Legislature(2021 - 2022)SENATE FINANCE 532
05/02/2022 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB291 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 291 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 291(STA)
"An Act relating to the Council on Domestic Violence
and Sexual Assault; extending the termination date of
the Council on Domestic Violence and Sexual Assault;
and providing for an effective date."
9:05:25 AM
Co-Chair Bishop relayed that it was the first hearing of HB
291. It was the committee's intention to hear a bill
introduction, hear a sectional analysis, take invited and
public testimony, and set the bill aside.
9:05:52 AM
REPRESENTATIVE GERAN TARR, SPONSOR, was appreciative of the
opportunity to present HB 291 to the committee. She
reminded that there were sunset audits that reviewed the
work of different councils. There had been a sunset audit
for the Council on Domestic Violence and Sexual Assault
(CDVSA), and absent the legislation the council would
sunset in June. She thought the legislative auditor could
give a fuller report to the committee, and she was present
to do so. She explained that the audit concluded that the
council was working in the publics interest, and
importantly also concluded that the council was not doing
duplicative work. There had been three recommendations, and
the council director was present to speak on the matter.
Representative Tarr continued to address the CDVSA audit
and explained that she considered the recommendations minor
in terms of audit findings. She listed working on document
retention, improvement of the Battering Intervention
Program database, and timeliness of the annual report
submission and regulation changes. She noted that a couple
of the recommendations were related to Covid-19 and
commented on the difficulty of keeping staff and filling
vacant positions during the pandemic. She discussed
improving the functionality of the database. She detailed
that the audit recommendation was to extend the council
until June 20, 2028, which was included in the legislation.
Representative Tarr continued her bill introduction. She
discussed recommendations for council membership. She noted
that currently there was a designated seat for someone for
rural Alaska, but not a designation for a seat from an
Alaska Native organization. She thought the inclusion of
rural representation helped with understanding service
delivery in places off the road system. She asserted that
the addition of a member from an Alaska Native organization
would ensure the inclusion of an important voice that would
reflect the understanding and interest in addressing the
disproportionality of domestic violence and sexual assault
in Alaska Native communities. She detailed that the bill
more specifically defined a role for recommendations for
members from the Alaska Native Womens Resource Center.
9:09:17 AM
Representative Tarr continued to address the bill. She
noted that the bill proposed to add the chief executive
officer of the Alaska Mental Health Trust Authority
(AMHTA)(or the designee), which would add important voices
and depth of knowledge. She referenced an email from the
Chief Executive Officer of AMHTA, dated March 11, 2022
which indicated the trust supported being added as a member
of the council (copy on file).
Senator Hoffman asked about attendance records of the board
members for the previous two years.
Representative Tarr agreed to provide the information.
Co-Chair Bishop asked Representative Tarr to direct the
information to his office.
Representative Tarr agreed.
9:11:25 AM
DAVID SONG, STAFF TO REPRESENTATIVE TARR, discussed an
Explanation of Changes document (copy on file):
CS for HB 291 Ver: 32-LS1425\G
Following feedback from our partners, we have included
several changes to HB 291:
? Section 1: This section amends AS 18.66.020 to
expand the public membership of the Council on
Domestic Violence and Sexual Assault (CDVSA) to
include a representative from an Alaska Native
Organization. This section also allows for the
governor to consult specifically with the Alaska
Native Women's Resource Center during the appointment
process. The Alaska Native Women's Resource Center
(AKNWRC) and the Alaska Network on Domestic Violence
and Sexual Assault (ANDVSA) also will submit a list of
recommended appointees to the governor.
o This section also creates a new subsection (7)
under AS 18.66.020(a) to include another new
member to the CDVSA, the CEO of the Alaska Mental
Health Trust Authority (or their designee). This
ensures that there is a balance between the
governmental and public members of this council.
? Section 2: This section amends AS 18.66.020(d) in
order to add a definition for "Alaska Native
organization," which is based on federal statute (43
USC 1601 et seq and 25 USC 5304). There are also
numbering changes to reflect the newly-added
definition.
? Section 3: This section extends the length of the
CDVSA to June 30, 2028.
? Section 4: This section states that this Act takes
effect immediately.
