Legislature(2023 - 2024)GRUENBERG 120
04/18/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Department of Corrections, Commissioner | |
| HB61 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 116 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 18, 2023
3:04 p.m.
DRAFT
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Jennie Armstrong
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
State Board of Parole
- Sarah Possenti Fairbanks
- CONFIRMATION(S) ADVANCED
Department of Corrections, Commissioner
- Jennifer Winkelman Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 61
"An Act relating to restrictions on firearms and other weapons."
- MOVED CSHB 61(STA) OUT OF COMMITTEE
HOUSE BILL NO. 116
"An Act relating to appropriations from the restorative justice
account."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 61
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): REPRESENTATIVE(s) TILTON
02/06/23 (H) READ THE FIRST TIME - REFERRALS
02/06/23 (H) CRA, STA
03/16/23 (H) CRA AT 8:00 AM BARNES 124
03/16/23 (H) Heard & Held
03/16/23 (H) MINUTE(CRA)
03/21/23 (H) CRA AT 8:00 AM BARNES 124
03/21/23 (H) Moved HB 61 Out of Committee
03/21/23 (H) MINUTE(CRA)
03/22/23 (H) CRA RPT 4DP 1DNP 1AM
03/22/23 (H) DP: MCKAY, RUFFRIDGE, MCCABE, MCCORMICK
03/22/23 (H) DNP: MEARS
03/22/23 (H) AM: HIMSCHOOT
04/11/23 (H) STA AT 3:00 PM GRUENBERG 120
04/11/23 (H) Heard & Held
04/11/23 (H) MINUTE(STA)
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 116
SHORT TITLE: RESTORATIVE JUSTICE ACCT APPROPRIATIONS
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) STA, FIN
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
SARA POSSENTI, Appointee
State Board of Parole
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State Board
of Parole.
JENNIFER WINKELMAN, Commissioner Designee
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified as commissioner designee to the
Department of Corrections.
DON HABEGER, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Designee Winkelman's appointment.
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, as the prime sponsor.
STEVE ST. CLAIR, Staff
Representative Cathy Tilton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, on behalf of Representative Tilton, prime sponsor.
REPRESENTATIVE JULIE COULOMBE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 161, as the prime sponsor.
EDRA MORLEDGE, Staff
Representative Julie Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation on HB
116, on behalf of Representative Coulombe, prime sponsor.
DIANE CASTO, Executive Director
Council on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
116.
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on HB 116.
ERICK CORDERO
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 116.
ACTION NARRATIVE
3:04:20 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at 3:04 p.m. Representatives
Carpenter, C. Johnson, Armstrong, Story, Wright, and Shaw were
present at the call to order. Representative Allard arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S):
^State Board of Parole
^Department of Corrections, Commissioner
CONFIRMATION HEARING(S):
State Board of Parole
Department of Corrections, Commissioner
3:05:06 PM
CHAIR SHAW announced that the first order of business would be
confirmation hearings.
3:05:31 PM
SARA POSSENTI, Appointee, State Board of Parole, provided an
overview of her background and qualifications, citing her 12
years of experience on the State Board of Parole. As this was
her fourth appointment to the board, she expressed support for
the current membership. She highlighted her background in
criminal justice and social work, as well as her experience as a
probation officer specializing in the supervision of sex
offenders and substance abuse treatment.
CHAIR SHAW invited questions from members of the committee.
3:07:24 PM
REPRESENTATIVE STORY reported that the number of Alaskans
released on discretionary parole had decreased from a high of 66
percent in 2015 to 25 percent in 2022. She questioned the
reason for the reduction.
MS. POSSENTI shared her understanding that more programming was
offered in prior years, noting that programming completion was a
significant factor for release on discretionary parole. She
claimed that numbers were skewed due to SB 91; additionally, she
referenced the pandemic as a reason for varied rates, as
programming decreased during that time. She expounded,
predicting that numbers would increase in the future.
REPRESENTATIVE STORY asked Ms. Possenti to describe her
decision-making process in regard to granting discretionary
parole.
MS. POSSENTI said when considering a person for discretionary
parole, she considered whether early parole would diminish the
seriousness of the offense; whether rehabilitation could be
furthered by release; the likelihood of the individual
committing further crimes or violating the conditions of
release; whether the individual was a threat to the public; and
the individual's history under supervision. Her goal, she said,
was to make the best decision for both the community and the
inmate's rehabilitation.
REPRESENTATIVE STORY asked whether it was common practice for an
inmate who was denied discretionary parole to wait 10 years
before reapplying.
MS. POSSENTI indicated that the 10-year "set off" was a
longstanding practice for serious crimes.
REPRESENTATIVE STORY inquired about the timespan for nonserious
crimes.
