Legislature(2009 - 2010)HOUSE FINANCE 519
01/28/2010 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB300 || HB302 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 28, 2010
1:40 p.m.
1:40:25 PM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 1:40 p.m.
MEMBERS PRESENT
Representative Mike Hawker, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Bill Thomas Jr., Vice-Chair
Representative Allan Austerman
Representative Mike Doogan
Representative Anna Fairclough
Representative Neal Foster
Representative Les Gara
Representative Reggie Joule
Representative Mike Kelly
Representative Woodie Salmon
MEMBERS ABSENT
None.
ALSO PRESENT
Dan Sullivan, Attorney General, Department of Law; Joseph
Masters, Commissioner, Department of Public Safety; Joe
Schmidt, Commissioner, Department of Corrections; Rick
Svobodny, Deputy Attorney General, Criminal Division,
Department of Law;
PRESENT VIA TELECONFERENCE
SUMMARY
HB 300 APPROP: OPERATING BUDGET/LOANS/FUNDS
HB 300 was HEARD and HELD in Committee for further
consideration. A criminal justice presentation was
given by the commissioners of three departments:
Department of Public Safety
Department of Law
Department of Corrections
HB 302 APPROP: MENTAL HEALTH BUDGET
HB 302 was HEARD and HELD in Committee for further
consideration.
HOUSE BILL NO. 300
"An Act making appropriations for the operating and
loan program expenses of state government, for certain
programs, and to capitalize funds; making supplemental
appropriations; making appropriations under art. IX,
sec. 17(c), Constitution of the State of Alaska; and
providing for an effective date."
HOUSE BILL NO. 302
"An Act making appropriations for the operating and
capital expenses of the state's integrated
comprehensive mental health program; and providing for
an effective date."
1:43:33 PM
Co-Chair Stoltze discussed housekeeping.
CRIMINAL JUSTICE PRESENTATION BY COMISSIONERS
DAN SULLIVAN, ATTORNEY GENERAL, DEPARTMENT OF LAW, expressed
the hope to continue the discussion concerning sexual
assault and domestic violence in the state. He stated that
the problem had become an epidemic in Alaska. The department
had recently announced several initiatives in an attempt to
address the issue. On December 3, 2009, the governor
announced the overall plan with regard to sexual assault and
domestic violence, 10 days later he announced his budget,
which included funding for fighting the epidemic. Four
different bills had been sponsored by the administration
concerning the issue, 3 of which had been submitted to the
legislature. The department had hired a highly skilled
statewide cybercrimes prosecutor, to combat child
pornography. He hoped to arrange the variables of the
administration's plan into a broad narrative that would
result in a strategic plan.
General Sullivan introduced the document titled, "Strategic
Plan to End the Epidemic of Sexual Assault and Domestic
Violence"(copy on file). He emphasized that the plan was not
static. The department was seeking support for the different
elements of the plan, but also the ideas from members of the
committee. In developing the plan, the administration had
drawn upon ideas influenced by the legislature, the
university, the Council on Domestic Violence and Sexual
Assault (CDVSA), and out-of-state initiatives.
1:47:12 PM
General Sullivan stated that the plan had been laid out
according to 5 strategic objectives. The department thought
that the first and most important item to be noted for the
committee were the statistics on the issue. He said that the
numbers used were drawn from diverse areas. He cited page 2
of the handout.
Representative Fairclough asked if the plan had been written
by CDVSA. General Sullivan replied no. He stated that the
document had been drafted by the administration; it
resembled the plan announced by the governor on December 3,
2009, but included how new legislation would be implemented,
and budget requests. Representative Fairclough expressed
appreciation for the work done surrounding the issue, but
articulated frustration that her calls to the governor's
office to discuss ideas had not been returned.
JOSEPH MASTERS, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY,
elucidated on the sources drawn from during the drafting of
the plan. The CDVSA's strategic plan was a resource, as well
as the Senate Judiciary report dealing with sexual assault
and domestic violence. The Senate VPSO taskforce
recommendations had also been considered. He reiterated that
the plan was not static and had been designed to be a
"living document" that would change as it was used over the
next decade.
1:52:42 PM
Commissioner Masters shared that the department had met with
various advocacy groups throughout the state. He stated that
many issues overlapped across the board; the number 1 of
which was the issue of domestic violence and sexual assault
in the state.
