Legislature(2015 - 2016)SENATE FINANCE 532
04/05/2016 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
| = | SB 207 | ||
| = | SB 208 | ||
| = | SB 209 | ||
| = | SB 210 | ||
SENATE FINANCE COMMITTEE
April 5, 2016
1:46 p.m.
1:46:29 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:46 p.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
April Wilkerson, Director, Division of Administrative
Services, Department of Corrections; Lauree Morton,
Executive Director, Council on Domestic Violence and Sexual
Assault, Department of Public Safety.
PRESENT VIA TELECONFERENCE
Randall Burns, Emergency Services Specialist, Division of
Behavioral Health, Department of Health and Social
Services; Lt. David Hanson, Alaska State Troopers; John
Skidmore, Director, Criminal Division, Department of Law;
Nancy Meade, General Counsel, Alaska Court System.
SUMMARY
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
SB 91 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 91
"An Act relating to protective orders; relating to
conditions of release; relating to community work
service; relating to credit toward a sentence of
imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's
license, privilege to drive, or privilege to obtain a
license; allowing a reduction of penalties for
offenders successfully completing court-ordered
treatment programs for persons convicted of driving
under the influence; relating to termination of a
revocation of a driver's license; relating to
restoration of a driver's license; relating to credits
toward a sentence of imprisonment, to good time
deductions, and to providing for earned good time
deductions for prisoners; relating to the
disqualification of persons convicted of certain
felony drug offenses from participation in the food
stamp and temporary assistance programs; relating to
probation; relating to mitigating factors; relating to
treatment programs for prisoners; relating to the
duties of the commissioner of corrections; amending
Rules 32 and 35(b), Alaska Rules of Criminal
Procedure; and providing for an effective date."
1:47:01 PM
Co-Chair MacKinnon indicated that SB 91 had a new set of
fiscal notes that would be discussed during the meeting.
She directed attention to a spreadsheet titled "CSSSSB 91
(FIN) Version F - Omnibus Crime Law & Procedure;
Corrections" dated 04/05/2016 (copy on file) that
summarized the fiscal notes.
1:47:46 PM
Vice-Chair Micciche noted the following zero fiscal notes
from the Department of Administration (DOA): FN 16 (ADM),
allocated to the Office of Public Advocacy, OMB (Office of
Management and Budget) component number 43; FN 17 (ADM)
allocated to the Public Defender Agency, OMB component
number 1631, FN 9 (ADM) allocated to Motor Vehicles, OMB
component number 2348.
Vice-Chair Micciche turned to the Department of Corrections
(DOC) new fiscal note (COR) allocated to Information
Technology MIS, OMB component number 698. He noted the $1.5
million one-time appropriation services cost in FY 17 with
no additional capital costs.
Co-Chair MacKinnon asked why the fiscal note was not a
capital request since the appropriation was requested only
in FY 17.
APRIL WILKERSON, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF CORRECTIONS, relayed that the
department placed the fiscal note in the operating budget
but felt that, as a one-time appropriation it was possible
to attach it to either budget.
Vice-Chair Micciche reported the DOC fiscal note FN 19
(COR) allocated to Institution Director's Office OMB
component number 1381. He noted that it was the only fiscal
note denoting General Fund (GF) savings. He specified that
in FY 17 the savings amounted to $4.543 million, in FY 18
the savings amounted to $16.446 million, in FY 19 the
savings amounted to $26.713 million, in FY 20 the savings
amounted to $24.427 million, in FY 21 the savings amounted
to $21.998 million, and in FY 22 the savings amounted to
$19.323 million with no capital costs.
Vice-Chair Micciche noted the zero DOC fiscal note FN 20
(DOC), allocated to Statewide Probation and Parole, OMB
component number 2826. He spoke to the new DOC fiscal note,
allocated to Community Residential Centers, OMB component
number 2244 expending $2 million each year for services
from FY 17 through FY 22.
1:52:50 PM
Senator Hoffman asked where the requested positions for the
Parole Board were located. Ms. Wilkerson explained that the
positions for the parole board were all in Anchorage.
