ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 30, 2011
1:31 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator John Coghill
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
SENATE BILL NO. 15
"An Act relating to penalties for certain alcohol offenses
involving persons under 21 years of age committed by a sex
offender or child kidnapper."
- MOVED CSSB 15(JUD) OUT OF COMMITTEE
SENATE BILL NO. 101
"An Act adopting the Alaska Entity Transactions Act; relating to
changing the form of entities, including corporations,
partnerships, limited liability companies, business trusts, and
other organizations; amending Rule 79, Alaska Rules of Civil
Procedure, and Rules 602(b)(2), 602(c), and 605.5, Alaska Rules
of Appellate Procedure; and providing for an effective date."
- MOVED SB 101 OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82
"An Act relating to the procedures and jurisdiction of the
Department of Health and Social Services for the care of
children who are in state custody; relating to court
jurisdiction and findings pertaining to children who are in
state custody; and modifying the licensing requirements for
foster care."
- HEARD & HELD
SENATE BILL NO. 110
"An Act relating to human trafficking; and relating to
sentencing and conditions of probation in criminal cases
involving sex offenses."
- HEARD & HELD
SENATE BILL NO. 86
"An Act relating to the protection of property of persons under
disability and minors; relating to the crime of violating a
protective order concerning certain vulnerable persons; relating
to aggravating factors at sentencing for offenses concerning a
victim 65 years or older; relating to the protection of
vulnerable adults; amending Rule 12(h), Alaska Rules of Criminal
Procedure; amending Rule 45(a), Alaska Rules of Criminal
Procedure; amending Rule 65, Alaska Rules of Civil Procedure;
amending Rule 17, Alaska Rules of Probate Procedure; amending
Rule 9, Alaska Rules of Administration; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 15
SHORT TITLE: SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
SPONSOR(s): SENATOR(s) MEYER
01/19/11 (S) PREFILE RELEASED 1/7/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) HSS, JUD
03/16/11 (S) HSS AT 1:30 PM BELTZ 105 (TSBldg)
03/16/11 (S) Moved CSSB 15(HSS) Out of Committee
03/16/11 (S) MINUTE(HSS)
03/18/11 (S) HSS RPT CS 4DP SAME TITLE
03/18/11 (S) DP: DAVIS, MEYER, EGAN, DYSON
03/18/11 (S) FIN RPT CS #DP #DNP #NR #AM
03/18/11 (S) FIN REFERRAL ADDED AFTER JUD
03/28/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/28/11 (S) Heard & Held
03/28/11 (S) MINUTE(JUD)
03/30/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 101
SHORT TITLE: ENTITY TRANSACTIONS ACT
SPONSOR(s): SENATOR(s) PASKVAN
03/14/11 (S) READ THE FIRST TIME - REFERRALS
03/14/11 (S) JUD, FIN
03/25/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/25/11 (S) Heard & Held
03/25/11 (S) MINUTE(JUD)
03/30/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 82
SHORT TITLE: FOSTER CARE LICENSING/STATE CUSTODY
SPONSOR(s): SENATOR(s) DAVIS
02/04/11 (S) READ THE FIRST TIME - REFERRALS
02/04/11 (S) HSS, JUD
03/11/11 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
03/11/11 (S) HSS, JUD
03/14/11 (S) HSS AT 1:30 PM BUTROVICH 205
03/14/11 (S) Heard & Held
03/14/11 (S) MINUTE(HSS)
03/16/11 (S) HSS AT 1:30 PM BELTZ 105 (TSBldg)
03/16/11 (S) Moved CSSSSB 82(HSS) Out of Committee
03/16/11 (S) MINUTE(HSS)
03/18/11 (S) HSS RPT CS 5DP SAME TITLE
03/18/11 (S) DP: DAVIS, MEYER, ELLIS, EGAN, DYSON
03/30/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 110
SHORT TITLE: HUMAN TRAFFICKING/SEX OFFENSES
SPONSOR(s): SENATOR(s) WIELECHOWSKI
03/21/11 (S) READ THE FIRST TIME - REFERRALS
03/21/11 (S) JUD, FIN
03/30/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CHRISTINE MARASIGAN, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 15 on behalf of the sponsor.