1:54:28 PM
Commissioner Masters read from the document. Alaska's per
capita rate of sexual assault and domestic violence is 2 and
a half times the national average. In Alaska, rape was 12
percent of all violent crimes reported; the percentage was
only 6 percent in the rest of the nation. The Alaska per
capita child sexual abuse rate is 6 times higher than the
national average. Outside of Anchorage, 65 percent of sexual
assault victims were under the age of 15, 30 percent were
between 13 and 15 years old, and 25 percent of victims were
between 6 and 12 years old. Alaska has the highest rate per
capita of men murdering women. In one-quarter of sexual
assault cases the victim was incapacitated due to alcohol or
drugs, and two-thirds of domestic violence victims reported
that alcohol had been a factor. Boys who witness domestic
violence were twice as likely to abuse their own partners
and children when they become adults. He believed it was
important to point out to the committee that villages with a
law enforcement presence had a 40 percent lower rate of
serious injury caused by assault, compared to villages
without a presence. The level of assault varies through the
geographic region. Anchorage was 2.8 times higher than the
national average, Fairbanks was 5 times higher. He revealed
that the state would need to reduce the instances of
forcible rape by 36 percent just to become number 2 on the
national list. A recent study reports that there were 380
cases of sexual assault involving victims under the age of
12, in the last year. Forcible rape was reported every 16.6
hours in the state; every 1.4 days in Anchorage, and every
8.5 days in Fairbanks. There were 6000 reported cases of
domestic violence in Alaska in 2005. He believed that the
statistics clearly highlighted the problem in the state. The
statistics, with references were as follows:
CRIME STATISTICS
· The Alaska per capita rape rate is the worst in the
nation -- two and half times the national average.
Source: Alaska Network on Domestic Violence and Sexual
Assault, 2006 Annual Report: Working in Alaska
Communities for Safety, Justice, Advocacy and
Education (2006).
· Rape is a greater percentage of all violent crimes
reported in Alaska than it is nationally, at 12% of
all violent crime in Alaska compared to 6% of violent
crime in the United States. Source: Alaska Senate
Judiciary Committee's Report and Recommendations:
Reducing Sexual Assault in Alaska (2009).
· The Alaska per capita child sexual assault rate is
also the worst in the nation -- almost six times the
national average. Source: Alaska Network on Domestic
Violence and Sexual Assault, 2006 Annual Report:
Working in Alaska Communities for Safety, Justice,
Advocacy and Education (2006).
· Outside of Anchorage, 55% of sexual assault victims
are under the age of 15; 30% are between 13 and 15
years old and 25% of victims are between 6 and 12
years old. Source: Studies by Alaska State Troopers
and Anchorage Police Department, compiled by UAA
Justice Center (2009).
· Alaska has the highest rate per capita of men
murdering women. Source: Alaska Network on Domestic
Violence and Sexual Assault, 2006 Annual Report:
Working in Alaska Communities for Safety, Justice,
Advocacy and Education (2006).
· In nearly one-quarter of sexual assault cases the
victim was incapacitated due to alcohol or drug use.
Source: Alaska Sexual Assault Nurse Examiner Study,
Reprinted in Andre Rosay, Sexual Assault in Alaska:
Slide Show Presentation to Alaska State Legislature
Senate Judiciary Committee (August 2009), available at
http://justice.uaa.alaska.edu/vaw/2009-08.jc-vaw-
sexualassault.pdf.
· Two-thirds of domestic violence victims reported that
alcohol had been a factor. Source: U.S. Department of
Justice, Bureau of Justice Statistics, Crime
Characteristics: Summary Findings (2009), available at
http://www.ojp.usdoj.gov/bjs/cvict_c.htm.
· Boys who witness domestic violence are twice as likely
to abuse their own partners and children when they
become adults. Source: Strauss, Gelles, and Smith,
Physical Violence in American Families: Risk Factors
and Adaptations to Violence in 8,145 Families (1990).
· Villages with law enforcement presence have a 40%
lower rate of serious injury caused by an assault
compared to villages without local law enforcement.
Source: Wood and Gruenwald, Local Alcohol Prohibition,
Police Presence and Serious Injury in Isolated Alaska
Native Villages (2006).
1:57:18 PM
Representative Gara queried the direct link between the bill
proposals and a solution to the problem of domestic violence
and sexual assault in the state. He thought that if the
presence of law enforcement reduced instances by 40 percent,
it seemed logical to pass legislation to implement the law
enforcement in every community. He had heard of the
governor's plan to do so within 10 years, and wondered why
it would take so long. Commissioner Masters replied that the
department needed to expand and manage the growth in a
sustainable way. He said that the support and structure
necessary to assist 150 VPSO positions could not be added in
1 year.
