Call to Order and Roll Call
The 6th meeting of the Interim Joint Committee on Judiciary was held on Friday, November 3, 2017, at 10:00 AM, in Room 169 of the Capitol Annex. Senator Whitney Westerfield, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative Joseph M. Fischer, Co-Chair; Senators Joe Bowen, Danny Carroll, Perry B. Clark, John Schickel, Dan "Malano" Seum, and Robin L. Webb; Representatives John Blanton, Larry Brown, Tom Burch, McKenzie Cantrell, Daniel Elliott, Angie Hatton, Joni L. Jenkins, Chad McCoy, C. Wesley Morgan, Kimberly Poore Moser, Jason Nemes, Jason Petrie, Brandon Reed, and Ken Upchurch.
Guests: Senator Whitney Westerfield, Ashlea Christiansen, Stella Moore, Caroline Ruschell, Winn Stephens, Laura Sudkamp, and Michelle Kuiper.
LRC Staff: Katie Comstock, Alice Lyon, Chandani Kemper, Dale Hardy, Matt Trebelhorn, and Elishea Schweickart.
Constitutional Rights for Crime Victims
Senator Westerfield, along with Ashlea Christiansen, Kentucky Executive Director for Marsy’s Law, and Stella Moore, discussed Marsy’s Law.
Legislation for Marsy’s Law was filed in 2016 and again in 2017. Marsy’s Law proposes changing Kentucky’s constitution to create rights for crime victims. Kentucky is one of 15 states in the country that does not have some form of crime victim rights codified in their constitution. These constitutional rights would include:
· Right to notice of court proceedings;
· Right to be present at court proceedings;
· Right to be heard at plea, sentencing, or any other proceeding implicating the victim’s rights;
· Right to notification of the release or escapes of the accused;
· Right to be treated with fairness and respect for the victim’s safety, dignity, and privacy;
· Right to due process and a meaningful role in the criminal justice system;
· Right to be informed of the constitutional rights afforded to victims of crime;
· Right to full and timely restitution; and
· Right to constitutional standing.
Senator Westerfield stated that while it is important that the accused have constitutional rights, the victims deserve them as well and this bill would not infringe on the constitutional rights of the accused.
Ms. Christiansen thanked many legislators for their support of Marsy’s Law. Marsy’s Law is named after Marsy Nicholas, a woman who was murdered by her ex-boyfriend. After her death, her family was harassed by the suspect and was not informed of his release. Ms. Christiansen stated that enacting Marsy’s Law in Kentucky would help ensure that no other family experiences this type of retraumatization. She also stated that Marsy’s Law is needed because when the accused is arrested and charged it is considered a crime against the state and victims become only witnesses. Marsy’s Law would create a meaningful role in the criminal justice system for victims.
Ms. Moore, a Marsy’s Law advocate, also spoke in support of the bill. She told the story of how her 21 year old grandson, Skyler, was shot. For three months, Skyler suffered physically before passing away. Since his passing, Ms. Moore stated that she has had very little information on the person accused of shooting her grandson. She urged the General Assembly to consider passing Marsy’s Law in the 2018 Regular Session.
Senator Westerfield stated that Marsy’s Law is a nonpartisan issue that stands for crime victims.
Responding to a question from Senator Seum, Senator Westerfield stated that prosecutors would shoulder most of the burden from Marcy’s Law. However, prosecutors’ offices already have a victims advocate.
Responding to a question from Representative Cantrell, Senator Westerfield stated that the current version of Marsy’s Law does not contain many changes from the version that was filed in the 2017 Regular Session.
Responding to a follow-up question from Representative Cantrell, Senator Westerfield stated that workplace protection to allow victims to exercise their rights is not explicitly in the bill but it is something they are willing to consider.
Responding to a question from Representative Jenkins, Senator Westerfield stated that he does not believe there will be an appropriations measure in this bill.
Overview of Child Advocacy Centers
Caroline Ruschell, Executive Director for the Kentucky Association of Children’s Advocacy Centers, and Winn Stephens, Executive Director for the Children’s Advocacy Center of the Bluegrass, testified.
Before the Children’s Advocacy Center (CAC) model, many children were required to tell the stories of their abuse to several different people and may have been asked inappropriate questions by someone not trained in post-traumatic investigation tactics. Not only did this make it difficult for victims to get the help that they needed, but it also made it difficult to get convictions.
The CAC model, which was adopted in 1998, allows children to come to a comfortable location and tell their story only once. Once an officer or case worker receives a report, they can bring the child to a CAC. The child tells their story once to a trained interviewer who knows the questions to ask without retraumatizing the child, then a team of professionals make a decision on how to proceed with the case. CACs also offer therapy, medical examines, courtroom preparation, victim advocacy, case management, and other services. All services offered are provided in one location that is made as comfortable, private, and safe for these children as possible. All children in the 120 counties in Kentucky are represented by one of the 15 CACs across the Commonwealth. Although many CACs are involved in cases of sexual abuse, there are also cases of physical abuse, neglect, and children who witness violence. Also, four of the 15 centers are considered dual centers, which means they serve other programs outside of the CAC.
Ms. Ruschell stated that Kentucky is not the only state with CACs, but there are over 820 CACs across the country. Also, every state has legislation that requires multiple agencies and communities to work together on cases of child abuse. Kentucky’s CACs adhere to statutes and regulations placed upon them from the state, as well as the National Children’s Alliance standards for accreditation.
State funding received by CACs is $3.4 million, which includes some tobacco funding and funds for retirement. CACs also received a slight increase in the last budget session, which Ms. Ruschell was thankful for. CACs are also non-profit organizations, which allows them to receive private donations. The total cost for all 15 centers is about $15 million annually.