JEFF STEPP, Staff
Senator Joe Paskvan
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 101.
CELESTE HODGE, Staff
Senator Bettye Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 82 on behalf of the sponsor.
JAN RUTHERDALE, Assistant Attorney General
Civil Division
Department of Law (DOL)
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 82.
AMANDA METIVIER, Statewide Coordinator
Facing Foster Care in Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 82.
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 82 as
sponsor of companion legislation.
TRACY SPARTZCAMPBELL, Deputy Director
Office of Children's Services (OCS)
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 82.
LAUREN RICE, Director of Public Affairs
Covenant House
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 82.
REGINA CHENAULT, representing herself
POSITION STATEMENT: Testified in support of SB 82.
ANNE CARPENETI, Assistant Attorney General
Criminal Division
Department of Law
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 110.
QUINLAN STEINER, Director
Alaska Public Defender Agency
Anchorage, AK
POSITION STATEMENT: Answered questions regarding SB 110.
DOUG GARDNER, Director
Legislative Legal Services
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 110.
ACTION NARRATIVE
1:31:09 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Paskvan, Coghill, Wielechowski and Chair
French.
SB 15-SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
1:31:49 PM
CHAIR FRENCH announced the consideration of SB 15 and asked for
a motion to adopt the proposed work draft committee substitute
(CS).
1:32:45 PM
SENATOR PASKVAN moved to adopt CS for SB 15, labeled 27-
LS0119\E, as the working document.
CHAIR FRENCH objected for discussion purposes.
1:33:06 PM
CHRISTINE MARASIGAN, staff to Senator Kevin Meyer, sponsor of SB
15, said there was one change to the CS, version E. The change
is on line 9, and makes clear that this bill applies to someone
who was required to register as a sex offender or child
kidnapper under AS 12.63.
CHAIR FRENCH summarized that the language "by a person required
to register" is inserted and it addresses the concern the
Department of Law voiced.
CHAIR FRENCH removed his objection and version E was before the
committee.
1:34:06 PM
SENATOR WIELECHOWSKI moved to report CSSB 15, version E, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR FRENCH announced that without objection, CSSB 15(JUD)
moved from the Senate Judiciary Standing Committee.
At ease from 1:34 p.m. to 1:35 p.m.
SB 101-ENTITY TRANSACTIONS ACT
1:35:14 PM
CHAIR FRENCH announced the consideration of SB 101.
SENATOR COGHILL said his staff found a reference in the repealer
section that appeared to be incorrect; AS 10.26.670 should be AS
10.06.670.
CHAIR FRENCH asked if the error is confined to just the
sectional analysis.
SENATOR COGHILL answered no; he believes it is in the bill
itself.
1:38:14 PM
SENATOR PASKVAN said Sec. 06.26.670 deals with the revised
Alaska Trust Company Act. This is a portion of the statute that
would impact trust law. Sec. 26.06 deals with the organic
change. He explained that it's necessary to look at more than
just the corporate section.
SENATOR COGHILL asked if 10.26.670 is in statute.
1:39:47 PM
JEFF STEPP, staff to Senator Paskvan, confirmed that there is a
mistake in the sectional analysis, but it's correct in the bill.
He added that the sectional has been corrected for the next
committee of referral.
CHAIR FRENCH expressed satisfaction with the bill and asked for
a motion.
1:41:08 PM
SENATOR WIELECHOWSKI moved to report SB 101 from the committee
with individual recommendations and attached fiscal note(s).
There being no objection, SB 101 moved from the Senate Judiciary
Standing Committee.
At ease from 1:41 p.m. to 1:42 p.m.
SB 82-FOSTER CARE LICENSING/STATE CUSTODY
1:42:16 PM
CHAIR FRENCH announced the consideration of SB 82
1:42:42 PM
CELESTE HODGE, staff to Senator Bettye Davis, sponsor of SB 82,
said the bill modifies various provisions of Title 47,
prioritizing the needs of children in state custody. This
legislation seeks to achieve permanency for older children in
foster care. Permanency for children in the custody of the
Office of Children's Services (OCS) is best achieved through
reunification with the child's parent, or failing that option,
through adoption or guardianship. If these three options are not
available, another is through Another Planned Permanent Living
Arrangement (APPLA). This bill seeks to ensure that APPLA is not
chosen unnecessarily, by providing guidelines to OCS and the
court as to when APPLA should be used.