Representative Gara reminded the committee that some
communities without law enforcement had been requesting
assistance for a long time. He thought that if an effective
plan were to be established it would be odd to prolong the
implementation. Commissioner Masters assured the committee
that the VPSO positions in the state were being filled as
quickly as possible. Steps were being taken to improve VPSO
recruitment and retention. He thought that the department
could manage 15 additional VPSO positions each year.
Representative Gara maintained his belief that the
implementation had a very long timeframe.
Representative Salmon noted objective number 3 of the
document:
Establish a law enforcement presence in every community
that desires one.
Representative Salmon asked why communities would need to
"desire" a law enforcement presence in order to obtain one.
He thought that public safety was a right in every
community. He was concerned that the villages that needed
enforcement the most would not be protected without
expressing the right amount of "desire". He contended that
rural village residence were unequally protected compared to
urban communities. He argued that the VPSO, which did not
carry firearms, should be sent to Fairbanks and Anchorage,
in place of State Troopers and Alaska State Police, as an
experiment in their effectiveness. Commissioner Masters
replied that some communities may not want a physical
presence of law enforcement in the community. He stated that
the work "desire" was not meant to be exclusionary.
2:02:58 PM
Commissioner Masters relayed that better VPSO training was
being looked into.
Vice-Chair Thomas asked why VPSO officers were not being
placed in villages with the highest rates of sexual assault
and domestic violence. He questioned the earlier statistic
that reflected that 45 percent of sexual assaults among 13
to 15 year-olds occurred in Anchorage. Commissioner Masters
clarified that the statistics were not a comparison between
urban and rural Alaska, but that of all the sexual assaults
that occurred outside of the municipality of Anchorage, a
high percentage of the victims were 13 to 15 years of age.
2:05:20 PM
Representative Salmon shared his experience of attending
meetings on domestic violence and sexual assault in Tanana
and in Fairbanks. The testifiers at those meetings indicated
that there was only one state trooper in the area. This
hindered the proper investigation of assaults as well as the
timely processing of evidence. He though increasing the
number of troopers in the area would be affective.
Commissioner Masters pointed out that the statistics show
that instances of sexual assault and domestic violence for
all age groups were extremely high statewide. Rural areas
needed local law enforcement officers in the communities. He
believed that the most effective way to provide law
enforcement in rural communities was to expand the VPSO
presence and capabilities.
2:08:07 PM
Representative Fairclough asserted that positive advancement
in the fight against domestic violence and sexual assault
would take a long term, sustained investment by society. She
agreed that a decade seemed like a long time to wait for
change, but argued that there was no quick fix to the issue.
She wondered what was being done during offender
incarceration to correct the underlying issues of abuse,
such as substance abuse and anger management issues. She
shared that rape statistics had revealed that the instances
were 50 percent urban and 50 percent rural. When the
population difference was taken into consideration, the
rural instances were glaringly unequal. She added that some
of the assaults were never reported, and 80 percent of
crimes reported involved alcohol or substance abuse.
Attorney General Sullivan asked for clarification on the
sentencing alignment question. Representative Fairclough
said that there were cases where the sentence served by the
perpetrator was shorter than the required months of
education or intervention counseling recommended by the
court. She believed this hindered successful rehabilitation.
She added that people returning to villages do not have the
classes or counselors available to them to continue their
rehabilitation, which puts then in default of the court.
2:13:55 PM
Attorney General Sullivan replied that that information was
being collected on the issue. He has not examined the
sentence alignment issue.
JOE SCHMIDT, COMMISSIONER, DEPARTMENT OF CORRECTIONS,
testified that the problem of rehabilitation completion was
an issue. He stated that in the effort to move offenders
close to home after incarceration, the department had
discovered that the recommended programs were not available
in the areas, or did align with the sentence. For example,
the Residential Substance Abuse Treatment (RSAT) program is
a year-long program, with a year-long waiting list. The
average length of a sentence in the state was 160 days,
which limited the time necessary to qualify for and complete
the program. The department was working to create programs
with shorter timelines that would align with sentencing
time. He stressed educational programs and community support
were vital to an offender's rehabilitation.
2:16:46 PM
Representative Joule said that court ordered classes were
often not available in some communities. He asserted that
individuals with a court order to attend classes, with no
access to the classes, would likely end up in jail. He felt
that the issue was not limited to those exiting
incarceration. He shared that the opportunity for
professional rehabilitation often does not exist in rural
communities.
