Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/11/2018 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 195 PF DIVIDEND FUND TRANSFERS;CRIMES;VICTIMS TELECONFERENCED
Heard & Held
+= SB 47 MOTOR VEHICLE DEALER FRANCHISES TELECONFERENCED
<Bill Hearing Canceled>
+= SJR 14 CONST. AM: PARENTAL CONSENT TO ABORTION TELECONFERENCED
<Bill Hearing Canceled>
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
<Bill Hearing Canceled>
+ SB 76 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Heard & Held
+= HJR 21 FEDS RESPECT STATE REG OF MARIJUANA TELECONFERENCED
Scheduled but Not Heard
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Heard & Held
+= HB 44 LEGISLATIVE ETHICS: VOTING & CONFLICTS TELECONFERENCED
Scheduled but Not Heard
+ HB 20 SOLEMNIZE MARRIAGE: ELECTED OFFICIALS TELECONFERENCED
Heard & Held
Uniform Rule 23 Waived
+ SB 134 TERMINATION OF PARENTAL RTS;GUARDIANS TELECONFERENCED
Scheduled but Not Heard
Uniform Rule 23 Waived
         SB 195-PF DIVIDEND FUND TRANSFERS;CRIMES;VICTIMS                                                                   
                                                                                                                                
3:59:00 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB 195.                                                                                                        
                                                                                                                                
3:59:50 PM                                                                                                                    
BUDDY  WHITT,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature, Juneau,  Alaska, stated that  SB 195 is  designed to                                                               
assist  crime  victims.  It  is  a  companion  bill  to  HB  216,                                                               
sponsored  by  Representative  Chuck   Kopp.  He  introduced  the                                                               
legislation speaking to the following sponsor statement:                                                                        
                                                                                                                                
     The Alaska State Constitution  recognizes the rights of                                                                    
     crime   victims   through   Article  I,   Section   24.                                                                    
     Restitution is one of  those rights. Unfortunately, the                                                                    
     outstanding   balance   of  court-ordered   restitution                                                                    
     payments to victims has remained  very high and victims                                                                    
     find themselves  waiting for  several years  to receive                                                                    
     payments.  The current  balance  of outstanding  court-                                                                    
     ordered restitution is over $80 million.                                                                                   
                                                                                                                                
     There  is a  mechanism in  place to  assist victims  of                                                                    
     crime  through the  criminal  fund  established by  the                                                                    
     Legislature  in 1988  (HB245), but  over time,  most of                                                                    
     the funds have  been used to pay  for inmate healthcare                                                                    
     costs and the  amount to assist victims  has fallen off                                                                    
     sharply.  SB  195 seeks  to  restore  a balance,  clear                                                                    
     ambiguities,  and  prioritize  restoring victims  to  a                                                                    
     pre-offense condition.                                                                                                     
                                                                                                                                
     In  1988,  HB  245   made  certain  criminal  offenders                                                                    
     ineligible  to receive  a Permanent  Fund Dividend  and                                                                    
     stated intent  language that the money  that would have                                                                    
     gone to  the offenders would  go to support  victims of                                                                    
     crimes  by  funding  the  Violent  Crimes  Compensation                                                                    
     Board. Since establishment of  the criminal fund, there                                                                    
     have been statutory changes  to eligible recipients and                                                                    
     victims of crimes are no longer a priority.                                                                                
                                                                                                                                
     Senate Bill  195 [and companion HB  216] establishes an                                                                    
     account  titled  the  Restorative Justice  Account.  It                                                                    
     prioritizes  the  use  of the  funds  for  compensation                                                                    
     through  the  Violent  Crimes  Compensation  Board  and                                                                    
     enables the  Office of Victims'  Rights to  qualify for                                                                    
     appropriations from  this fund  and authorizes  them to                                                                    
     pay  court-ordered  restitution  to victims  of  crimes                                                                    
     when  a   victim  has   exhausted  all   other  avenues                                                                    
     available. This  bill does not eliminate  an offender's                                                                    
     liability  to pay  restitution, fines,  and other  fees                                                                    
     imposed to  them through  the criminal  justice system.                                                                    
     Senate Bill 195 also adds  a mechanism for Alaskan's to                                                                    
     donate to the crime  victims  compensation fund through                                                                    
     the Pick.Click.Give. Program.                                                                                              
                                                                                                                                
     Additionally,  Senate  Bill  195  extends  the  opt-out                                                                    
     period of  victims from  30 to  90 days  from receiving                                                                    
     help from  the State  of Alaska to  collect restitution                                                                    
     and  adds language  authorizing  use of  the funds  for                                                                    
     substance   abuse  and   mental  health   services  for                                                                    
     offenders.                                                                                                                 
                                                                                                                                