MS. POSSENTI said the level of programming determined the "set
off" time followed, sometimes, by an option for reconsideration
if certain criteria were completed by the inmate.
REPRESENTATIVE STORY cited 2022 data from the State Board of
Parole showing that white inmates were twice as likely to be
granted discretionary parole compared to Alaska Native inmates.
She asked why that statistic was present.
MS. POSSENTI said she would have to follow up after reviewing
the data. She speculated that access to programming could be a
contributing factor.
3:20:04 PM
REPRESENTATIVE WRIGHT highlighted Ms. Possenti's 12 years of
service and inquired about her continued desire to serve on the
board.
MS. POSSENTI said she possessed a special quality for working
with troubled individuals while respecting them and meeting
their needs. She believed that she worked well with criminals,
explaining that she helped them recognize their strengths and
encouraged them to make better decisions. She added that
serving on the board allowed her to continue that work.
3:22:16 PM
REPRESENTATIVE ALLARD asked whether race was a determining
factor when considering an individual for parole.
MS. POSSENTI answered, "Absolutely not."
3:22:41 PM
REPRESENTATIVE ARMSTRONG asked whether the board made decisions
that put a greater emphasis on punishment rather than
rehabilitation.
MS. POSSENTI acknowledged that in some cases, granting parole
would diminish the severity of the crime when victims were
involved.
REPRESENTATIVE ARMSTRONG asked whether Ms. Possenti believed
that people could change.
MS. POSSENTI answered yes, she believed that people could
change, as she had witnessed it through her work in the criminal
justice system. She expressed her hope that each all parolees
would become productive citizens.
3:25:45 PM
REPRESENTATIVE CARPENTER asked how the board determined whether
a person was likely to recidivate and whether that person was a
danger to the community.
MS. POSSENTI observed that most people who came before the
parole board were not first-time offenders. She explained that
her questions often revolved around treatment and community
support, as most inmates were struggling with addiction.
3:29:42 PM
CHAIR SHAW thanked Ms. Possenti and welcomed Commissioner
Designee Winkelman.
3:30:15 PM
JENNIFER WINKELMAN, Commissioner Designee, Department of
Corrections (DOC), paraphrased the following written remarks
[original punctuation provided]:
• Good afternoon to the members of House State Affairs
Committee. For the record My name is Jen Winkelman. As
mentioned, I am proudly here as the Commissioner-
designee for the Department of Corrections.
• I know you are in receipt of my resume and I have
had the great fortune of visiting with several of you
in your office, prior to today.
• Little about myself?I am a 4th generation Alaskan. I
was born and raised in Fairbanks. My paternal
grandparents homesteaded on Chena Hot Springs Road. A
fun fact- my great grandma was born in Chicken,
Alaska. I graduated from the University of Alaska
Fairbanks with a degree in Justice and Paralegal
Studies. I thought I would continue on to law school
or graduate school for Chemistry. At one point, I
wanted to be an attorney or work in a crime lab.
• During my final days in college, I participated in
an internship in the Fairbanks District Attorney's
office and had the privilege of learning about the
work Probation/Parole Officers do. I was intrigued by
the ability to wear two hats in one job. One was that
of a social worker and the other was that of a public
safety officer. I was fortunate enough to be hired on
as PO a little over 22 years ago. By trade I would
call myself a Probation and Parole Officer. I started
as an entry level Probation Officer and wrote
presentence reports for the 4th Judicial District and
have worked my way through the ranks of this wonderful
career.
• While in the field, I have covered and supervised
offices from our northernmost office in
Barrow/Utigavik to our southernmost office in
Ketchikan. I have also worked for the Division of
Institutions, inside Fairbanks and Palmer. Not only
did this give me experience working the toughest beat
inside our facilities, it gave me
experience working with both unsentenced and sentenced
inmates.
• In 2016, my family and I relocated to Juneau when I
accepted a position as the Chief Probation Officer of
Region 2. The region consisted of Fairbanks, Western
Alaska, Northern Alaska as well as Southeast. I feel
strongly this position gave me a very unique and
special view of Corrections across the state. I am
familiar with the strengths and struggles,
particularly as they pertain to Corrections, across
the state and how they differ from one area to the
next.
• In 2018, then Commissioner Dahlstrom trusted me to
run the Division of Pretrial, Probation and Parole and
I was appointed into the Director position. I held
that position until being presented this current
opportunity by Governor Dunleavy. When the Governor
asked me to step
into the Commissioner role, it was an incredibly easy
yes for a couple of different reasons, but I would say
that the most significant factor was the support that
the Governor and the Legislature has given to the
Department and our staff.
• My husband of 13 years, Ron, is in the room today.