2:18:59 PM
Representative Doogan pointed out to the committee that
youthful perpetrators were not addressed in the document. He
understood that the court had decided that children 12 years
old or younger could not form the requisite intent to break
the law. Youthful sexual offenders were a concern in his
community and posed a unique challenge. He hoped that there
would be language in the initiative that would address the
problem. Commissioner Schmidt replied that the programs in
place for juvenile offenders had been very successful.
Attorney General Sullivan added that the discussion was for
a ten year plan. He assured the committee that more ideas
for the prevention of domestic violence and sexual assault
were a priority for the department.
Representative Doogan restated his concern that there was no
treatment plan available for young offenders. He felt that
without proper rehabilitation, the child would develop into
a repeat offender.
2:25:39 PM
RICK SVOBODNY, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, testified that most states had a
determinate age limit. Alaska had no age limit. If a child
at age 7 could form the intent to commit a crime, they could
be brought to juvenile court. Juvenile probation officers
generally did not handle cases with children under 12.
Representative Doogan reiterated that the issue of young
offenders was a problem in his community that he hoped would
be recognized and improved.
2:28:20 PM
Co-Chair Stoltze echoed the concern for the rehabilitation
of juvenile offenders.
Representative Austerman wondered what other states had done
in response to similar issues. He noted that programs to
prevent alcohol and drug abuse were not pronounced in the
document.
2:30:44 PM
Attorney General Sullivan replied that the document included
information about the Department of Health and Social
Services budget request to deal with substance abuse issues.
There was currently no outstanding program, but the issue
was being examined more closely.
2:32:16 PM
Representative Austerman felt that if alcohol and drugs were
at the core of the problem, programs addressing the issue
should be outlined in the initiative.
Commissioner Schmidt referred to the Adams study, which
revealed that substances abuse had been a factor in 92
percent of reported cased. He shared that in his experience
alcohol and drugs were an overwhelming factor in domestic
violence and sexual assault cases. The cases of recidivism
were similar to other states. He agreed that prevention was
key in fighting the problem.
Commissioner Masters added that alcohol was an issue. He
felt that there were statutes in place that could provide
direction for law enforcement officers combating the issue.
He said that Alaska had effective laws in place already.
Bootlegging cases had increased over the years. He said that
alcohol was not the primary cause in most cases, but was a
significant contributing factor.
Representative Austerman maintained that the issue of
substance abuse had not been properly addressed. He hoped
that future discussions on prevention would focus more on
the issue of substance abuse.
2:36:29 PM
Co-Chair Hawker felt that the line of attack to the problem
would need to be more than a "get tough" approach. He
stressed that along with the prosecution of offenders, there
were more elements to be considered. Prevention, protection,
and shelter for people in crisis were also a necessity. He
wondered if the responsibility lay solely with the
Department of Law (DOL). He asked if prevention and
protection should be higher priorities than prosecution.
2:41:14 PM
Attorney General Sullivan cited Page 1, which illustrated
"Strategic Objectives" and laid out the aspects of
prevention. He said that education, prevention, and victim
services were discussed in the plan.
2:42:55 PM
Attorney General Sullivan asserted that the "get tough"
element of the plan was very important. He argued that
perpetrator responsibility, particularly for repeat
offenders, was necessary and most important. He agreed that
Education and awareness were also important. He hoped that
there would be a breakthrough in the mindset of society that
would allow for zero tolerance for domestic violence and
sexual assault. He thought that the addition of a high level
official in the executive branch, whose everyday job was to
focus on the metrics of reducing the problem, and coordinate
with the other departments, was important. He stated that
the administration was open to creating the position in an
agency other than DOL if it were so decided.
2:46:11 PM
Co-Chair Hawker agreed that the coordinator position was
needed. He relayed that the Mothers Against Drunk Driving
(MADD), was an apropos parallel. The movement was prevention
based and made drunk driving socially unacceptable, which
lead to increased enforcement.
Attorney General Sullivan said that the public education
campaign was designed to start the conversation about the
issue. The advertisements appeal to the men in Alaska to
choose respect over violence. He though that the campaign
had been effective.
Co-Chair Hawker said that the advertisements were well
conceived.
2:48:21 PM
Attorney General Sullivan shared that the advertisements
were created by the Council on Domestic Violence.
Representative Joule cited the statistic sheet on page 2,
which referred to the per capita child sexual abuse numbers.