The bill also creates a statutory presumption that siblings are
placed in the same home when possible. When this is not
possible, an OCS employee must document the steps taken in
trying to do so.
When OCS files a motion to release a child from state custody
before the custody order expires, this bill requires OCS and the
court to take extra steps to insure that the child and guardian
ad litem have ample notice of the motion and that the release is
in the child's best interest.
If a potential foster home cannot meet the building code
requirements to be a licensed foster care home, this bill allows
a variance as long as the home is consistent with construction
of other homes in the community and is otherwise a safe
environment for the child.
This bill also requires that paperwork for foster parent
licensing be streamlined as much as possible. The bill also
includes changes to the statute providing for retention of
jurisdiction by a court to make it consistent with 2010
legislation to extend departmental custody or supervision to age
21.
She noted that SB 82 carries a zero fiscal note.
1:45:20 PM
CHAIR FRENCH asked if she had a sectional analysis.
MS. HODGE replied that she had a summary, but someone from the
Department of Law was available to answer any questions.
1:46:12 PM
JAN RUTHERDALE, Assistant Attorney General, Civil Division,
Department of Law (DOL), said Section 2, page 2, ensures that
when the court is present at a permanency hearing and it finds
that APPLA is the permanent plan, the court actually finds there
is a compelling reason for the plan.
CHAIR FRENCH asked if APPLA is emancipation.
MS. RUTHERDALE replied it could lead to emancipation. It
basically says that the child will remain in foster care until
released from custody. A child could ask to be emancipated at
age sixteen and a half, or he or she could choose to stay with
the foster family.
CHAIR FRENCH asked how permanent a "permanent plan" is.
MS. RUTHERDALE answered any plan can change. A permanent APPLA
plan could also change; the point is to state that "this is the
permanent plan."
CHAIR FRENCH asked if the purpose of this amendment is to show a
compelling need for APPLA.
1:50:25 PM
MS. RUTHERDALE answered yes; the intent is to require a
compelling reason for APPLA. She said that Section 3 reiterates
the importance of keeping siblings together. Section 4 is a
revisor's suggestion, to make the wording consistent.
CHAIR FRENCH asked if the problem is that they're no longer
minors.
MS. RUTHERDALE replied in 1998 there was a major overhaul and
one decision was to change "minor" to "child." She explained
that this is a housekeeping change. Whenever there is a change
to a bill, "child" is changed to "minor." A child is defined as
someone 18 or under. The revisor's part has to do with line 17,
"past 19 years of age but not extending beyond the 21st
birthday."
1:52:47 PM
SENATOR WIELECHOWSKI moved to adopt Amendment 1, labeled 27-
LS0500\E.1.
AMENDMENT 1
OFFERED IN THE SENATE
TO: CSSSSB 82()
Page 3, lines 16 - 17:
Delete "[AN] additional one-year periods [PERIOD]
of supervision past [AGE] 19 years of age that do not
extend beyond the person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 3, line 20:
Delete "minor"
Insert "child [MINOR]"
Page 4, lines 3 - 5:
Delete "[AN] additional one-year periods [PERIOD]
of supervision past [AGE] 19 years of age that do not
extend beyond the person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 4, line 8, following "placed":
Insert "in the custody or"
Page 4, lines 10 - 13:
Delete "[AN] additional one-year periods [PERIOD] of
supervision past [AGE] 19
years of age that do not extend beyond the
person's 21st birthday if continued"
Insert "an additional one-year period of custody
or supervision past [AGE] 19 years of age and
additional one-year periods of custody that do not
extend beyond the person's 21st birthday if continued
custody or"
Page 5, lines 10 - 11:
Delete "Unless the child, department, and
guardian ad litem agree to a release from custody
without a motion and with less than 30 days' notice,
the"
Insert "The"
Page 5, line 12:
Delete "who is under 19 years of age"
Page 5, line 13, following "department":
Insert ", before the date custody is ordered to
end,"
Page 5, line 14, following "is":
Insert "over 16 years of age and"
Page 5, line 15, following "filed":
Insert "unless the parties agree to a shorter
notice period"
Page 5, following line 19:
Insert a new subsection to read:
"(r) When custody of a child who has been
committed to the custody of the department is due to
expire, the department shall file a notice of release
with the court 30 days before the date of release
unless the parties agree to a shorter notice period
and distribute the notice to the parties, including
the child if the child is 16 years of age or older and
available."