9:13:46 AM
KRIS CURTIS, LEGISLATIVE AUDITOR, ALASKA DIVISION OF
LEGISLATIVE AUDIT, referenced the document A Sunset Review
of the Department of Public Safety, Council on Domestic
Violence and Sexual Assault (CDVSA) dated July 30, 2021
(copy on file). She highlighted that overall, it was found
that the council was operating in the publics interest by
funding and monitoring Alaska domestic violence and sexual
assault programs and prevention activities. She shared that
the council had served as a central coordinator for related
services throughout the state, conducted meetings in
accordance with council by-laws, and effectively met most
of its statutory duties. The audit also concluded that the
council should improve document retention, should improve
access to the Batterers Intervention Program database, and
should improve the timeliness of its annual report
submission and regulatory changes. The audit recommended a
six-year extension.
Ms. Curtis highlighted page 9 of the audit, which showed
the schedule of expenditures and funding sources. Also
included on page 25 was Appendix B, which was a listing of
grant payments for the audit period FY 18 through February
2021. The listing of grant payments was organized by grant
program and listed all the grantees and amounts, including
the location. The audit made four recommendations, listed
on page 14 and summarized on the first page of the audit:
1. The executive director should allocate resources to
ensure the annual report is submitted in accordance
with council by laws.
2. The executive director should improve training to
help ensure document retention procedures are
followed.
3. The executive director should work with the
Department of Law to expedite regulatory updates.
4. The executive director should continue to work with
the Department of Public Safety and the Office of
Information Technology to improve access to the
Battering Intervention Program database.
Ms. Curtis detailed that at the time of the audit, the
annual report was approximately five months late. She noted
that the audit had tested 11 grant files, 3 of which were
missing documentation. She noted that at the time of the
audit, the CDVSA regulations had not been updated since FY
06. There were two regulatory projects in progress. She
discussed the delay of regulatory changes due to a change
in administration and the coronavirus epidemic. She
discussed requirements for the database in the fourth
recommendation, which included a full background check that
made the addition of new users time-consuming. She noted
that the managements response to the audit began on page
29 and the commissioner and CDVSA agreed with the
recommendations and supported a six-year extension.
9:17:18 AM
DIANE CASTO, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, DEPARTMENT OF PUBLIC SAFETY,
introduced herself and noted that the previous day had been
the five-year anniversary of her role at CDVSA. She
expressed appreciation of the audit and considered it an
opportunity for improvement and change. She summarized that
over the five years she had been at the council, it had
made significant changes in order to be in alignment with
the federal government and the process of handing out
money. She mentioned an extensive review in 2017, which had
resulted in a number of recommendations.
Ms. Casto addressed the recommendation related to retention
of materials. She asserted that the council was doing an
excellent job at retaining materials. She noted that during
the time of the audit, the council had been in the process
of transitioning from paper to electronic records and had
been changing processes. She asserted that the council was
fully compliant with paperwork retention and had changed
almost completely to an electronic process. In addition,
the council had changed its grant management system and had
contracted with a new Microsoft system that was cloud-based
and allowed grantees to submit information online. She
estimated that council had completed 90 percent of the
training necessary to transition to the new system. She
remarked on how the new system would increase efficiency
and effectiveness in grant management.
9:20:52 AM
Ms. Casto addressed the third recommendation regarding
expedition of regulatory updates. She acknowledged that the
aforementioned regulatory delays had indeed happened. She
noted that the council had been appointed a specific person
to work within the Department of Law and were waiting for
the go-ahead.
Ms. Casto addressed the fourth recommendation pertaining to
the Batterers Intervention Program database. She detailed
that the matter had been a significant concern since she
had arrived. She thought the council had lapsed in its
ability to manage and monitor programs due to budget cuts.
The council had ten approved programs and six current
programs. She emphasized the importance of data collection.
She had reached out to the Office of Information Technology
(OIT) and the council was making great progress. She noted
that council was in the middle of doing an assessment of
needs for the database and would be transitioning to a
cloud-based program for easier access to upload grantee
data. She reminded of the high turnover rate at non-profit
organizations. She relayed that the council was confident
that there would be a new system in place within FY 23.
9:24:01 AM
Ms. Casto noted that the council was undergoing changes to
its programming to make sure it was more data informed. A
work group had started the previous April, which was
reviewing national data and making recommendations. She
mentioned evidence-based programming with new opportunities
for people to apply to programs. She hoped to offer more
programs throughout the state and mentioned interest from
rural areas.
Ms. Casto addressed the first recommendation pertaining to
the council's annual report. She acknowledged that the
council was behind on the report, and detailed that the
2020 report had been due during the pandemic at a time when
maintaining programming was stressful. She used the term
"regulatory discretion" to describe delaying a requirement
when other duties were prioritized out of necessity. She
discussed staff shortages and the lack of a research
analyst and administrative officer, who would have
contributed information towards the report. She affirmed
that currently, a combined 2020-2021 annual report was in
the final draft and would hopefully publish in the
following week. She acknowledged the importance of the
annual report and emphasized the councils transparency
with information that was posted on the internet.