Co-Chair MacKinnon asked how the department had come up
with the $2 million threshold. Ms. Wilkerson answered that
the calculation was based on current department staff
expenses for programing services support for the Community
Residential Centers (CRC). The department would provide the
programing service through a contract with the CRC. Co-
Chair MacKinnon noticed that there were no FTEs (Full-Time
Equivalent) associated with the fiscal note. She asked for
clarification. Ms. Wilkerson clarified that the bill
increased the services and requirements for the CRCs. The
department was currently not providing specific programming
for offenders housed in the CRCs. She ascertained that the
services could be provided contractually.
1:55:05 PM
AT EASE
1:56:06 PM
RECONVENED
Vice-Chair Micciche discussed the DOC fiscal note FN 22
(COR) allocated to the Parole Board, OMB component number
695 that expended $775.9 thousand in FY 17 and $700.9
thousand in FY 18 through FY 22. He detailed that the
allocation was for 5 full-time positions with no capital
costs.
Senator Hoffman asked whether the positions were based in
Anchorage. Ms. Wilkerson answered in the affirmative.
Co-Chair MacKinnon asked whether the department had a
reason why the positions were located in Anchorage instead
of other places throughout the state. Ms. Wilkerson
responded that the Anchorage area was the location of the
majority of the parole hearing activity. Co-Chair MacKinnon
relayed that Commissioner Williams, (Dean Williams,
Commissioner, Department of Corrections) reported that the
parole activity was centered in a "hub" community.
Vice-Chair Micciche addressed the new DOC fiscal note
allocated to Pre-Trial Services, OMB component number 3121.
The appropriation totaled $3.904 million in FY 17 that
included 31 full-time positions and in FY 18 through FY 22
the appropriation totaled $15.616 million for each year
including 125 full-time additional positions in the out
years with no capital request.
1:58:54 PM
AT EASE
2:01:35 PM
RECONVENED
Vice-Chair Micciche reviewed the positions on the fiscal
note. The 31 positions included (in the first year) one
Adult Probation Officer V, three Adult Probation Officer
III, a supervisor for each regional office, 24 Adult
Probation Officers I and II, and three Criminal Justice
Technicians I and II.
Co-Chair MacKinnon stated she would ask her staff to create
a working group to address the fiscal note. She announced
that the DOC request was "unacceptable" and declared that
the committee rejected hiring 130 new state employees to
implement the reforms. She referred to a previous fiscal
note that reported savings possibly from the elimination of
other positions and she expected DOC to "redeploy" the
positions to manage the risk assessment tool. She directed
the committee's attention to page 2 of the fiscal note,
third paragraph:
It is anticipated the program will require 125
fulltime positions for (approximately) $16 million…
Co-Chair MacKinnon relayed that there was an option that
required 95 positions and reduced the fiscal note by $4
million. She suggested that a centralized office performing
the assessments might save resources. She wanted to work
with the department to reduce the fiscal note.
Vice-Chair Micciche outlined that the out years added
additional positions. Co-Chair MacKinnon relayed that the
committee had asked the commissioner about the use of high-
level positions such as the Adult Probation Officer V. She
wanted to see corresponding cost savings before spending
$15 million on new positions.
2:05:08 PM
Senator Bishop referred to page 2 of the fiscal note, and
referenced the "assumptions that were made to calculate
pre-trial costs" and asked whether the costs were based on
a nationwide industry standard. Ms. Wilkerson answered in
the affirmative. She explained that the state had
approximately 32 thousand individuals processed through the
court system. She noted that other states experienced 70
percent of the court population placed in the pre-trial
services program.
Co-Chair MacKinnon interjected that the bill would be set
aside while the fiscal notes were being reconsidered.
