Legislature(2001 - 2002)
02/28/2001 01:45 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 1330
SB 105-VICTIMS' RIGHTS/ PRISONER'S PFD
SENATOR HALFORD said this bill went through both the house and
senate last year. SB 105 puts the victims' advocate in the
legislative branch and is the implementation of the constitutional
amendment. An attorney represents the State of Alaska and the
accused but the victim usually does not have representation. SB
105 tries to provide help for the victim in a professional way so
he or she can maintain and defend their rights.
MS. JULIE LUCKY, staff to Senator Halford, said there had been a
question on partially exempt service versus exempt service. On
page 4 of SB 105 the victims' advocate is put into exempt service.
Section 6, which is the listing of all jobs under the partially
exempt service, was not changed to conform to exempt service. The
office was listed as exempt on page 4 and partially exempt in
Section 6. In order to make the two conform, an amendment was
needed for Section 6. The drafter preferred that the committee
pass a conceptual amendment because at that time he was not sure
what the line number would be. The conceptual amendment on page 10,
line 13 will read: Sec. 6. AS 39.25.110, and the line numbers will
change accordingly.
SENATOR DONLEY moved to accept the conceptual amendment. There
being no objection, conceptual amendment #1 passed.
Number 1412
MS. LAURIE HUGONIN, Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA), said ANDVA appreciates the victims' office being
put back into the legislative branch. ANDVA would like to have
resources put toward the beginning of interaction instead of toward
the complaint side at the end. This way it could be seen that
there were enough victim witness coordinators, enough information
so people would know their rights as a victim, and enough advocacy
groups to help victims through the process from the beginning.
MS. HUGONIN said it would be helpful to look at the statutes where
victims are given the right to speak for themselves in court -
possibly amending the statute to allow someone else to speak for
them.
CHAIRMAN TAYLOR asked her if ANDVA supports SB 105.
MS. HUGONIN said ANDVA does not oppose the bill but it does not
support the bill either. ANDVA does have concern with how the
resources would be directed.
MR. DEAN GUANELI, Criminal Division, Department of Law (DOL), said
prosecutors have recognized the need for treating victims well for
a long time. Statistical data show that cases are sometimes won
and lost because victims and witnesses do not want to cooperate.
Federal funds have allowed the criminal division to create the
victim witness assistance program whereby paralegals are working to
provide help to victims and witnesses through the criminal justice
process. In order to win cases, victims and witnesses need to
help. With the help of federal funding from the Violence Against
Women's Act, DOL has been able to provide training for prosecutors
and paralegals every year. DOL provides a number of brochures that
explain the criminal justice process and rights to crime victims.
All of the brochures are translated into Yupik and Inupiat. DOL
provides the victim with a form that he or she is to sign. The
form tells them that if they want to exercise the rights granted
under current law they should not talk to the defense attorney or
the investigator. After the form is signed it is given to the
defense attorney, invoking the victims' rights under current law.
Defense attorneys do not like this and have challenged the statutes
that now exist to protect victims from defense tactics. DOL
believes there are more resources that could be brought to bear to
help all criminal justice agencies provide more direct service to
victims. The governor has identified a way to do this in SB 107.
The efforts toward victim restitution statutes have been in how the
courts go about setting restitution and what presumptions they make
and who bears the burden of proof, but little attention has been
given to practical problems. DOL proposes a more formal collection
system within DOL so the collection unit can also collect
restitution for victims. Another proposal is found in the criminal
division's budget to fund a volunteer coordinator position. This
position has been federally funded but the funding is going away.
The position has volunteers working in the prosecution offices
making contacts with victims, issuing subpoenas, and collecting
information from victims.
Number 2107
MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of
Health and Social Services (DHSS), said when he started his
juvenile probation career there was a philosophy that the system
was offender focused. With a change in the Alaska constitution and
enactment of other legislation, the restorative justice philosophy
has been adopted by DHSS. With this philosophy, the concerns and
needs of the victim have been elevated to be equal to any of the
concerns for the offender. There are four parts of the juvenile
justice system: 1) Prevent repeated criminal behavior. 2) Restore
victims and communities to wholeness. 3) Protect the public. 4)
Help the young person to develop competency so they can become a
productive citizen. One way to implement this is to focus energy
on the needs of the victim. DHSS worked to understand victims and
apply the rights that were afforded them in the constitution and
statutes. The biggest right, as it related to the juvenile system,
was notification of delinquency proceedings, which prompted
questions from victims about the juvenile offender. The
restorative justice system was codified in the delinquency chapter
and a number of adjustment were made to the confidentially section
related to the juvenile system. One was that DHSS was authorized
by law to share information with victims. As DHSS starting to
share this information with victims, the entire system began to
shift. Offenders started to see, when the victim was in the
courtroom, that the crime was no longer nebulous, it was a real
person they had impacted. Because victims do not understand the
judicial process, DHSS shares information with the offender and the
victim. In the beginning, courts were uncomfortable with a victim
attending the juvenile court proceeding, but now the court system
understands that a victim has the right to be in court when the
juvenile is there. It is becoming common practice for courts to
let the victim speak at hearings and arraignments, having an
incredible impact on the juvenile system.
TAPE 01-6, SIDE B
MR. BUTTCANE noted that it was very beneficial when victims were
allowed into formal proceedings. Alaska statutes have been changed
to allow for victim participation. A case may not be adjusted
until deference has been given to the victim in regards to
restitution satisfaction.