9:28:24 AM
Senator Hoffman thought it was quite disappointing that
Alaska Natives had such high rates of domestic violence as
referenced by Representative Tarr. He referenced additional
programming mentioned by Ms. Casto and asked if there was a
bigger plan to move the state forward in improving the
rates of domestic violence and sexual assault. He did not
think there had been much change to the domestic violence
and sexual assault statistics in the decades since he had
been in the legislature. He emphasized the severity of the
problem. He did not see a plan for substantial changes. He
thought the council was asking for a long extension, and
the legislature would not get additional analysis on the
subject. He thought the board needed to take stronger
action and have a better plan to move forward. He was
concerned about reports and board extensions taking place
with no change to the problem.
9:31:35 AM
Ms. Casto agreed with Senator Hoffman's comments and called
domestic violence in Alaska "an insidious problem." She
commented that it was very difficult to make significant
progress. She emphasized that it was important to ensure
there was a balanced approach. She thought the system and
continuum of current services was unbalanced. She
highlighted that 90 percent of the council's funds went to
victim's services, which left only 8 percent for
prevention. She noted that the council had received $2
million as a result of SB 91 [criminal justice reform
legislation passed in 2016], which she thought was from
marijuana funds. She detailed that the council had $2
million for prevention across the state, with 13 programs
but not enough resources to hire even one full-time staff.
She emphasized that there needed to be more focus on
prevention.
Ms. Casto continued to address Senator Hoffman's comments.
She cited that only 2 percent of the councils funding went
toward working with abusers. She stressed the importance of
dealing with the root cause of the problem. She reiterated
her agreement with Senator Hoffman. She reiterated the need
to balance the services that were provided. She mentioned
the boards participation in a strategic planning process,
in which the two top priorities were rebuilding and
strengthening of battering and prevention programs.
9:34:32 AM
Senator Hoffman asked why the council did not come forward
to request more funds for potential demonstration projects.
He used the example of picking a region of the state and
funding prevention for two to three years. He emphasized
that leadership was needed from the board and Ms. Casto to
start on a solution. He suggested working in the part of
the state with the highest rate of domestic violence and
sexual assault.
Co-Chair Bishop wanted to follow up on Senator Hoffman's
comments. He stated that Ms. Casto had done a great job
with her invited testimony and had addressed all his
questions in her testimony. He echoed Senator Hoffman's
remarks and commented that 8 percent of funding being
directed towards prevention would never bend the curve.
He mentioned the councils strategic planning and suggested
the council identify geographical areas of the state with
greater incidence of domestic violence and sexual assault.
He mentioned seven grants going towards shelters in
different parts of the state, and suggested the council
come back with a plan. He thought a ten to twenty-year
funding increment was necessary if the state was committed
to bending the curve.
9:37:23 AM
Senator Wilson noted that he had worked with shelter and
batterers programs. He thought the affordability of
programs was a challenge. He estimated that outside
programs were $10,000 to $30,000 for only 10 to 20
participants. He wondered if the council had started
developing its own training curriculum for prevention
programs. He thought outside programs with emerging
practices were expensive.
Ms. Casto agreed that canned programs were expensive. She
relayed that the 13 communities that were funded by CDVSA
were funded as a community coalition. Communities were
asked to do a readiness assessment and identify needs, and
used a number of national programs. She mentioned programs
such as Girls On the Run, Let Boys Run, and Coaching Boys
Into Men. She noted that the programs were well-studied,
and that the council provided training. She mentioned there
were a number of prevention evaluation documents on the
councils website. She emphasized the long-term nature of
prevention efforts.
Ms. Casto continued her remarks in response to Senator
Wilson's question. She had worked in prevention since 1978
and had not seen the progress she would have liked. She
emphasized that prevention indicated generational change,
and the ongoing efforts were time intensive. She agreed
with everything that had been said, but asserted it was
difficult to find the perfect balance between requesting
too much funding over time and finding the best programs
considering all the differences in the state. She thought
the council had a strong prevention program that was not
well funded.
9:42:08 AM
Senator Wilson discussed the programs mentioned by Ms.
Casto. He wondered if the council was doing something
different and less expensive because the programs were
making money as a result of the states problem. He thought
even the batterers program was expensive. He wondered if
the council was looking at creating something and
considering best practices to have a less expensive option
to address prevention.