In fiscal year 2017, 6674 new children were seen at CACs across the state. CACs conducted 5217 interviews, 887 medical examines, and provided 8788 mental health services. Ms. Ruschell stated that they saw a nine percent increase from the year before in unduplicated children, an eight percent increase in forensic interviews, a six percent increase in mental health, and a slight trend toward female victims. Ms. Ruschell attributed some of the growth to additional satellite centers that are being opened across the state. These satellites are currently located in Franklin County, Prestonsburg, Harlan, and Murray.
Ms. Ruschell discussed the CACs’ program development. She stated that there has been expansions with the mental health programming, including the use of art and music therapy. CACs have started to use “coaching parents in real time”, which allows a therapist to work with a parent on interacting with their child. There have also been improvements with responses to sub-populations.
Responding to a question from Senator Carroll, Ms. Ruschell stated that the Purchase Area Sexual Assault and Child Advocacy Center is the designated center in Paducah, Kentucky.
Responding to a question from Senator Webb, Ms. Ruschell stated that many of the satellite centers are located in space within other existing facilities which also helps with funding. The rest of the funding is raised by CACs.
Responding to a question from Representative Moser, Ms. Ruschell stated that part of their growth is from the new types of abuse cases that are coming in. Law enforcement officers and social workers are referring more cases to CACs.
Responding to a question from Representative Morgan, Mr. Stephens stated that while many child victims come from homes where drug abuse is involved, he is not qualified to say that drug abuse is abuse of a child.
Safe Act Update
Laura Sudkamp, Laboratory Director for Kentucky State Police (KSP), presented a Safe Act testified.
The Sexual Assault Forensic Evidence Act, also known as the Safe Act, addresses the sexual assault kit back log and attempts to prevent a future backlog from taking place. The requirements of the Safe Act that are associated with the laboratory include:
· Kits to be turned into the lab within 30 days;
· Kits to be completed within an average of 90 days by 07/01/2018;
· Kits to be completed within an average of 60 days by 07/01/2020;
· Rules on Evidence Retention; and
· $4,500,000 in fiscal year 2015-2016 shall be transferred to the KSP to support statewide law enforcement purposes, including funding to reduce the DNA backlog at KSP Forensic Laboratories.
KSP’s laboratory has created an online kit tracking system and each kit is stickered in order to make sure everyone involved complies with KRS 524.140. Of all the kits in the system, Ms. Sudkamp stated that most kits are submitted within 30 days. Not all hospitals have access to the tracking system but KSP laboratory is rolling it out to everyone as quickly as possible. Along with the tracking system, KSP’s laboratory is educating hospitals and law enforcement when possible.
The DANY Grant, a grant awarded to KSP’s laboratory from the District Attorney of New York, has proven extremely useful so far. The outsourcing results are as follows:
· Kits sent for testing – 3173;
· KSP reviewed kits – 1129;
· Profiles added to CODIS – 356;
· Number of current hits – 150.
KSP laboratory worked with the Attorney General’s office on a grant where KSP received additional funding to test “boomerang” kits. Ms. Sudkamp explained that boomerang kits are kits that at some point came to the laboratory, were sent back without being tested, and are now returning to the lab to be retested
Ms. Sudkamp discussed DNA expansion. Currently, the laboratory is getting outpaced in forensic biology assignments. There were 46,000 cases in 2016, and there have already been more cases this year than last. Ms. Sudkamp stated that it is taking the lab over a year to complete DNA analysis. The slow turnaround from the loss of employees is due to the low salaries of laboratory technicians. KSP hopes the turnaround time shortens in the near future.
With some of the $4,500,000 KSP’s laboratory received, renovations were made to the lab. Space was increased, which included the evidence intake area. Money was also spent on new equipment. These changes allowed for an increase in productivity so that the kits can be completed.
Ten forensic biologists were hired, seven remain on staff and should be finished with their training by the end of December. Training for the forensic biologists was contracted out in order to keep all the current analysts working. The laboratory also hired three evidence technicians and two laboratory technicians. Ms. Sudkamp stated that they hope they will be able to keep the remaining new employees and not lose them to other laboratories. She stated that once all the new employees begin working she believes the laboratory DNA turnaround time will drop.
Responding to a question from Representative Blanton, Ms. Sudkamp stated that KSP’s laboratory is the only public crime laboratory in Kentucky and they service every law enforcement agency across the state for no charge. KSP’s laboratory gets about 45,000 to 46,000 cases every year.
Responding to a question from Senator Carroll, Ms. Sudkamp stated that if KSP laboratory is invited to speak at a college fair or career day, they will go and try to speak with new recruits.
Responding to a question from Representative Cantrell, Ms. Sudkamp stated that KSP’s laboratory has a starting salary of $32,000, and many times the low starting salary is the reason the laboratory has a difficult time retaining employees.
“I Am Evidence” Documentary
Michelle Kuiper, a victim advocate, told the emotional story of how she and many others have been sexually assaulted. Ms. Kuiper then showed a 20 minute clip from an HBO documentary called “I Am Evidence.” The documentary is about sexual assault in America. Ms. Kuiper asked the committee to view the complete documentary.
Responding to a comment from Senator Carroll, Ms. Kuiper stated that statistics show that only two to ten percent of sexual assault allegations are false. She also spoke in favor of trauma based-training for law enforcement, victim advocates, nurses, and doctors.
Responding to a comment from Representative Cantrell, Ms. Kuiper stated that she believes there are myths that surround sexual assault and that they need to be broken, which is why research and training is important.
There being no further business, the meeting was adjourned at 12:03 PM.