Vice-Chair Micciche moved to the Department of Health and
Social Services (DHSS) fiscal note allocated to Behavioral
Health Treatment and Recovery Grants, OMB component number
3099 in the amount of $2.5 million in FY 17 and $3 million
from FY 18 through FY 22. He stated that "the grants and
benefits would be provided to the existing re-entry center
and to community re-entry coalitions to expand access to
treatment and support services."
Senator Dunleavy asked whether any additional funding was
anticipated from the federal government for behavioral
health and substance abuse and wondered whether the money
was considered for reform purposes. Co-Chair MacKinnon
stated that the question would addressed by the fiscal note
working group.
2:08:14 PM
RANDALL BURNS, EMERGENCY SERVICES SPECIALIST, DIVISION OF
BEHAVIORAL HEALTH, DEPARTMENT OF HEALTH AND SOCIAL SERVICES
(via teleconference), addressed the fiscal note. He
explained that the reinvestment efforts were "recalculated"
and the governor's office "suggested" that $2.5 million
would be available for the Division of Behavioral Health.
The department examined other reentry programs and
calculated what it would cost to establish a funding stream
for inmates returning to their communities; to assist with
housing, employment and social supports. He based the
fiscal note on a variety of support services that local
reentry coordinators could choose from to help support the
inmates upon release.
Co-Chair MacKinnon stated that when the committee worked on
SB 74 (MEDICAID REFORM; TELEMEDICINE; DRUG DATABASE) [CHAPTER
25 SLA 16 - 06/21/2016] they redeployed money to behavioral
health services and often matching money was available. She
wondered whether matching funds were available for the
items in the fiscal note. Mr. Burns thought that matching
funds were available and he was working on what items were
reimbursable. Co-Chair MacKinnon pointed to the "net spend"
of $8.735.3 million and asked him to look for further
reductions. She invited him to participate in the fiscal
note working group. Mr. Burns agreed to participate and re-
examine the fiscal note.
Senator Olson compared DHSS the fiscal note to the fiscal
note from DOC for CRCs behavioral disorders amounting to $2
million and wondered about duplication of services. Mr.
Burns did not believe the department was duplicating
services. He revealed that the program in question was well
established and identified the variety of resources
available for the specific program. He offered to examine
the fiscal notes with DOC.
2:13:47 PM
Co-Chair MacKinnon referred to page 2, paragraph 4 of the
fiscal note and noted that that analysis spoke to the
division's assistance in planning community reentry
centers. She wondered whether the state had paid for
planning services for the one reentry center currently in
operation. Mr. Burns answered in the negative. He stated
that the goal of the bill was to reduce recidivism. He
clarified that beside the reentry center in operation in
Anchorage, there were coordinators in other communities and
the division hoped to expand the capacity of the other
reentry programs. Co-Chair MacKinnon requested that he look
for other federal reentry grant funding.
Vice-Chair Micciche discussed the new DHSS fiscal note
allocated to the Alcohol Safety Action Program (ASAP) OMB
component number 305. He revealed that the fiscal note
appropriated $30.3 thousand in FY 17 and $29.2 thousand in
FY 18 through FY 22. He noted that the funding was
specifically for manuals and trainings. Vice-Chair Micciche
asked about the assumptions on page 2 of the fiscal note
that reported the ASAP office received 3,969 new cases in
FY 15 and the private grantee offices received another
3,079 new adult cases in FY 15. He read the following from
the analysis:
… with the referral criteria limited by newly proposed
statute and the development of administrative
regulations there should be closer to 4,000 referrals
per year total…
Vice-Chair Micciche wondered why the division requested
increased funds when the number appeared to be reduced by
40 percent in overall referrals. Mr. Piper stated that the
assumption was based on a "re-tooling" of how the Alcohol
Safety Action Program (ASAP) office operated. He noted that
the bill mandated that the office perform more than just
screening for substance abuse. The bill required ASAP to
screen for "criminogenic risk needs" and monitor high risk
individuals more closely, which required new training for
all staff in all offices.