He believed it was important that the public was aware that
boys were victims of sexual assault as well as girls. He
revealed that while visiting a holding facility for
juveniles this year, he learned that 95-98 percent of the
girls there had been sexually abused and 70 percent of the
boys. He asserted that the victimization of boys needed to
be recognized in the state. He understood that the Wellness
Warriors program was a model of success, and thought that an
emphasis should be placed on healing. He also expressed the
desire that the changing role of men in society should be
recognized, particularly for Alaska Native men. The roles
for Alaska Native men have changed drastically in the last
20 years. He thought respect should be emphasized, but
believed it should be coupled with responsibility. Men had
the responsibility to protect women and children, not hurt
them. The sexual assault of children of both sexes should no
longer be swept under the rug and the value of each
individual should be instilled, for prevention to work.
DUE TO POWER OUTAGE THERE WAS AN AT EASE at 2:54 PM
3:42:22 PM RECONVENED
Attorney General Sullivan directed the committee's attention
to Page 3 of the prepared document:
IMPLEMENTATION
I. BREAK THE CYCLE OF ABUSE USING A COMPREHENSIVE EDUCATION AND
PREVENTION CAMPAIGN TO PROMOTE A CULTURE OF RESPECT THAT DOES
NOT TOLERATE VIOLENCE AGAINST WOMEN AND CHILDREN
A. Statewide Education Efforts
Rationale: All members of society must consider
violence against women and children unacceptable,
and all must believe it is something that can be
stopped. Schools, media, and high-profile public
engagements can be used to transmit the message that
sexual assault and domestic violence are intolerable
in our society and that every individual and group
must identify its role in combating these problems.
1. Develop, coordinate, and broadcast public
service announcements. For example, the
Governor, the Department of Public Safety
(DPS), the Department of Law, and the Council
on Domestic Violence and Sexual Assault (CDVSA)
have coordinated with the Alaska Network on
Domestic Violence and Sexual Assault (ANDVSA)
to launch the "Real Alaskan Men Choose Respect
Campaign."
2. Cabinet members engage in public outreach to
raise awareness and change attitudes about
sexual assault and domestic violence. For
example, the Governor held a major press event
to highlight the epidemic. The Attorney General
has discussed the epidemic in speeches and has
been interviewed by reporters and talk show
hosts. DPS Commissioner Masters frequently
speaks throughout the state about the
Governor's initiative and the epidemic.
3. Engage communities in awareness-raising events
to show united opposition against domestic
violence and sexual assault. On March 31,
2010, marches and rallies will be held in
communities throughout the state in order to
raise awareness of the problems and build
support for victims.
4. Develop partnerships with Alaska Native
organizations to work together on prevention
solutions. An excellent example is CDVSA's
Tribal and State forums, which seek to devise
programs and strategies to break the cycle of
violence.
Representative Kelly thought that abstinence and respect
were related topics when discussing prevention. He made
reference to a public service announcement that promoted
abstinence. Attorney General Sullivan pointed out that the
commercial had not been made by the department.
Representative Kelly thought that the pro-abstinence message
should be sent to both young men as well as young women.
Attorney General Sullivan agreed.
3:48:13 PM
Attorney General Sullivan cited pages 4 and 5:
B. Locally-Targeted Education Efforts
Rationale: In order to reduce violence against women
and children, we need to prevent violence before it
occurs rather than intervening after injury occurs.
To do this we must develop a prevention strategy
seeking to bring about change in individuals,
relationships, communities, and society. Cultural
change is most effective from the ground up and
requires a coordinated effort among local
communities, nonprofits, and government.
1. Work with tribal, non-profit and religious
organizations to raise awareness of the
problem, especially among youth, and stigmatize
violence against women and children. Under the
legislature's guidance, CDVSA is in the process
of developing and implementing a plan to
"promote education and programs to prevent
future incidents of domestic violence and
sexual assault." And, as discussed in more
detail below, the Governor's budget requests
the creation of a coordinator to lead the
initiative to combat sexual assault and
domestic violence. Part of the coordinator's
portfolio will be to take a leading role in
these outreach efforts.
2. Cultivate youth leaders through schools and
community groups and incorporate youth leaders
in developing primary prevention strategies.
For example, CDVSA partners with the ANDVSA in
developing prevention programs for schools and
youth.
II. DETER, SEGREGATE, AND TREAT OFFENDERS SO THEY POSE NO RISK OF
HARM TO WOMEN AND CHILDREN
A. Enact Legislative Changes To Protect Alaskans
Rationale: Alaska needs tougher laws to send a
message that violence against women and children
will not be tolerated and to ensure that offenders
no longer pose a risk to others, either because they
are behind bars or because they have been
rehabilitated. Although the Alaska legislature has
already enacted stringent laws, more can be done to
punish offenders and protect victims.