Reletter the following subsections accordingly.
CHAIR FRENCH objected for discussion purposes.
MS. RUTHERDALE said this bill recognizes that custody can go up
to age 21.
CHAIR FRENCH asked if the amendment is supported by
Representative Gara and the bill sponsor. Both concurred.
1:54:19 PM
MS. RUTHERDALE said Section 5 has to do with the licensing
provisions and makes sure that when a court is considering
foster care, it can consider whether a child should be placed
with a family member. This clarifies that waivers and variances
can be allowed for family members.
1:55:49 PM
Section 6 is a new section.
Subsection (o) sets up the general rule that guardianship and
adoption is the hope if reunification fails.
Subsection (p) clarifies that APPLA does not apply to young
children, only to children 16 years or older. It is a last-ditch
option when others don't apply.
Subsection (q) says when an older child is getting ready to be
released from state custody that child must be given notice of
release. Before OCS can file release from custody, it must give
30 days notice. This gives the child 40-60 days advance notice.
It also allows the parties to request a shorter notice if
everyone is in agreement. It is important that the release is in
the best interest of the child.
The rest of the amendment goes to subsection (q). Only the court
has the power to amend its own orders.
2:00:08 PM
CHAIR FRENCH asked if subsection (q), line 10 would read "The
department may release."
MS. RUTHERDALE answered yes. And then in the amendment on page
2, line 20, it says "unless the parties agree to a shorter
notice period."
CHAIR FRENCH asked if it's line 21 of the amendment.
MS. RUTHERDALE answered yes, and in the actual bill it is on
page 5. On the amendment page 2, line 11, deleting "who is under
19 years of age" is included so that all children will receive
notice, including 19 and 20 year olds.
Page 2, line 14: that insertion clarifies that OCS is trying to
end custody early.
Page 2, line 17-18: the insertion of over 16 years of age
clarifies this is the age group that they are trying to focus on
and reach.
Page 2, line 19: adds a new subsection (r) which recognizes that
custody can end in two ways.
CHAIR FRENCH asked for clarification that prior subsection (r)
will be deleted
MS. RUTHERDALE answered no; there will be renumbering. She
explained that this new subsection covers the situation of
automatic lapse of custody.
Subsection (s) says that siblings should be kept together
whenever possible.
CHAIR FRENCH asked about the age of majority on page 6.
MS. RUTHERDALE replied it is 18.
CHAIR FRENCH asked why it doesn't say 18.
MS. RUTHERDALE asked where he was looking in the bill.
CHAIR FRENCH read "age of majority."
MS. RUTHERDALE confirmed the age of majority is 18.
2:05:05 PM
MS. RUTHERDALE returned to the bill.
Page 5, line 28: gives examples of what compelling reasons could
be. She noted that it is not an exclusive list.
Subsection (t) defines APPLA.
2:06:28 PM
SENATOR COGHILL asked if AS 47.10.080 is about the declaration
of state custody.
CHAIR FRENCH answered that this is the statutory reference.
MS. RUTHERDALE said that is the provision that allows full
custody, as opposed to supervision.
She continued with Section 7 which has to do with foster care
licensing. It streamlines the application process and states
that it shouldn't be overly restrictive.
SENATOR COGHILL asked what the rule to date has been on the
application process
MS. RUTHERDALE replied this section of the bill does not
substantively change what is currently happening. It makes
changes to the statute. As long as the home is safe it is
important to keep the child with the family.
SENATOR COGHILL wondered whether they are doing better or worse.
He asked for confirmation that it is codifying an ongoing
effort.
MS. RUTHERDALE answered yes.
2:09:27 PM
AMANDA METIVIER, Statewide Coordinator, Facing Foster Care in
Alaska, testified in support of SB 82. She highlighted the
provision on APLA -- putting restrictions on APLA gives older
youth more of a chance to be adopted. Everyone needs a family.