MR. BUTTCANE said SB 105 creates an advocate who can advocate for
victims. This concept cannot be argued with, but it is also
important for a victim to tell his or her story.
MR. BUTTCANE said DHSS has committed some of its federal
delinquency prevention and intervention monies in support of victim
services. DHSS has helped establish victim offender mediation
programs in Fairbanks, Anchorage, and Juneau. These programs are
on shaky grounds because there has not been enough support in
making them work. It takes a great deal of human energy and
investment to keep victims' services going.
MR. BUTTCANE added that when victims are paid attention to, he or
she starts to develop trust, understanding, and appreciation.
Eventually many victims are willing to sit down with the offender
and have a face-to-face dialogue or mediation. This has a great
impact on the juvenile offender, more than any program offered.
From this process, victims start to heal. DHSS advocates more
opportunities for victims to be involved and participate in the
rehabilitative and restorative process.
Number 2109
MS. CHARLOTTE PHELPS, Victims For Justice (VFJ), speaking via
teleconference from Anchorage, noted there are some aspects of SB
105 that VFJ likes, particularly the increase in awards for violent
crimes compensation. Ms. Phelps said medical costs have increased
a lot in the last few years and it is gratifying that the
legislature is increasing the maximum awards. This will go a long
way toward helping victims put their lives back together after a
violent crime.
MS. PHELPS said as long as the funding for the non-profits that
provide the initial support - crisis intervention, on-going
support, and education - is not impacted, having an advocate to
investigate violations of victim rights seems good but she would
prefer the focus to be on the front-end. VFJ would like some type
of reassurance that establishing this office would not take funds
away from non-profit organizations that provide the front-end
service. VFJ also feels it is important for victims to tell their
own story.
MS. PHELPS said VFJ does not support SB 105 completely but it is
also not against the bill.
CHAIRMAN TAYLOR said SB 105 would not interfere with or detract
from funds currently going to non-profit organizations. He said it
might be of value to have a legislative funded position that would
advocate to the legislature for the entirety of the program.
Number 1862
MS. CANDICE BROWER, Legislative Liaison for the Department of
Corrections (DOC), said DOC has come a long way in terms of victim
services. Prior to 1996 the main concern for DOC was victim
notification. There was always a concern that when an offender was
released from prison the victim may not be notified. Victims were
given an opportunity to make statements through pre-sentence
investigation reports as well as parole hearings. Since 1996 DOC
has provided approximately 1,355 hours of training to staff on
victim related issues, rights, and concerns. In 1997 DOC was given
a grant through the National Institute of Justice (NIJ) and the
Office of Victims of Crime for a conference where approximately 300
people attended from across the state. The agenda included
Promising Practices and Strategies for Victims' Services in
Corrections. In 1999 a committee was established to implement
victim impact class programs and since that time, DOC has provided
victim impact classes for offenders so he or she may learn the
impact their crime has had on the victim, the victim's family, the
offender's family, and the community. DOC has provided training
for various communities and formed a statewide victim advisory
committee, which includes many of the agencies involved in victim
services. In 1998 SB 25 was passed and an automated victim
notification system was implemented through DOC. In 1999 DOC
provided training for the Keeping Kids Safe program in the Bush.
This was in conjunction with juvenile justice and helped people
become aware of sex offenders in their community. DOC has provided
Victim Information Notification Everyday (VINE) training throughout
the state since 1999. One of the most important things DOC has
done is to help formulate victim advisory committees. There are
active committees in Anchorage, Fairbanks, Juneau, and Bethel and
DOC is working on committees in Kenai, Kodiak, and Mat-Su. In 1999
DOC hired a victim service coordinator with federal funding from
the Council on Domestic Violence and Sexual Assault, and that
person has hired a criminal justice technician to assist.
MS. BROWER said DOC thinks SB 105 is important. DOC also thinks it
is important to reach victims on the front-end, and it is also
important to help victims seek restitution.
MS. JULIE LUCKY, staff to Senator Halford, said NIJ recommended
that states and the federal government create compliance
enforcement programs, sometimes referred to as Victim Ombudsman
Programs. There was also a study from the Office of Victims of
Crime, which talked about the ombudsman offices, saying these
offices can get involved on the front-end. This is why the words
"advocacy" and "investigations afterwards" were used in SB 105.
Ombudsman offices have been able to work with local groups and have
been also been able to get in on the front-end to take care of
problems before they happen. Ms. Lucky said a stand-alone agency
could be very helpful in taking care of things before a sentencing
happens.
MS. LUCKY said the advocacy office in SB 105 does have the freedom
to get in on the front-end. It can also be very helpful having a
neutral third party for a victim and to have one office to call.
SB 105 has a section that allows the victims' advocate offices to
contract out with other agencies, which would be local victims'
groups.
SENATOR THERRIAULT asked if there was a fiscal note for SB 105.
MS. LUCKY responded there are three fiscal notes.
CHAIRMAN TAYLOR said there was a zero fiscal note from the
Department of Revenue, a zero fiscal note from the Attorney
General, and $47,000 going to $45,000 from the Department of
Corrections.
SENATOR DONLEY moved CSSB 105 from committee with the accompanying
fiscal notes and with individual recommendations. There being no
objection, CSSB 105 moved from committee.
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