1. Toughen penalties for crimes of sexual assault
by making it an aggravating factor if the
defendant sexually assaulted the victim while
knowing the person was vulnerable due to use of
alcohol or drugs. The Governor has sponsored
SB 222 and HB 298 to make it an aggravating
factor if the defendant was convicted of any
crime and the defendant knew that the victim
was vulnerable due to use of alcohol or drugs.
2. Expand laws to protect children from online
sexual predators. The Governor has sponsored SB
222 and HB 298, which prohibit suspended
imposition of sentences for people convicted of
human trafficking, possession or distribution
of child pornography, and distribution of
indecent materials to minors. These bills make
it against the law not just to possess child
pornography but also to access it on a computer
with the intention of viewing it. The bills
also empower courts to prohibit sex offenders,
in cases involving children, from using a
computer or communicating with children under
16 years old.
3. Enhance protection and processing of DNA and
other forensic evidence to ensure the actual
perpetrator is held accountable. To help
accomplish this goal, the Governor has
sponsored HB 317 and SB 241, which adopt
standards for evidence retention and post-
conviction DNA testing. The Senate Judiciary
Committee Report found that proper examination
of DNA evidence is critical to sexual assault
prosecutions and that the backlog in getting
the evidence processed is causing significant
delays in prosecuting cases.
4. Close loopholes that allow convicted sex
offenders from other states to escape
registering in Alaska. SB 222 and HB 298
provide that if a person is registered as a sex
offender in other states, he must register
here, even if the sex crime he was convicted of
does not have an exact equivalent in Alaska.
5. Modify the bail statutes to protect the victims
of the crime and the general public. The
Governor has introduced a bail reform bill that
seeks to accomplish this goal. Under this
bill, a person charged with serious crimes like
felony sexual assault or, if the person has a
domestic violence conviction within the
preceding five years, with a domestic violence
offense, would have burden of proof to
establish that his or her release would not be
dangerous to the victim or the public. The
bill would also ensure the person's appearance
in certain cases. Currently, the State has the
burden to make this showing.
Attorney General Sullivan read from pages 6 and 7:
B. Improve Prosecution
Rationale: Bringing offenders to justice deters
future violent acts and sends a strong message that
violence against women and children is unacceptable.
While most prosecutions result in guilty pleas or
convictions, increasing the rates at which incidents
are reported and referred for prosecution will help
us hold more offenders accountable. Creating a law
enforcement presence in every community will also
deter violence, increase reporting rates, and
improve evidence collection necessary for more and
more successful prosecutions.
1. The Governor's budget requests $75 million for
a new crime lab to help us process the evidence
needed to win convictions in sexual assault
cases and $92.8K for a forensic scientist at
the crime lab
2. Department of Law has issued specific
prosecution policies and guidelines for sexual
assault and domestic violence cases
3. Prosecutors are being trained in tough plea
negotiations, and the Governor's budget seeks
an additional $75K for additional training.
4. The Department of Law has hired a cybercrimes
prosecutor to prosecute child pornography
offenses and other internet crimes.
5. DPS has reorganized its Computer and Financial
Crimes Unit so that investigators can focus
solely on computer crimes against children.
6. The Governor's budget requests $2.3 million in
General Funds to make permanent 17 prosecutor
and victim-witness paralegal positions at the
Department of Law, which were previously funded
on an interim basis through federal grants.
7. The Governor's budget requests $656,000 in
General Funds to make permanent DPS's cold case
unit, which had been funded by federal grant
money.
8. To ensure forensic evidence is gathered, the
Governor's budget requests $12.3K for 350
pediatric sexual assault kits and $150K for
adult sexual assault exams. The Senate
Judiciary Committee report found that when
victims receive a medical forensic exam, it
more than doubled the likelihood that the case
was accepted for prosecution.
C. Reduce Recidivism Rates
Rationale: The majority of batterers return to their
families, and the cycle of violence continues
unbroken. It is in the state's interest to reduce
recidivism. Otherwise, victims will continue to be
harmed and offenders will continue to be arrested
and imprisoned at the state's expense. Programs to
reduce recidivism will help heal families and save
the state money in the long run.
1. The Department of Corrections (DOC) is working
collaboratively with DPS's Village Public
Safety Officer (VPSO) program to provide
effective supervision for probationers and
parolees in rural communities.
