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