                                                                
                                                                                                                                
CHAIR  FRENCH recalled that  the  stimulus-funded positions are                                                                 
funded  for  three years  after  which  it's  up  to the  local                                                                 
political entity to continue the funding. He asked if these are                                                                 
the same.                                                                                                                       
                                                                                                                                
COLONEL HOLLOWAY deferred to the Commissioner.                                                                                  
                                                                                                                                
3:43:33 PM                                                                                                                    
COMMISSIONER MASTERS  said the  funding  of the  four positions                                                                 
within AST  and the three  positions outside AST  is four years                                                                 
with no tie  to a continuing requirement for matching funds. He                                                                 
noted that there is considerable confusion between COPS stimulus                                                                
funding and the stimulus formula funding and explained that with                                                                
stimulus formula funding DPS is able to fund 100 percent of the                                                                 
wages and  cost  of the  positions rather than  the entry-level                                                                 
costs and  no equipment you'd find  in COPS (Community Oriented                                                                 
Policing Services) Office grants.                                                                                               
                                                                                                                                
COMMISSIONER MASTERS said he has two points to make in closing.                                                                 
First the  folks at  DPS feel  it is  their job  and collective                                                                 
responsibility to continue to ask if  they are doing enough and                                                                 
if  they are  accurately  describing of  defining  the problem.                                                                 
Second, this  is not  entirely a law  enforcement public safety                                                                 
issue. It's  an issue of  prevention. We've got  to stop people                                                                 
from coming  in the doors and  getting put into  the system, he                                                                 
said.                                                                                                                           
                                                                                                                                
CHAIR FRENCH thanked  the presenters and expressed appreciation                                                                 
for their willingness to continue to look at what they are doing                                                                
and asking how they  can do better. "We'll encourage you, we'll                                                                 
help you, we'll get you the tools; but you know far better than                                                                 
we do what's happening out there," he said.                                                                                     
                                                                                                                                
At ease from 3:45:44 PM to 3:52:00 PM                                                                                           
                                                                                                                                
^Department of Law                                                                                                              
RICK  SVOBODNY,  Deputy  Attorney  General,  Criminal Division,                                                                 
Department of Law (DOL), said he will describe in general terms                                                                 
what DOL does in regard to the prosecution of sexual assault and                                                                
sexual abuse of a minor. DOL has 13 district attorney offices; 3                                                                
are one-person DA offices and 10 have more than one DA. 5 of the                                                                
larger offices have a  DA who specializes in the prosecution of                                                                 
sexual  assault  and  sexual  abuse  cases. The  other  offices                                                                 
generally have 3 lawyers so it's difficult to have someone focus                                                                
only on sexual assault and sexual abuse cases, but that does not                                                                
mean these DAs don't have training to work in this area.                                                                        
                                                                                                                                
3:54:56 PM                                                                                                                    
MR. SVOBODNY  explained that in  the last year  DOL rewrote its                                                                 
policies for handling sexual assault  cases and every lawyer in                                                                 
the department  has been provided the  updated information. All                                                                 
DOL lawyers in the criminal division receive annual training in                                                                 
the area of sexual assault and about ten percent of the lawyers                                                                 
and paralegals are sent to out-of-state training each year. For                                                                 
the last three years DOL has hired the national advocacy center                                                                 
to provide innovative training to  DAs. 24 new prosecutors have                                                                 
attended basic and advanced trial advocacy classes in Homer and                                                                 
Fairbanks. Experts were  brought in to  teach prosecutors to do                                                                 
direct and cross examinations. The next  class will be in Sitka                                                                 
and the  same lawyers will learn about  using technology in the                                                                 
courtroom. DOL is committed to SART training and prosecutors are                                                                
sent to these classes whenever one is offered.                                                                                  
                                                                                                                                
3:59:23 PM                                                                                                                    
MR. SVOBODNY, addressing questions about  tools that are needed                                                                 
and a wish list,  said DOL doesn't need many more tools because                                                                 
when  an issue  has been  identified the Legislature  has taken                                                                 
swift action to give prosecutors the ability to go forward with                                                                 
prosecutions. Referencing Senator McGuire's earlier question, he                                                                
related that the Legislature funded two prosecutors with general                                                                
funds; one to  prosecute cybercrimes and the other to prosecute                                                                 
gangs. The  gang prosecutor position was filled  and a national                                                                 
recruitment is ongoing for  the cybercrime prosecutor. He noted                                                                 
that DOL received a  federal earmark for $900,000 that included                                                                 
funding  for  two  positions  in  the  special assault  in  the                                                                 
Anchorage DA  Office. Those  positions were  filled as  were 13                                                                 
others from  Kenai to Barrow.  Not all are  lawyers. That grant                                                                 
money  will  be  coming  to  an  end  fairly  soon  so  further                                                                 
discussions about those positions will be needed.                                                                               
                                                                                                                                