Co-Chair MacKinnon was concerned about Mr. Piper's use of
the phrase "high risk." She recounted a discussion with
Commissioner Williams about the "high risk" label that
referred to a higher monitoring level but not a high risk
to public safety. She asked for comments. Mr. Piper
clarified that when he used the phrase "high risk" he was
referring to individuals that were at a "higher risk" for
not completing the requirements and possibly reoffending.
Co-Chair MacKinnon wanted to confirm her understanding that
the label did not mean a higher risk to the public. Mr.
Piper confirmed her understanding.
2:18:57 PM
Vice-Chair Micciche mentioned the zero DHSS fiscal note FN
27 (DHS) allocated to Probation Services, OMB component
number 2134 with no capital expenditure.
Vice-Chair Micciche reviewed the Department of Law (DOL)
fiscal note allocated to Criminal Justice Litigation, OMB
component number 2202 that was indeterminate from FY 17 to
FY 22. He relayed that the following from the fiscal note
analysis:
The Department of Law anticipates an increase in the
number of trials as well as an increase in the amount
of work required for misdemeanors due to these
changes.
… Another new requirement is a risk assessment by a
pretrial services officer. That assessment along with
recommendations on conditions of release must be
presented to the judge, prosecutor, and defense
attorney before each person is arraigned. How those
assessments are conducted, interpreted and applied may
result in new litigation.
Because inability to pay would be an allowable basis
for requesting a bail review hearing, bail review
hearings will be available to a larger group of people
and may result in an increase in hearings. It is
unclear exactly how many more hearings or how much new
litigation will result from these sections. Therefore,
the department is unable to quantify the impact of
these sections at this time.
Co-Chair MacKinnon wanted feedback from committee members
on the fiscal note, and noted that the department could not
quantify the cost. She had seen other committee chairs zero
out indeterminate fiscal notes.
Vice-Chair Micciche clarified that there were five sections
in the fiscal note analysis, the first two; Reduction in
Sentence Length and Bail Reform he previously referred to.
The department also spoke to Capping Time Imposed for
Technical Violations of Probation, Drug Offenses, and
Suspended Entry of Judgement that did not anticipate a
fiscal impact. He suggested requesting an expected range of
costs estimated by DOL. Co-Chair MacKinnon agreed with the
Vice-Chair's assessment and voiced that she would discuss
the fiscal note with the working group.
Vice-Chair Micciche noted the new zero Department of Public
Safety fiscal note allocated to Alaska State Trooper
Detachments, OMB component number 2325 with no capital
costs.
LT. DAVID HANSON, ALASKA STATE TROOPERS (via
teleconference), confirmed that the troopers did not expect
any additional fiscal impact from the legislation.
2:22:58 PM
Co-Chair MacKinnon asked whether Mr. Skidmore had comments
about the department's fiscal note and if he would
participate in the working group.
JOHN SKIDMORE, DIRECTOR, CRIMINAL DIVISION, DEPARTMENT OF
LAW (via teleconference), voiced that his preference was to
provide figures for any anticipated fiscal impact but the
impact was unknown. He shared that he had directed the
fiscal note to be indeterminate because he was truly unable
to calculate impacts. He was happy to participate in a
working group. Co-Chair MacKinnon thanked Mr. Skidmore and
indicated that he had done what he could do on behalf of
the department and the committee's approach was to zero out
any currently unknown costs.
Vice-Chair Micciche discussed the new DPS fiscal note
allocated to the Council on Domestic Violence and Sexual
Assault, OMB component number 521. He noted that the
appropriation was $2.5 million in FY 17 which included one
full-time position and increased to $3 million per year for
services, grants, and benefits from FY 18 through FY 22. He
summarized the second page of the fiscal note as follows:
Section 163 of this bill implements reforms identified
and recommended by the Alaska Criminal Justice
Commission (ACJC) in its Justice Reinvestment Report
by adding uncodified language instructing the Council
on Domestic Violence and Sexual Assault (CDVSA) to
create or expand community-based violence prevention
programming and services for victims of a crime
involving domestic violence or sexual assault….
…Funds will be used to support local communities in
expanding readiness to implement prevention services
most applicable to their own community….