2. The Criminal Justice Working Group is reviewing
ways to improve DOC's prisoner re-entry
programs, including after-care programs for
substance abuse treatment, halfway house beds,
mental health clinicians in correctional
facilities, re-entry case workers, and
coordination among stakeholders.
3. The Criminal Justice Working Group is reviewing
reforms to the probation system to reduce
recidivism rates by imposing swift punishments
for probation violations. According to the
Senate Judiciary Committee Report, nationally
45% of prisoners serving time for rape or
sexual assault committed their crime while on
probation or parole.
III. IMPROVE PUBLIC SAFETY BY ESTABLISHING A LAW ENFORCEMENT PRESENCE
IN EVERY COMMUNITY THAT DESIRES ONE
A. Add 150 More VPSO Positions Over the Next Ten
Years
Establishing a law enforcement presence in every
village that desires one will prevent offenses from
happening and facilitate investigation and
prosecution for the offenses that do occur. UAA
Justice Center studies show that in villages where a
VPSO was available, rates of serious assault
declined 40% and a case was over three times more
likely to be prosecuted. But increasing the number
of VPSO positions alone will not suffice. Local
communities must collaborate by identifying
qualified candidates, providing VPSO facilities, and
supporting the VPSO's work.
1. The Governor's budget requests adding 15 VPSOs
per year (at cost of $1.26 million annually)
for 10 years so that every community of a
certain size that desires a VPSO shall have one
if the community puts forward a qualified
individual. The Governor's budget also requests
a merit increases ($129.9K) for VPSOs and an
increase in the VPSO cost-of-living-adjustment
($93.9K).
2. To secure housing for VPSOs, the Governor's
budget requests $1 million for VPSO housing
grants and loans in AHFC programs.
Commissioner Schmidt relayed that 95 percent of prisoners
are released in their lifetime; attention must be paid to
the population being released back into communities. He said
that through a criminal justice working group, attendance at
the crime summit, and by "Alaskanizing" the researcher's
numbers from Washington State, a program plan was being
developed within the department. The department was focused
on the issue of recidivism. Offenders sent home to rural
areas could rely on VPSO officers, who were not probation
officers, but could track individuals and solve issues in
rural areas.
Commissioner Schmidt added that in Kenai probation officers
had been meeting with local district attorneys, which had
positively affected recidivism rates. He believed that
continued conversation concerning the issue would prove
fruitful.
3:53:20 PM
Attorney General Sullivan cited the third element on page 7:
IV. IMPROVE PUBLIC SAFETY BY ESTABLISHING A LAW ENFORCEMENT PRESENCE
IN EVERY COMMUNITY THAT DESIRES ONE
B. Add 150 More VPSO Positions Over the Next Ten
Years
Establishing a law enforcement presence in every
village that desires one will prevent offenses from
happening and facilitate investigation and
prosecution for the offenses that do occur. UAA
Justice Center studies show that in villages where a
VPSO was available, rates of serious assault
declined 40% and a case was over three times more
likely to be prosecuted. But increasing the number
of VPSO positions alone will not suffice. Local
communities must collaborate by identifying
qualified candidates, providing VPSO facilities, and
supporting the VPSO's work.
3. The Governor's budget requests adding 15 VPSOs
per year (at cost of $1.26 million annually)
for 10 years so that every community of a
certain size that desires a VPSO shall have one
if the community puts forward a qualified
individual. The Governor's budget also requests
a merit increases ($129.9K) for VPSOs and an
increase in the VPSO cost-of-living-adjustment
($93.9K).
4. To secure housing for VPSOs, the Governor's
budget requests $1 million for VPSO housing
grants and loans in AHFC programs.
C. Hire Additional Investigators for Sexual Assault
Investigations
Rationale: Maintaining VPSOs in rural communities
will increase safety and ensure incidents of
violence are investigated promptly. However, in
many cases additional resources will be required to
investigate, collect evidence, and prepare cases for
referral to prosecutors. By hiring troopers
specifically trained to investigate sexual assault
and domestic violence incidents, we will maximize
the number of incidents that result in convictions,
ultimately deterring future offenders.
1. The Governor's budget requests $500K for three
additional Alaska State Troopers to investigate
sexual assault and domestic violence offenses.
2. Eight additional investigators will be hired
using federal money. Three of these
investigators will be hired by municipal
governments to work with Alaska State Troopers
on multijurisdictional task forces.
Attorney General Sullivan asserted that a law enforcement
presence in every community was a powerful deterrent to
crime and a "huge passion of the governor's".