Ms. Casto knew there were many expensive programs and held
that the council was not spending a great deal on its
current prevention efforts after getting statewide
licenses. She noted that the council only had $2 million,
and approximately $1.6 million would be going to sub-
grantees. She thought Senator Wilson was right to bring up
considering what programs were right for Alaska. She said
the council had created some programs for Alaska, that did
not cost a lot. She cited that the challenge of the time
needed to evaluate the success of a program's impact, as
compared to using programs that had been previously tested
and researched.
9:45:20 AM
Senator Wilson asked if the University of Alaska Anchorage
was still doing a victimization survey.
Ms. Casto answered "yes," and noted the council had its
third Alaska Victimization Survey (AVS). The survey had
been done in 2010, 2015, and 2020. She agreed to send
Senator Wilson the link to the report. The report showed
some increase but largely an overall steadiness. She
described that AVS was a phone survey for women that asked
detailed questions about occurrences over a lifetime and in
the last 12 months. She cited data points from the 2020
survey that indicated 48 percent of those interviewed had
experienced intimate partner violence, 41 percent had
experienced sexual violence, and 58 percent had experienced
one or both over their lifetime. She emphasized that the
numbers were unacceptable.
Ms. Casto added that the council was going to be continuing
doing some additional data analysis on the information that
had been collected. The survey had also collected
information on Adverse Childhood Experiences as well as
whether individuals were beneficiaries of the Alaska Mental
Health Trust Authority (AMHTA). There was a significant
number of individuals that fell into the category of AMHTA,
which she cited as a reason for adding the additional
position to the board. She offered to send the additional
information to the committee. She mentioned a grant the
council funded through the UAA Center for Human
Development, which worked on abusive response for people
with disabilities. She expressed appreciation for the
support of the legislature.
Senator Wielechowski asked if domestic violence and sexual
assault cases in Alaska were trending up, down, or flat in
the previous ten years.
Ms. Casto stated that the cases were pretty much flat.
Senator Wielechowski observed that the fiscal note proposed
$3 million for Services in FY 23 and $2.59 million in FY
24. He asked what Services in the budget was.
9:49:49 AM
AT EASE
9:50:53 AM
RECONVENED
Ms. Casto noted that the Services line listed on the fiscal
note pertained to contracts the council had. She listed the
Disability Abuse Response Teams (DART) program, contracts
for prevention outcome measures and other services. She
explained that the reason the amount went up in FY 23 was
that there was $500,000 in the budget for a family justice
center as a pilot project.
Senator Wielechowski asked what percentage of domestic
violence and sexual assault in the state was attributable
to substance abuse.
Ms. Casto answered, "very high." She cited that there was a
great deal of alcohol use both by victims and perpetrators.
She noted that the victimization survey had indicated that
alcohol use was not a big issue but based on reports and
cases in facilities it was apparent that alcohol use was
very high. She emphasized that the consumption of alcohol
did not cause abuse, but rather it made a person more
impulsive and more violent. For victims that used alcohol,
it was often a way of self-medication. She mentioned
battery intervention programs and the goal of better
screening for substance abuse in order to provide the
needed treatment.
9:54:28 AM
Senator Wielechowski stated that in all the time he had
been in the legislature, domestic violence and sexual
assault had been a top priority yet did not seem to be
improving. He thought Ms. Casto had cited that domestic
violence rates were up to 58 percent, which he thought was
a four percent increase from the previous survey. He
thought the problem seemed to be getting worse. He thought
the council appeared to be doing more of the same, and
wondered if things should be done differently. He asked how
Ms. Casto would tackle the problem if she was in charge. He
questioned what the legislature needed to do.
Ms. Casto wished she had a magic answer. She recounted
that she had come to Alaska in 1984, and domestic violence
and sexual assault had been a problem since that time as
well as where she previously lived in Washington. She
emphasized the difficulty of change and the underreported
nature of domestic violence and sexual assault. She
explained that family dynamics were involved and cited that
the current interventions and support were progress. She
acknowledged the lack of progress in helping victims move
beyond victimization to being survivors
Ms. Casto pointed out that many victims stayed in abusive
relationships. She questioned how to start helping move
individuals into better lives. She mentioned lack of
housing as a barrier, which she considered a huge issue in
a victims ability to leave an abusive situation. She noted
that a few of the council's programs had transitional
housing components. She cited the need for transitional
services to help victims rebuild their lives. She noted
that many victims were economically tied to partners. She
commented on the expense of housing. She acknowledged the
need for a longer-term, bigger plan to solve the problem.