In terms of early release from custody, they have had a number
of youth over the past year that have been released and were not
notified until the day of release. This leaves some youth
homeless. It is important to notify youth and make sure that
they have input.
Keeping siblings together is also very important, especially for
children who have experienced abuse in the family.
2:13:32 PM
CHAIR FRENCH removed his objection and seeing no further
objection, announced Amendment 1 is adopted.
2:13:52 PM
REPRESENTATIVE GARA introduced himself.
CHAIR FRENCH asked what led him to file the bill.
REPRESENTATIVE GARA explained that the ideas came from Ms.
Metevier. They put in the provision that would make it necessary
to sign off before separating siblings. The APPLA provision is
huge, because the goal of foster care is to try and find a
permanent placement in a family. APPLA means they have given up.
The head of OCS has written an article stating that APPLA has
been overused. Sometimes there is a very good placement in a
village for a child, but the house does not meet building codes
which most homes in the area don't meet. This bill now allows a
variance if it is the best placement for the child and is safe.
CHAIR FRENCH asked what percentage of foster care is decided by
the courts and OCS.
MS. RUTHERDALE answered she did not understand the question.
CHAIR FRENCH asked for confirmation that a judge is not involved
in every decision.
MS. RUTHERDALE replied OCS makes the decision on placement, and
the court implements the decision.
CHAIR FRENCH said the written guidelines are for OCS to follow.
MS. RUTHERDALE said yes. OCS has to notify 30 days in advance.
2:18:23 PM
SENATOR COGHILL wondered if subsection (q) would be another
burdening standard on top of these standards.
MS. RUTHERDALE replied there is no change in the standards. She
explained that there is already a court rule.
SENATOR COGHILL asked if this starts a new, more complex
process.
MS. RUTHERDALE replied that she doesn't think so.
2:19:58 PM
TRACY SPARTZCAMPBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
said that there has been excellent testimony. This will help
streamline some of the practices.
CHAIR FRENCH asked if the department supports the bill.
MS. SPARTZCAMPBELL replied the department is neutral on the
bill.
SENATOR COGHILL asked on page 5 under compelling reasons for
APPLA, if it's a new approach to include the child's specific
request for emancipation.
MS. SPARTZCAMPBELL replied when looking at permanency for older
youth, OCS looks at the youth's interests and desires.
CHAIR FRENCH asked if she had heard of any opposition to the
bill.
MS. SPARTZCAMPBELL replied that she has not.
SENATOR WIELECHOWSKI mentioned the department's neutral position
on the bill and asked if she believes that this is a good thing
or a bad thing.
MS. SPARTZCAMPBELL replied OCS has been involved with the
sponsor and the bill is aligned with their work.
SENATOR WIELECHOWSKI said every time the administration appears
before a committee the representative remains neutral on the
bill. He asked if this is a directive that departments are not
supposed to take a position on the bill.
MS. SPARTZCAMPBELL replied on this particular bill the
department is neutral.
CHAIR FRENCH asked if the department can live with the bill.
MS. SPARTZCAMPBELL replied yes.
SENATOR PASKVAN asked what standard the department is following
to remain neutral.
MS. SPARTZCAMPBELL replied the department remains neutral but is
comfortable with the language.
SENATOR PASKVAN asked what standard needs to be met in order for
the department to support the bill.
MS. SPARTZCAMPBELL replied she could not answer that.
CHAIR FRENCH asked if it is her job to determine whether the
department remains neutral on a bill.
MS. SPARTZCAMPBELL answered no.
CHAIR FRENCH said it is discouraging when the administration
takes no position. The Legislature is left wondering why.
2:24:59 PM
SENATOR WIELECHOWSKI added that the Legislature spends a lot of
time on these bills and in terms of efficiency, the
administration needs to state whether it supports a bill or not.
It's a working relationship.
CHAIR FRENCH noted that the administration is pretty consistent
about supporting its own bills.
MS. RUTHERDALE said that DOL does not take a position on bills.
She said that every suggestion she made, and every change that
OCS made, was incorporated into the bill.
SENATOR PASKVAN said that he is taking this to mean that the
language in the bill is the best that can be achieved.
MS. RUTHERDALE replied that is correct. She said that as a
practicing lawyer she does not want a bill that will cause any
harm and she does not believe that this bill will do so.