Another priority of the victim service roundtables was
to provide sexual assault forensic exams to victims
through community health aides and/or public health
nurses. CDVSA will bring together a workgroup of
stakeholders including victim service providers,
health aides, tribal health consortiums, public
health, law enforcement and law to address this issue
and prepare a plan for implementation by FY18.
One Program Coordinator I position would be added to
the staff to ensure a robust implementation of the
projects with appropriate technical assistance and
monitoring of grant funds.
2:26:15 PM
Senator Dunleavy asked whether the programs were research-
based. Co-Chair MacKinnon replied in the affirmative. HE
restated his question about the programs listed on the
second page of the fiscal note analysis and wondered
whether all of them were research based.
LAUREE MORTON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, DEPARTMENT OF PUBLIC SAFETY,
discussed the programs in question. She shared that the two
programs; COMPASS and Talk Now Talk Often were developed in
the state and the council was currently evaluating them.
The programs were only in operation for two years and the
research was not yet available. She confirmed that the
other listed programs were all evidenced based. Senator
Dunleavy asked whether any of the programs were destined
for use the schools. Ms. Morton stated that some programs
such as Coaching Boys into Men and Girls on the Run were
used school facilities.
Senator Bishop asked how many additional communities or
individuals the programs would serve for the additional
funding. Ms. Morton agreed to provide the information.
Co-Chair MacKinnon communicated to Ms. Morton that the cost
savings anticipated by the sponsor were falling short of
the reinvestment needed and requested that she participate
in the working group.
Vice-Chair Micciche presented the zero Judiciary (JUD)
fiscal note FN 32 (CRT) allocated to Trial Courts, OMB
component number 768, with no capital expense.
2:30:24 PM
Co-Chair MacKinnon asked whether the Court System
anticipated any savings from the legislation.
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM (via
teleconference), did not anticipate any savings. She
commented that the bill contained some provisions that
potentially decreased its caseload and some provisions that
increased the caseload. She specified that the use of
citations in lieu of arrest did not change the caseload it
only changed the way a case began. She thought some drug
offenses could move down to misdemeanors and could possibly
create marginal savings. She anticipated more bail
hearings, petitions to revoke probation hearings, and
misdemeanor trials and hearings. She reported that overall
the Court System had determined that they would not lose
staff due to decreases or need additional resources due to
increases. She considered the outcome a "wash."
Senator Bishop was curious whether Judiciary (JUD)
estimated the amount of time necessary to develop the new
Pre-Trial procedures in cooperation with DOC. Ms. Meade
stated that the programs had a delayed effective date of
approximately one and a half years. She furthered that most
of the initial work was DOCs and the Judiciary would work
closely with the department on regulations and logistics.
Vice-Chair Micciche discussed the JUD fiscal note allocated
to the Judicial Council, OMB component number 771, which
requested $67.9 thousand in FY 17 in addition to the amount
included in the governor's FY 17 budget of $193.8 thousand
totaling $261.7 thousand and continued through the out
years to FY 21. The fiscal note included a full-time and a
part-time position. He read from the third paragraph on
page 2 of the fiscal note:
The Council anticipates that it could continue to
support the commission's work with the new
requirements by slightly
Increasing the existing staffing level, beginning in
FY17. The request is to increase the existing 30-
hour/week attorney position to full time (37.5
hours/week); to add 9 hours per week to the research
analyst's time (increasing the hours from 20/week to
29/week); and to add 7.5 hours per week of
administrative support….
2:35:25 PM
AT EASE
2:35:41 PM
RECONVENED
Co-Chair MacKinnon explained the reason for the fiscal
note. She related that the sponsor wanted to continue the
work of the commission in the areas of reinvestment and
public safety. The commission would monitor DOC and the
other agencies during the process of implementing changes
in the criminal justice system.
Vice-Chair Micciche continued to read from page 2 of the
fiscal note:
… A full-time attorney is needed to be a consistent
liaison between the commissioners, policy makers, and
the public, to guide the work of the commission, and
to provide information to state policy makers as
requested….