9:59:19 AM
Co-Chair Bishop thought it was obvious that the committee
had a great interest in the topic. He asked if the council
had done any research on the monthly rates of domestic
violence and sexual assaults.
Ms. Casto pointed out that there was national data and
explained that the council had not done an analysis but had
considered internal data. She noted that there were some
peaks, such as in the spring. She thought the holidays were
considered to a peak time but that incidents were perhaps
not reported.
Co-Chair Bishop asked about the percentage of male and
female incidence of being victims.
Ms. Casto estimated that 8 percent to 10 percent of the
councils clients were male.
Senator Wilson asked if Ms. Casto would recommend that the
committee work with the Alaska Housing Finance Corporation
(AHFC) to raise the amount of funds given to domestic
violence housing vouchers.
Ms. Casto thought Senator Wilson's suggestion was a good
start. She knew that housing vouchers had presented some
barriers. She noted that the council also worked closely
with the Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA), who were the membership programs that
worked with shelters. She thought ANDVSA had been working
on the issue. She thought a full analysis needed to be
done.
10:02:14 AM
Co-Chair Bishop OPENED public testimony.
VIKKI JO KENNEDY, SELF, JUNEAU (via teleconference), was
concerned that Ms. Casto had not been prepared for the
meeting with information. She did not think much was
getting done. She spoke in support of the Boys to Men
Program, which had been started by President Barack Obama.
She thought villages needed to be more responsible for the
problem. She questioned why corporations could not start
addressing the problem. She thought the AHFC voucher
program was a good program but thought there was not enough
housing that would accept the vouchers.
Ms. Kennedy mentioned a half-way house in Juneau. She
thought the problem was ongoing. She mentioned United
States Attorney General William Barr, who had visited rural
Alaska and indicated he would work to address problems. She
mentioned United States Secretary of the Interior Deb
Haaland. She thought there needed to be more action taken.
She mentioned a missing persons case in Juneau.
10:05:15 AM
JAYNE ANDREEN, ALASKA PUBLIC HEALTH ASSOCIATION, DOUGLAS
(via teleconference), spoke in favor of the bill. She
appreciated that the legislation expanded the membership of
the council. She discussed Alaska Native representation.
She referenced members questions and informed that she had
worked in domestic violence and sexual assault since the
1970s in Minnesota. She highlighted that she had not only
worked in victims services response, but also had worked
in a health promotion, primary prevention, evidence-based
way. She thought Alaska should continue to focus on trauma-
informed care and looking at historical/generational trauma
effects on families. She stressed the importance of working
together across disciplines. She cited the need for more
resources for Adverse Childhood Experiences to make long-
term societal changes.
10:07:11 AM
BRENDA STANFILL, ALASKA NETWORK ON DOMESTIC VIOLENCE AND
SEXUAL ASSAULT, FAIRBANKS (via teleconference), testified
in support of HB 291. She asserted that the council was an
integral piece of the work being done in the state and
making a dent in the numbers. She strongly supported the
addition of two members to the council from AMHTA and the
Alaska Native community. She referenced a movie called The
Silence, which had shown interviews of victims. She
appreciated the member's questions and noted that she would
provide information to each member. She agreed with the
need for a strong plan to be put in place to address the
problem.
Co-Chair Bishop CLOSED public testimony.
CSHB 291(STA) was HEARD and HELD in committee for further
consideration.
Co-Chair Bishop discussed the agenda for the afternoon.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 291 Summary of Changes.pdf |
HFIN 3/29/2022 1:30:00 PM SFIN 5/2/2022 9:00:00 AM |
HB 291 |
| HB 291 Sponsor Statement.pdf |
HSTA 2/17/2022 3:00:00 PM SFIN 5/2/2022 9:00:00 AM SFIN 5/17/2022 1:00:00 PM |
HB 291 |
| HB 291 Letter of Support.pdf |
HFIN 3/29/2022 1:30:00 PM SFIN 5/2/2022 9:00:00 AM |
HB 291 |
| HB 291 Supporting Document - Leg Audit Sunset Review.pdf |
HFIN 3/29/2022 1:30:00 PM SFIN 5/2/2022 9:00:00 AM |
HB 291 |
| HB 291 LOS 4.22.pdf |
SFIN 5/2/2022 9:00:00 AM SFIN 5/17/2022 1:00:00 PM |
HB 291 |