Legislature(1999 - 2000)
04/19/2000 02:00 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 4(FIN)
"An Act relating to victims' rights; relating to
establishing an office of victims' rights; relating to
compensation of victims of violent crimes; relating to
eligibility for a permanent fund dividend for persons
convicted of and incarcerated for certain offenses;
relating to notice of appropriations concerning
victims' rights; and amending Rule 16, Alaska Rules of
Criminal Procedure, Rule 9, Alaska Delinquency Rules,
and Rule 501, Alaska Rules of Evidence; and providing
for an effective date."
Co-Chair Therriault provided members with a proposed
committee substitute, work draft 1-LS0029\S, dated 4/19/00
(copy on file).
BILL STOLZ. STAFF, SENATOR HALFORD spoke in support of the
legislation on behalf of the sponsor. He noted that the
primary purpose of the legislation was to fill the mandate
of the victim's right constitutional amendment that was
enacted in 1994. The legislation would create an Office of
Victim's Rights, which would have an advocate with powers to
help facilitate the constitutional rights of victims. The
legislation creates a funding mechanism by increasing the
pool of incarcerated persons that would be ineligible for
permanent fund dividends. The Office was placed in the
legislative branch in order to avoid conflicts with other
agencies. Victims for Justice support the legislation.
MIKE TIBBLES, STAFF, REPRESENTATIVE THERRIAULT provided
information on the proposed committee substitute. He noted
that there were two changes in the proposed committee
substitute. The first change addresses the concern of
increasing the size of government.
The victims' advocate shall appoint a person to serve
as acting victims' advocate in the absence of the
victims' advocate. The victims' advocate shall also
appoint assistants and clerical personnel necessary to
carry out the provisions of this chapter. Subject to AS
36.30.020 and subject to the approval of the Alaska
Legislative Council, the victims' advocate shall, to
the maximum extent practicable, conduct the duties and
work of the office by entering into personal services
and other contracts the victims' advocate finds
necessary to carry out the provisions of this chapter.
Co-Chair Therriault observed that there are portions of the
work that could not be contracted out with a private non-
profit organization. He clarified that it is not the intent
that the entire portion be contracted.
Representative Phillips observed that she had not seen the
issue before the Legislative Council. Mr. Tibbles explained
that contracting is under the competitive process set up by
for the Legislative Council. The Legislative Council would
be requested to review the contracts. Representative
Phillips tried to clarify that the Legislative Council would
not be taking the job of victims' rights under its umbrella
and that the Council would only be responsible for letting
out the contract.
Mr. Tibbles noted that the effective date was changed to
July 1, 2002. This would allow receipts to be collected
before the Office is created.
Vice Chair Bunde MOVED to ADOPT work draft 1-LS0029\S, dated
4/19/00. There being NO OBJECTION, it was so ordered.
Co-Chair Therriault noted that updated fiscal notes were
needed.
Representative Phillips noted that the authority was
originally under the Department of Corrections. She
questioned why it was transferred to the Legislative
Council. Mr. Stolz did not know why the authority was
transferred but guessed that the intent was to avoid
conflicts.
Representative Grussendorf observed that the Department of
Corrections is required to notify the victim every time
certain things happen and questioned if the authority is
being removed too far. He asked where the office would be
located. Co-Chair Therriault noted that the entity would be
located within the legislative branch. Mr. Stolz pointed out
that section 10 of the public notice section was amended to
conform to section 9.
Representative J. Davies observed that "traditionally",
ombudsmen are located in the legislative branch since they
are checking up on the administrative branch.
(TAPE CHANGE, HFC 00 - 128, SIDE 1)
Representative Phillips observed that the Legislative
Council had not discussed the transfer of authority. She
requested that the proposed committee substitute be held.
Mr. Stolz pointed out that similar legislation (SB 219,
1998) and the original bill did provide for the ombudsman
authority to be under the legislative branch. The
Legislative Affairs Agency has previously submitted fiscal
notes.
ROBERT BUTTCANE, DIVISION OF JUVINELLE JUSTICE, DEPARTMENT
OF HEALTH AND SOCIAL SERVICES provided information regarding
the legislation. He expressed appreciation for the
participation of victims. He observed that victims help to
hold juvenile offenders accountable for their actions and
have helped reduce recidivism. He noted that portions of SB
4 would add victims' services. He expressed concern that the
legislation would create an "entity to watch the doers of
service, provide services to victims." He suggested that
agencies that work directly with victims be given additional
resources to do more of what they are mandated to do under
the Constitution. He acknowledged that the legislation is
part of the movement toward restorative justice.
In response to a question by Representative Grussendorf, Mr.
Buttcane noted that in the juvenile system, victims are
notified of proceedings of delinquency hearings. Victims are
provided an opportunity to give statements to the court for
juvenile delinquency dispositions. Victims advocacy groups
help arrange victim/offender mediation in the informal
process. Victims are notified when juveniles are being
released from youth facilities. Victims are also given
access to the criminal justice system: notification and
opportunities to be present at sentencing.
Representative Grussendorf questioned what would be the role
of the paralegals and ombudsman mandated by the legislation.
Mr. Buttcane observed that victims sometimes hesitate to
participate in the system and felt that an advocate would
give victims support and help them to take a more active
role in the juvenile and criminal justice processes. He felt
that one of the drawbacks would be that the ombudsman would
highlight deficiencies in the Department of Health and
Social Services' ability to do all that they are asked to do
through negligence or inadequate resources. There is a civil
penalty that could result in punitive action against an
individual or agency. The Department of Health and Social
Services felt that the civil penalty would be problematic.
He stressed the need for more resources and front line
services and questioned the need for an ombudsman.
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW noted that she had not had time to look at the committee
substitute. She echoed the comments made by Mr. Buttcane.
She stated that there are some concerns that resources would
be spent on an ombudsman level of services rather than on
direct services to victims that are already given by other
agencies. She observed that legislation sponsored by
Representative Dyson would provide a provision for
negotiated pleads between defendants and victims. She
stressed that if this legislation were enacted into law an
ombudsman would be kept busy negotiating pleas on behalf of
victims. She noted concern with the potential level of
increased work considering the level of funding accompanying
the legislation.
Representative Phillips noted that the responsibilities of
the Legislative Council go beyond negotiating the contract.
She observed that the legislation states that:
(a) Subject to restrictions and limitations imposed by
the executive director of the Legislative Affairs
Agency, the administrative facilities and services of
the Legislative Affairs Agency, including computer,
data processing, and teleconference facilities, may be
made available to the victims' advocate to be used in
the management of the office of victims' rights and to
carry out the purposes of this chapter.
(b) The salary and benefits of the victims' advocate
and the permanent staff of the victims' advocate shall
be paid through the same procedures used for payment of
the salaries and benefits of other permanent
legislative employees.
(c) The victims' advocate shall submit a budget for
each fiscal year to the Alaska Legislative Council, and
the Council shall annually submit an estimated budget
to the governor for information purposes in the
preparation of the executive budget. After reviewing
and approving, with or without modifications, the
budget submitted by the victims' advocate, the Council
shall submit the approved budget to the finance
committees of the legislature.
Representative Phillips concluded that an agency is being
created.
SB 4 was heard and HELD in Committee for further
consideration.
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