2:28:13 PM
CHAIR FRENCH noted there is support from many different
associations, such as the Alaska Association of Homes for
Children, the Advisory Board on Alcoholism and Drug Abuse, the
National Association of Social Workers, the Alaska Behavioral
Health Association, Alaska Children's Services, and Denali
Family Services.
CHAIR FRENCH announced that he would hold SB 82 in committee in
order to see a document with the amendment included.
SB 110-HUMAN TRAFFICKING/SEX OFFENSES
2:29:11 PM
CHAIR FRENCH announced the consideration of SB 110.
2:29:19 PM
SENATOR WIELECHOWSKI said the committee has heard that there are
human traffickers targeting young Native girls, and it is a
serious problem. He noted that putting someone on a plane from a
village to Anchorage for the purpose of sex trafficking should
be made illegal. There is a trafficking law, but it only applies
to transporting someone from out of state, not instate. He noted
that the bill does a few things: Section 1 changes human
trafficking in the first degree by adding a provision for
persons under age 18 and increasing the penalty for that; this
section also adds the word "enticing."
Section 2 also adds a provision about "entices", and it adds
that to "move from one place to another in the state"
constitutes the crime of human trafficking.
He noted that there are concerns on the broad nature of the
language. He feels that encouraging someone to move from one
part of the state to another is just as serious as encouraging
them to move from Seattle to Alaska.
Another major provision is in Section 8, which says a judge
should have authority to remove sex offenders who live near
schools, but is not a blanket application to all convicted sex
offenders.
2:34:21 PM
LAUREN RICE, Director of Public Affairs, Covenant House Alaska
(CHA), testified in support of SB 110. CHA offers shelter for
unaccompanied youth--emergency shelter, food, healthcare, access
to permanent housing. It is located in Anchorage, but about 44
percent of the children come from outside of Anchorage and
almost 45 percent are Alaska Native.
Covenant House Alaska began taking an active role in combating
human trafficking about five years ago. Both the Anchorage
Police Department (APD) and the FBI have given them long term
trafficking prevention strategies. CHA has witnessed a visible
decrease around its area, but this is still very prevalent in
the state. CHA has helped kids coming from other countries, out
of state, and in state. Youth in need of protection against
active human trafficking are identified on a monthly basis.
She noted the roots of trafficking are found in childhood
trauma; the vast majority of youth being trafficked are victims
of sexual or physical violence in their younger years. The issue
requires a holistic approach to really protect Alaska's
children. One young woman told CHA staff she could stay at home
and be raped by her grandfather, or she could be paid for the
same act. Covenant House Alaska is committed to giving youth
choices beyond human trafficking.
2:39:07 PM
CHAIR FRENCH asked what the scope of the problem is within the
state.
MS. RICE replied CHA used to collect data on an informal basis
and have become more sophisticated about it. They wanted to make
sure that they had services to help, depending on the answers to
these questions. She said they know that about 50 percent of the
girls in their facility have been sexually abused, and 35
percent of their kids (both male and female) have engaged in
"survival sex" or informal prostitution in order to get the
commodities that they need. Of those, probably half have been
tied to active trafficking situations. But that number is truly
a guess; it used to be significantly more visible and has become
less so because APD has targeted individuals who were hanging
around outside the shelter and targeting kids. However, they
know that kids are still being trafficked on the Internet, and
there is proof of that.
2:41:51 PM
REGINA CHENAULT, representing herself, testified in support of
SB 110. She is a trauma surgeon who has treated patients who
have experienced violent sexual crimes. She serves on the state
violent crimes board, and last year Sexual Assault Against
Minors were the highest growing category of crimes. They don't
know if that is due to increased reporting or increased
occurrence of assaults. She also serves on the State Trauma
Committee, where they are tallying injuries.
She said she is a mother of three and fears this could happen to
her children, because it crosses all groups and all lines. She
noted that 85 percent of Alaska Natives serving a prison
sentence for sexual assault of minors were sexually assaulted
themselves as minors; this is a cycle the state needs to end.
Traffickers are even targeting children who hang out at malls.
She said that the definition of trafficking should be strong,
and should include trafficking within the state. She noted the
Webster Case; there are victims who now have children, drug
dependency, and lifelong STDs.