4:01:49 PM                                                                                                                    
MR. SVOBODNY, referencing previous questions about CODIS and the                                                                
state crime lab,  explained that three years ago  SB 90 allowed                                                                 
collection of DNA on  all felony arrests and misdemeanor crimes                                                                 
against people.  When that  DNA  is analyzed  and a  profile is                                                                 
identified  that data  is  sent to  CODIS,  which  has separate                                                                 
databases  for  known  individuals,  unknown  individuals,  and                                                                 
missing  persons.  He  related  that  the  committee  that  was                                                                 
mentioned [that prioritizes cases at  the crime lab] deals with                                                                 
cases   that  are   being   prosecuted  and   that   are  under                                                                 
investigation.                                                                                                                  
                                                                                                                                
CHAIR FRENCH asked who is on the committee.                                                                                     
                                                                                                                                
4:04:17 PM                                                                                                                    
MR. SVOBODNY  replied they are:  Dwayne McConnell, the  head of                                                                 
rural  prosecutions; John  Novak, counsel  for  DPS  and former                                                                 
prosecutor; and  Pat Gullufsen,  cold case prosecutor  for DOL.                                                                 
Cases are prioritized and take into account the 120 day rule and                                                                
the seriousness of the crime. Noting that APD said that unsolved                                                                
cases need more attention, Mr. Svobodny said he'd take that from                                                                
this meeting.                                                                                                                   
                                                                                                                                
4:06:20 PM                                                                                                                    
CHAIR FRENCH  asked if DOL or  DPS sometimes has  had to divert                                                                 
cases to private labs.                                                                                                          
                                                                                                                                
MR. SVOBODNY replied yes, but it's for technical reasons rather                                                                 
than to work on a backlog of cases. The state crime lab doesn't                                                                 
do mitochondrial DNA  or Y chromosome  DNA analysis. There have                                                                 
been difficulties with private vendors, he added.                                                                               
                                                                                                                                
CHAIR FRENCH asked  him to talk about the  number of cases that                                                                 
are referred, the number that are accepted, and what happens in                                                                 
between the intake and the outcome.                                                                                             
                                                                                                                                
4:09:20 PM                                                                                                                    
MR. SVOBODNY said he would defer to Ms. McLean, but with respect                                                                
to screening cases  he would emphasize that it  is and has been                                                                 
department policy  to receive deputy  attorney general approval                                                                 
for any plea  negotiation to change a sex offense  to a non sex                                                                 
offense. "It would be a very rare situation where, for example,                                                                 
we would  let somebody plead  to coercion as  opposed to sexual                                                                 
assault in the second degree," he said.                                                                                         
                                                                                                                                
CHAIR FRENCH said his memory is that you can ask repeatedly but                                                                 
you would never one.                                                                                                            
                                                                                                                                
4:10:30 PM                                                                                                                    
SUSAN  MCLEAN,   Chief  Assistant  Attorney  General,  Criminal                                                                 
Division, Department of Law, said  she prepared the data sheet,                                                                 
"Sexual Abuse  and Sexual  Assault Cases  Referred - 2005-2009"                                                                 
that  is in  the  packet. The  information comes  from year-end                                                                 
reports and  she expressed confidence that the  total number of                                                                 
cases referred  each year is  correct. She added  that they are                                                                 
generally categorized  as sexual  abuse of  a minor  and sexual                                                                 
assault and would include all the cases within those definitions                                                                
in AS 11.41.                                                                                                                    
                                                                                                                                
Responding to  the question about what  happens when a  case is                                                                 
referred, she emphasized that attorneys have it drilled in that                                                                 
if they accept a case  as sexual assault their goal is to get a                                                                 
conviction  on  sexual  assault  and  a  sentence  that  is  in                                                                 
accordance  with  those  that  the  Legislature  has  said  are                                                                 
appropriate. Referencing a second data sheet, "Comparison - 2005                                                                
and 2007  Average Sentences for Selected Crimes"  she said it's                                                                 
clearly working.                                                                                                                
                                                                                                                                
CHAIR FRENCH commented that the numbers are stunning.                                                                           
                                                                                                                                