Representative Kelly requested a future report detailing how
communities improved with the added law enforcement.
Attorney General Sullivan focused on pages 8 and 9:
V. ENSURE VICTIMS HAVE A SAFE PLACE TO GO AND THE SERVICES THEY
NEED TO HEAL
A. Increase Availability of Civil Legal Services
for Victims
Rationale: A study conducted by economists found
that increased provision of legal services for
victims of domestic violence contributes to the
decline of domestic violence rates. Civil legal
services offer victims help with practical matters -
like protective orders, custody disputes, and child
support - that give victims options and increase
their safety over the long term.
1. Increase the number and skill of attorneys who
volunteer their services to victims of domestic
violence. To accomplish this goal, LAW has
held over a dozen meetings with legal service
providers, victim advocates, and the court
system to find ways to increase legal
representation for victims, and will continue
to work with all stakeholders in increasing
legal representation for victims.
2. Obtain commitments from leading Alaska law
firms to devote a certain number of hours every
month to pro bono legal work on behalf of
victims of domestic violence and sexual
assault. The Attorney General has begun an
outreach effort to the legal community to meet
this goal.
3. The Governor's budget requests an additional
CINA attorney (at a cost of $200K) to remove
children from violent homes.
B. Increase Shelter Capacity to Meet Needs of
Battered Women
Rationale: The ability to leave a dangerous
situation and have a safe place to stay will reduce
the number of violent incidents. Further,
counseling services provided by shelters inform
victims of their rights and options to escape
abusive relationships. Increasing facilities and
training staff will enhance shelters' ability to
provide these crucial functions.
1. The Governor's budget requests an additional
$381,000 to increase the shelter capacity to
better house, counsel, and treat victims, so
that they can escape abusive situations.
VI. COORDINATE AND STREAMLINE EFFORTS AMONG STAKEHOLDERS
A. Hire a Coordinator to Lead the Initiative Against
Domestic Violence and Sexual Assault
Rationale: Effective efforts to address the problems
of domestic violence and sexual assault exist, but
more can be done to coordinate between government
agencies, tribes, NGOs, and other stakeholders to
improve and streamline these efforts. A coordinator
would expand and improve state government's capacity
to address sexual assault and domestic violence,
provide a link between these stakeholders, and
identify and obtain new resources.
1. The Governor's budget requests $200K to create
a new coordinator position that will oversee
this comprehensive plan to end the epidemic of
domestic violence and sexual assault. More
specifically, the coordinator will establish
partnership and form work groups with NGOs,
tribal entities, and federal agencies to
maximize effectiveness and minimize duplication
in efforts to combat domestic violence and
sexual assault.
2. The coordinator will consult with stakeholders
to develop and implement additional programs to
carry out the Governor's initiative.
3. The coordinator will improve the state's
existing programs and efforts as they relate to
domestic violence and sexual assault, including
prosecution, corrections, provision of services
to victims, and education.
4. The coordinator will work with CDVSA, DPS, and
the UAA Justice Center (or other research
organizations) in developing and executing the
research necessary for baseline data and for
evaluating the success of the initiative's
programs.
Attorney General Sullivan hoped that DOL would lead the way
with the increase of pro bono legal services for victims.
He stressed that this portion of the plan was not about
laws or budget requests, but about thinking outside of the
box on the issue. He said that one of the next challenges
would be how to quantify success.
3:58:44 PM
Representative Austerman voiced his support for the
initiatives, but he felt that the issue of substance abuse,
as it related to abuse, was not being given proper weight.
Attorney General Sullivan mentioned pages 11-13, which
listed budget items and a sampling of recent actions
agencies had taken.
Co-Chair Hawker commented that the conversation about sexual
assault and domestic violence, and the steps the state
should take to curb it, would continue throughout the
session.
4:01:54 PM
Co-Chair Hawker announced the appointment Representative
Austerman to chairman of the fiscal policy subcommittee. The
committee members were a working group of the whole of the
House Finance Committee. Representative Austerman would
schedule and create an agenda for the meetings.
Representative Austerman said that no agenda had been
established as of yet, but would be announced next week.
4:03:57 PM
ADJOURNMENT
The meeting was adjourned at 4:03 PM
| Document Name | Date/Time | Subjects |
|---|---|---|
| Overview DNR Presentation.pdf |
HFIN 1/28/2010 1:30:00 PM |
|
| Criminal Justice Overview.pdf |
HFIN 1/28/2010 1:30:00 PM |