He is Alaska Native, an Athabascan Indian born in the
village of Shageluk on the Inoko River. He is
absolutely my biggest supporter. He retired in 2016,
after 30 years with the Department of Corrections. He
worked as both a Correctional and Probation Officer.
We get a couple of raised eyebrows when our children
tell their friends that their mom and dad met in jail.
We have 2 beautiful school age boys who love soccer,
baseball, skiing/snowboarding and we live in Juneau,
so of course, fishing!
• A little more about me, I value developing and
building relationships. With staff, outside agencies,
the Legislature, and of course those in our care and
custody. My experience across the state has led me
figuring out how to work together with whatever
resources might be available. Very early on in my
career a colleague shared with me that we are in the
relationship business and that is something I have
never forgotten. We cannot work Corrections alone or
in a silo. It takes a team.
• Another value I bring to this position is that I am
naturally a problem solver. I like to think outside
the box for solutions. During my career I have managed
a caseload of felony offenders. I am not afraid to
tackle tough, sensitive situations when a decision
needs to be made. This may mean making an arrest or
removing someone from their home to help a victim or a
child. On the flip side I may be working with someone
who has hit rock bottom and I would
make the decision to refer them to treatment instead
of taking them to jail. These type of decisions I
never made lightly. I have been fair and impartial in
making decisions. I consider facts and successfully
formulate decisions based on the big picture and
ultimately the safety of our community. These are
skills critical for the Commissioner of Corrections.
• Before I go into my goals, I would like to mention
something I appreciated Senator Claman sharing years
ago. These are my words, so I hope I am reflecting
your sentiment accurately. You acknowledged that long
range vision for Corrections is really important and
the changes from one administration to the next makes
it difficult for the Commissioner of Corrections to do
their job. Having been a staff member of DOC through
several different administrations, pendulum shifts of
being tough on crime, easier on crime, putting money
into
programming, cutting programming, I could not agree
more that the job demands a long vision, and the
position is an imperative part of public safety. I
will also take the opportunity to say on the record
that reentry has to be considered just as much a part
of public safety as incarceration.
• You have likely heard me talk about my 3 goals or
vision for the Department in various meetings. I would
like to share them here on the record.
1. Health and Well Being of staff. Starts with
shifting a culture so there is nobility in the
profession of Corrections, no matter where you work in
the Department. Kitchen, Maintenance, Admin, Medical,
to our officers. Giving staff a sense of purpose and
having them recognize they are part of something
bigger. Healthier staff will have a greater impact on
those in our care. Providing training and promotable
opportunities
once staff are on board is critical to job
satisfaction. We have 24 hour jobs, having the ability
to be flexible in our work day or schedule helps
promote wellness.
2. My second goal is that those who enter our system,
leave us better than they came to us. Ive been doing
this long enough to know I am not going to save the
world. There are some dangerous individuals in our
care that because they are there, we are safer. But
for those releasing, making sure they release better
than they came to us is important. It may mean a
shower, sober for a few days?. Or maybe they are
reunited with kids or a GED.
3. Finally, as cliché as it sounds?.do the same thing
you get the same result. We need to be using
resources, technology and best practices to do
business differently. The hope is this will drive down
recidivism. This might be as simple as
examining current old practices and upgrading
assessments to implementing tablets to help with
everything from programming to visitation.
• In closing, I just want to say it is an absolute
honor and a privilege to serve the Department and
those in our care and custody. To echo some of the
words of Chief Justice Winfree in his state of the
judiciary comments, I am just a kid from Fairbanks who
had a dream to someday be in a position to make
important decisions and effect the well being of
others. I have been honored to do just that as a
Probation/Parole Officer for most of my career. To my
delight and surprise I now find myself with an
opportunity to head the Department I love. I am
committed to giving it all I have to give for not only
the 2100 employees, the nearly 11,000 in our care and
custody? but for all Alaskans.
Thank you again for your time and support today and I
am happy to answer questions.
3:40:37 PM
REPRESENTATIVE ARMSTRONG requested high-level, concrete examples
of how the department was helping inmates leave the facilities
better than they entered.
COMMISSIONER DESIGNEE WINKELMAN explained that for short-term
stays, it meant getting inmates a shower, for example. For
inmates with longer sentences, the goal was to provide
programming inside and housing upon release.
3:41:50 PM
REPRESENTATIVE STORY discussed the importance of treatment and
rehabilitation. She asked how the commissioner designee was
working to ensure that department funds were being used in that
capacity.
COMMISSIONER DESIGNEE WINKELMAN detailed the benefits of
offering telehealth options in rural Alaska and providing
tablets in custody. She highlighted the importance of program
availability and listening to feedback from staff regarding
which programs yielded successful outcomes.
3:43:59 PM
REPRESENTATIVE STORY inquired about Commissioner Designee
Winkelman's vision for educational programming inside DOC
facilities.