MS.  MCLEAN   explained  that  she  reviewed   every  case  and                                                                 
defendant's name and  hand counted the  highest crime for which                                                                 
the person was convicted and the sentence they received. Between                                                                
2005 and 2007 for  the crime of sexual abuse of  a minor in the                                                                 
first degree the average sentence jumped from 13.9 years to 37.3                                                                
years. 16 people were convicted in 2005 as opposed to 13 people                                                                 
in 2007.  Similarly, in 2005 3 people  were convicted of sexual                                                                 
assault in the first degree and received an average sentence of                                                                 
5.6 years while 4 people were convicted of sexual assault in the                                                                
first degree in 2007  and received an average sentence of 41.25                                                                 
years. She acknowledged that there  are fewer convictions and a                                                                 
lot of cases are pending  from 2007. With the advent of the new                                                                 
sentencing laws our  feet are being  held to the  fire to prove                                                                 
cases, she  said. More  likely than not  if a  defendant who is                                                                 
facing this kind of sentence requests a continuance, it will be                                                                 
granted. Cases are  taking longer to investigate and  to get to                                                                 
trial and there aren't as many pleas since the sentencing range                                                                 
now is  so markedly different.  DOL is accepting  cases that it                                                                 
absolutely  knows it  can  prove sexual  assault  and  they are                                                                 
getting convictions on those cases.                                                                                             
                                                                                                                                
4:14:52 PM                                                                                                                    
MS. MCLEAN noted that within the last two weeks the courts have                                                                 
handed down  two 99  year  sentences for repeat  sexual assault                                                                 
offenders. "When I  started this business that  would have been                                                                 
absolutely unheard of."                                                                                                         
                                                                                                                                
CHAIR  FRENCH  remarked two  in  one  week  is  cause for  some                                                                 
congratulations.                                                                                                                
                                                                                                                                
MS. MCLEAN said  the point is  that DOL has to  talk about what                                                                 
they will accept as  well as what they  have to prove, how they                                                                 
have to prove it, the likelihood of proving it, and the downside                                                                
is having a case that isn't convicted. We're still getting used                                                                 
to the  new sentences,  she said. We're  asking for aggravating                                                                 
factors,  they  are  being  found,  and  we're  getting  higher                                                                 
sentences. She noted that the "CSI effect" is real and therefore                                                                
ties into everything that's been discussed about the importance                                                                 
of a  prompt investigation that  gathers necessary information.                                                                 
She added that if  the evidence isn't gathered her view is that                                                                 
it's not because of a lack of commitment. It's because the plane                                                                
can't fly and because there isn't a local person to hold the web                                                                
cam.  She expressed  the preference  to get  more  local people                                                                 
involved in the process.                                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH said that from  a victim advocacy and                                                                 
the people's perspective there  is still a  concern that such a                                                                 
small number  of cases  are going  forward. The  general public                                                                 
isn't  here to  listen to  why that  might  be. The  window for                                                                 
prosecuting is narrowed but there is  a support network that is                                                                 
lacking as more cases are taken to fruition, she said.                                                                          
                                                                                                                                
4:18:22 PM                                                                                                                    
CHAIR FRENCH said it's a good point. DOL is doing a good job but                                                                
it  is  handing  cases  back  to  AST and  APD  that  can't  be                                                                 
prosecuted. The  holistic  approach that  the  commissioner and                                                                 
Colonel Holloway spoke to  has to make room  for the cases that                                                                 
don't go forward to court.                                                                                                      
                                                                                                                                
MR. SVOBODNY  said DOL does  things well but  that doesn't mean                                                                 
they are  winning. DOL, DPS,  and DHSS  together and separately                                                                 
have to be in the schools and in the community saying that this                                                                 
conduct is not acceptable.                                                                                                      
                                                                                                                                
CHAIR FRENCH said he recently spoke to the new attorney general                                                                 
and expressed the hope that he  use the power of the office and                                                                 
the public relations that come with it  to make it more a bully                                                                 
pulpit. "I'm not certain that the  Department of Law has done a                                                                 
good  enough  job  over   the  years  of  outreach,"  he  said.                                                                 
Prosecutors hold a  powerful position from which to communicate                                                                 
with the public just as troopers, policemen, and firemen do.                                                                    
                                                                                                                                
CHAIR FRENCH asked for a few specifics on what it is that makes                                                                 
the difference in  a case that  can go forward  versus one that                                                                 
can't.                                                                                                                          
                                                                                                                                