…The Council will need to rent office space for the
Research Analyst ($29,000 year), and parking for two
employees ($1,800 per year)….
Co-Chair MacKinnon remarked that the cost for rent could be
cut.
Vice-Chair Micciche reviewed the agency totals listed on
the spreadsheet. He relayed that the DOC total was $3.637.1
million in FY 17 with the addition of 36 positions. The FY
18 total was $1.871.6 million with 130 positions. Savings
were demonstrated from FY 19 through FY 22 in order as
follows; $8.4 million, $6.1 million, $3.6 million, and $1
million with 130 new positions added each year.
Co-Chair MacKinnon referred to the commission's finding
that the state needed a new prison facility by 2019. She
could not recall the cost. Vice-Chair Micciche recalled
that the cost was approximately $150 million. Co-Chair
MacKinnon believed that the sponsor of the bill had
indicated that with the implementation of corrections
reform, the new facility was not necessary and some prison
facilities would close by FY 19. Vice-Chair Micciche
thought it was anomalous that the savings were increasingly
diminished if the former statement was correct. Co-Chair
MacKinnon stated she would follow up with the fiscal note
working group to attempt to quantify the costs to the state
that would be a one-time expense with ongoing operating
expenses. She communicated that other members of the
legislature wanted a comparison of the costs of housing
inmates out of state versus reforms.
2:40:46 PM
Vice-Chair Micciche thought there were segments of the bill
that were difficult to quantify, such as state agencies
that were supporting the families of those that were
incarcerated. He supported the efforts to "tighten up the
fiscal notes." Co-Chair MacKinnon offered that he was
welcome to join the working group discussions.
Senator Dunleavy suggested looking for the possibility of
fund sources other than UGF (Undesignated General Funds)
and ensuring reform programs were research based.
Vice-Chair Micciche addressed the DHSS fiscal note totals.
He reported that in the area of behavioral health in FY 17
the total was $2.530.3 million and increased to $3.029.2
million in FY 18 through FY 22.
2:42:31 PM
AT EASE
2:43:22 PM
RECONVENED
Vice-Chair Micciche clarified the DHSS figures. He noted
that in FY 17 the behavioral health total was $2.5 million
and $30.3 thousand for ASAP totaling $2.530.3 million. In
the out years, FY 18 through FY 22 the increase for
behavioral health was $500 thousand and ASAP expenses
decreased to $29.2 thousand. In addition, no additional
FTEs were associated with the appropriations.
Vice-Chair Micciche addressed the summary of fiscal notes
from the Department of Law that was indeterminate with no
additional FTEs. He turned to the summary of fiscal notes
from DPS that totaled $2.5 million in FY 17 for the CDVSA
that increased to $3 million in FY 18 through FY 22 with
one position added to CDVSA from FY 17 through FY 22. He
added that no additional expense was designated for the
State Trooper Detachments. He addressed the JUD summary of
fiscal notes, which reported a $193.8 thousand governor's
request for the Judicial Council in FY 17 which was added
to the $67.9 request for a total of $261.7 thousand. The
figure continued through FY 21 and was zero in FY 22. He
drew attention to the total for all funds that amounted to
$8.9 million in FY 17 and $8.1 million in FY 18, a savings
of $2.1 million in FY 19, $181.6 thousand request in FY 20,
in FY 21 the total was $2.7 million and in FY 22 the total
was $5 million. He reported the position counts. In FY 17 a
total of 38 positions was reported in FY 17, a total of 132
positions in FY 18 through FY 21, and in FY 22 a total of
131 positions were anticipated.
SB 91 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon discussed the schedule for the remainder
of the day.
ADJOURNMENT
2:49:24 PM
The meeting was adjourned at 2:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 91 Omnibus Crime Bill Fiscal Note Summary CS SS SB91(FIN) Version F 4-5(2).pdf |
SFIN 4/5/2016 1:30:00 PM |
SB 91 |