     Senate Bill 195 will  reestablish victim restitution as                                                                    
     our highest priority.                                                                                                      
                                                                                                                                
MR.  WHITT said  a current  report from  the Council  on Domestic                                                               
Violence and Sexual Assault (CDVSA)  indicates that 59 percent of                                                               
adult  women  in Alaska  have  experienced  domestic violence  or                                                               
sexual violence  in their  lifetime. Alaska  ranks number  one in                                                               
the  country  in this  regard  and  compensation claims  increase                                                               
every  year. The  2017 Violent  Crimes Compensation  Board (VCCB)                                                               
report shows that a majority  of victims compensated through VCCB                                                               
funds  are women  and children.  Most  of the  children that  are                                                               
compensated through  the fund are  victims of sexual  assault and                                                               
sexual abuse.                                                                                                                   
                                                                                                                                
He explained that compensation is  intended to meet the immediate                                                               
needs  associated  with   the  individual's  victimhood,  whereas                                                               
restitution occurs after  a conviction and is  established by the                                                               
court.  A   recent  report  shows   there  is  $129   million  in                                                               
outstanding  restitution  payments. Before  2010,  appropriations                                                               
from  the criminal  fund  were split  evenly  between victims  of                                                               
crime and  other eligible entities.  Since then, the  majority of                                                               
funds  appropriated  from the  criminal  fund  have gone  to  the                                                               
Department  of  Corrections  to   pay  for  medical  services  of                                                               
inmates.  Less  than  15  percent goes  to  the  compensation  of                                                               
victims.  Both the  sponsor  of SB  195 and  the  sponsor of  the                                                               
companion bill, HB 216, want  to ensure that victims and victims'                                                               
compensation are protected moving forward.                                                                                      
                                                                                                                                
4:06:48 PM                                                                                                                    
CHAIR COGHILL asked Mr. Giorgana if he had anything to add.                                                                     
                                                                                                                                
4:07:15 PM                                                                                                                    
ERIC CORDERO  GIORGANA, Staff, Representative Chuck  Kopp, Alaska                                                               
State  Legislature,  Juneau,  Alaska,  stated that  HB  216,  the                                                               
companion to SB 195, recently  passed the House Finance Committee                                                               
and will hopefully reach the  floor very soon. These bills return                                                               
to  the legislative  intent  that created  the  criminal fund  in                                                               
1988.  It  was meant  to  compensate  crime victims  through  the                                                               
Violent Crimes  Compensation Board.  Currently, about  99 percent                                                               
of the fund is used to pay  for inmate health care. He noted that                                                               
a few  years ago former  Senator Fred Dyson introduced  a similar                                                               
bill that passed the Senate unanimously.                                                                                        
                                                                                                                                
CHAIR COGHILL  said he  wanted the full  committee to  be present                                                               
when the fiscal note is discussed.                                                                                              
                                                                                                                                
4:08:50 PM                                                                                                                    
CHAIR COGHILL held SB 195 in committee for future consideration.                                                                

Document Name Date/Time Subjects
HB 20 - Sectional Summary (ver. O).pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Summary of Changes.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Opposition - Alaska Family Action.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Alaskans Together for Equality.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Alaska Family Council.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letter of Support - Martin Eldridge.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
HB 20 - Letters of Support - Various Emails.pdf SJUD 4/11/2018 1:30:00 PM
HB 20
SB 76 - Summary of Changes (ver. T to ver. M).pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Sectional Summary (ver. M).PDF SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Supporting Documents - Letters of Support.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Supporting Document - Population Limits March 2018.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Support Document - Public Convenience Fact Sheet.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 76 - Presentation - Senate JUD.pdf SJUD 4/11/2018 1:30:00 PM
SB 76
SB 195 - Sectional Summary (ver. A).pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Sponsor Statement.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Criminal Fund Use Over the Years With Percentages.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Difference Between Restitution and Compensation.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY14 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY15 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY16 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY17 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - FY18 Felons Memo.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - HB 245 from 1988.pdf SJUD 4/11/2018 1:30:00 PM
HB 245
SB 195
SB 195 - Supporting Document - PowerPoint Presentation.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Restitution Statistics from ACS.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Victim Restitution Funds Update Research.pdf SJUD 4/11/2018 1:30:00 PM
SB 195
SB 195 - Supporting Document - Victim Restitution Reform in Other States Research.pdf SJUD 4/11/2018 1:30:00 PM
SB 195