4:21:25 PM                                                                                                                    
MS. MCLEAN said she agrees with a lot of what Mr. Rosay said and                                                                
it's  wonderful to have  a  forensic exam, but  documenting non                                                                 
genital injury with a camera can  make a huge difference if the                                                                 
issue  is  whether  or  not  the  victim  consented  to  sexual                                                                 
intercourse  or was  the  victim of  a  brutal  assault. Having                                                                 
someone on  scene that  the victim  can turn to  immediately is                                                                 
important. If  it's 30  degrees below and  nobody's flying more                                                                 
than evidence is lost. The victim may lose the willingness to go                                                                
forward if there's no one  there for her. "I can't say strongly                                                                 
enough how supportive the  Department of Law is of  the idea of                                                                 
taking a  global approach to  this problem." It's  a problem of                                                                 
public health,  education, social  service, public  safety, and                                                                 
law. Society has to get to the point where the victim recognizes                                                                
that they didn't deserve what  happened and that they will hang                                                                 
in until help arrives. "What we need to do is find a way to get                                                                 
someone to help her."                                                                                                           
                                                                                                                                
MS. MCLEAN pointed out that what  turns the tide for DOL is the                                                                 
lack of physical evidence, the lack of documentary evidence, and                                                                
the lack of witness statement and in a lot of cases the issue is                                                                
the lapse of time. One of the most difficult scenarios is sexual                                                                
assault in the second degree and prosecutors are very dedicated                                                                 
to those. In some  ways the victim isn't available as a witness                                                                 
because she was incapacitated. In those  cases you have to rely                                                                 
on what the physical evidence shows and what other people heard                                                                 
or  saw. Prosecutors have  to ask  if they  can prove  the case                                                                 
today. If  the answer is  no, the next question  is whether the                                                                 
officer can be sent back  to gather more evidence. "Could we do                                                                 
something  with  a Glass  warrant?"  The  statistic that  isn't                                                                 
included in the data sheets is the length of time that DOL will                                                                 
hold on to  a case before throwing in  the towel. I think we'll                                                                 
try everything before we do that, she said.                                                                                     
                                                                                                                                
CHAIR FRENCH said  that gave good specifics as  well as broader                                                                 
aspects of the issue.                                                                                                           
                                                                                                                                
4:25:04 PM                                                                                                                    
MS.  MCLEAN  said  she   agrees  with  Mr.  Svobodny  that  the                                                                 
Legislature  has  given  DOL  the  legal tools  it  needs.  The                                                                 
department is dependent to an extent on federal funding that has                                                                
to be  mindful that those funds  will be going  away. The rural                                                                 
prosecution unit has three very experienced attorneys that do a                                                                 
lot  of   complex  sexual  assault  cases   or  mentor  younger                                                                 
prosecutors in how to do  them. That unit is 100 percent funded                                                                 
by a  federal earmark so it will be  a resource need. Also, DOL                                                                 
needs to provide better statistics and will do so after the new                                                                 
case management program is in place.  "I would just say that we                                                                 
are completely ready to work collaboratively with other members                                                                 
of the community and really take on this problem." that with the                                                                
new case management."                                                                                                           
                                                                                                                                
4:26:26 PM                                                                                                                    
MR.  SVOBODNY  offered  two  suggestions. First  he  asked  the                                                                 
committee review the bail statute that  was passed in 1962. The                                                                 
bail statutes for domestic violence and sexual assault have been                                                                
piecemealed  and  prosecutors   haven't  been  very  successful                                                                 
convincing the courts that they were done properly. In the 1990s                                                                
most  states  revised  their  bail  statutes when  the  federal                                                                 
government revised  theirs and  he would  suggest looking  at a                                                                 
quasi federal  model. The second  point might  not be addressed                                                                 
through legislation but he wants  to point out that the average                                                                 
felony case  in Anchorage takes  662 days  to get to  trial. 90                                                                 
percent of the cases go to trial in 6 months but some cases are                                                                 
5 years  old. "Those two  things are suggestions  that we might                                                                 
want to think about for future legislation."                                                                                    
                                                                                                                                
thanked  the  committee,  the  participants  and  everyone  who                                                                 
attended the meeting. "For all of  you this is yet another step                                                                 
in the right direction; it's a community effort."                                                                               
                                                                                                                                
4:29:05 PM                                                                                                                    
CHAIR FRENCH adjourned  the Senate Judiciary Standing Committee                                                                 
meeting at 4:29 p.m.                                                                                                            
                                                                                                                                
                                                                                                                                

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