She recently learned that a group of Koreans are targeting
children in the villages. There's a scheme set up where a
customer cannot get to the point of having sex with a child
until they first hire an adult prostitute and have sex with him
or her. In this way, they ensure it's not a sting operation.
This ring seems to be the fastest growing group that is
targeting children in Alaska.
2:48:20 PM
ANNE CARPENETI, Criminal Division, Department of Law said that
this is a serious problem in the state. She said she had a long
conversation with Sergeant Lacey from APD and learned that the
problem is enforcement. For her, trafficking is moving
individuals from one place to another. But the new trend is what
used to be called "pimping" or "promoting prostitution."
CHAIR FRENCH asked where promoting prostitution comes in, and
what is missing from that statute.
MS. CARPENETI replied nothing; promoting prostitution in the
first degree is an unclassified felony if the person is under
age 18. It is much easier to prove promoting prostitution than
trafficking. Under this bill DOL has to prove force, deception,
and movement for trafficking. This does not attack the problem
of promoting prostitution. It can be called trafficking, but it
is really promoting prostitution of young women. Some young
women actually come to urban areas on their own with no support,
and they become easy victims. Right now, she said, no prosecutor
would bring charges under this bill when he or she could bring
charges under promoting prostitution.
2:51:29 PM
SENATOR COGHILL said one of the problems that he sees is that
some people are surviving off of sexual behavior. He asked if
this would still be under the prostitution issue or would the
trafficking bill take care of this.
MS. CARPENETI replied if you induce or cause someone to engage
in commercial sex, it would be considered prostitution. The
problem is getting the victims to let them know who the
perpetrators are. She said the range of penalty for a first
felony conviction for promoting prostitution of a child under
age 18 is 20-30 years, depending on the age of the victim. If
the victim is under 13, the penalty would be 25-35 years; if the
victim is between 13 and 18, the penalty would be 20-30 years.
Current law takes this very seriously.
SENATOR WIELECHOWSKI said he has a slightly different take on
it. Section 2 deals with human trafficking. It deals with
prostitution, but also adult entertainment--forcing someone to
work through force, or threat of force. When speaking about
prostitution you are only speaking talking about AS 11.41.360.
MS. CARPENETI replied there is a crime in Title 23 dealing with
forced labor. She said DOL has suggestions. For example, the
forced labor of young children in Title 23 for commercial sex is
a class C felony. She agreed that prostitution does not deal
with labor. The problem in the state is not the trafficking,
it's the prostitution. People aren't found and moved from one
place to another; they are found in one place and victimized.
CHAIR FRENCH asked if she could go back over the last five years
and let the committee know how many trafficking prosecutions
there have been and how many prostitution prosecutions.
SENATOR COGHILL clarified how many charges, versus convictions.
MS. CARPENETI said that there are some concerns about the second
degree language, which DOL found to be overbroad. "Entices" is a
very broad word.
SENATOR WIELECHOWSKI said he and his staff have been working
with Ms. Carpeneti.
2:56:41 PM
QUINLAN STEINER, Director, Alaska Public Defender Agency, said
he has the same concerns that Ms. Carpeneti expressed.
Definition of these words becomes quite broad. Enticing does not
imply changing someone's mind or forcing an individual to do
something other than simply offering an enticement. "Move from
one place to another" might run into some constitutional
problems. The combination of the three concepts causes him some
concern on how this might be charged.
2:58:52 PM
DOUG GARDINER, Director, Legislative Legal Services, introduced
himself and said he was available to answer questions.
CHAIR FRENCH said that Senator Wielechowski says that the word
enticed comes from statutes in other states.
MR. GARDNER replied this term comes from the on-line statute in
existing Alaska Statutes. He said he does not have a specific
definition for entice, and is not aware of any case law in the
state that defines this. He noted that Senator Coghill made a
good point; what would happen if you moved an underage person
within the state for sexual purposes, but DOL was unable to
prove there was some type of agreement for prostitution. In that
case, DOL might actually be better off with the proposal for
promoting human trafficking.
3:01:34 PM
Chair French announced he would hold SB 110 in committee.
There being no further business to come before the committee,
Chair French adjourned the meeting at 3:01 p.m.