COMMISSIONER DESIGNEE WINKELMAN indicated that the educational
component went hand-in-hand with the treatment component. She
said partnering with the university to offer educational
programming was a long-term goal.
3:45:20 PM
REPRESENTATIVE STORY asked whether progress had been made on
retention and recruitment issues, as well as staff shortages.
COMMISSIONER DESIGNEE WINKELMAN indicated that the needle was
"slightly" moving in a positive direction. She explained that
temporary housing had been extended from 15 days to 120 days in
Juneau to allow new hires to find permanent housing. In areas
that weren't experiencing staff shortages, a TDY program was
being utilized to spread out staff and fill some of the voids.
REPRESENTATIVE STORY inquired about the policies and procedures
for inmates going through withdrawal.
COMMISSIONER DESIGNEE WINKELMAN opined that current screening
practices were working, as nothing of that nature had been
raised as a concern.
3:48:59 PM
CHAIR SHAW opened public testimony on Commissioner Designee
Winkelman's appointment.
3:49:34 PM
DON HABEGER, Community Coordinator, Juneau Reentry Coalition,
expressed his support for the appointment of Commissioner
Designee Winkelman. He recounted positive experiences working
with the commissioner designee, adding that he would like to
continue that work. He opined that confirming her appointment
would be doing communities, like Juneau, a favor.
CHAIR SHAW closed public testimony.
3:51:49 PM
CHAIR SHAW moved to advance the confirmation of Jennifer
Winkelman, commissioner designee for the Department of
Corrections, and Sara Possenti to the State Board of Parole, to
the joint session of the House and Senate for consideration. He
reminded members that signing the reports regarding appointment
to boards and commissions in no way reflected individual
members' approval or disapproval of the appointees, and that the
nominations were merely forwarded to the full legislature for
confirmation or rejection. There being no objection, the
confirmation was advanced.
3:52:47 PM
The committee took an at-ease from 3:52 p.m. to 3:59 p.m.
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
3:59:31 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 61, "An Act relating to restrictions on firearms
and other weapons."
CHAIR SHAW stated that the committee would take up the
consideration of amendments to HB 61.
4:00:38 PM
The committee took a brief at-ease.
4:01:03 PM
REPRESENTATIVE STORY moved to adopt Amendment 1 to HB 61,
labeled 33-LS0333\A.4, Radford, 4/17/23, which read:
Page 2, line 9, following "to":
Insert "(1)"
Page 2, line 12, following "law":
Insert ";
(2) an order, proclamation, regulation,
ordinance, or policy
(A) forbidding the possession of a firearm,
a firearm accessory, ammunition, or other weapon for
personal use at an emergency shelter; or
(B) ordering the seizure or confiscation of
a firearm, a firearm accessory, ammunition, or other
weapon for personal use that a person possesses or
attempts to possess at an emergency shelter"
CHAIR SHAW objected for the purpose of discussion.
4:01:08 PM
REPRESENTATIVE STORY explained that amendment 1 would allow
authorities to restrict the possession of firearms in emergency
shelters during a disaster declaration, thus providing
authorities with the flexibility to assess situations and retain
order and safety in communal living spaces.
4:02:49 PM
REPRESENTATIVE CARPENTER objected to the motion to adopt
Amendment 1.
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 1. Representatives Carpenter, C.
Johnson, Allard, Wright, and Shaw voted against it. Therefore,
Amendment 1 failed by a vote of 2-5.
4:03:45 PM
The committee took a brief at-ease from.
4:04:25 PM
REPRESENTATIVE STORY moved to adopt Amendment 2 to HB 61,
labeled 33-LS0333\A.3, Radford, 4/17/23, which read:
Page 2, lines 13 - 25:
Delete all material.
REPRESENTATIVE C. JOHNSON objected.
REPRESENTATIVE ALLARD objected.
4:04:36 PM
REPRESENTATIVE STORY explained that Amendment 2 would delete the
language on page 2, lines 13-25, allowing people to bring civil
action against a government agency or law enforcement. She
opined that the language on page 2, lines 13-25, encouraged
people to sue the state government without resulting in
injunctive relief.
4:05:52 PM
REPRESENTATIVE C. JOHNSON asked the bill sponsor to opine on
Amendment 2.
4:05:58 PM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, prime
sponsor of HB 61, referenced a memo from Legislative Legal
Services [included in the committee packet], which addressed the
concern about injunctive relief versus treble damages. She
deferred to her staff, Mr. St. Clair.
4:06:24 PM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor, stated that this was an existing practice in state and
federal law.
4:06:57 PM
REPRESENTATIVE STORY, referencing the legal memo, shared her
understanding that treble damages were authorized in fourteen
different statutes, whereas injunctive relief appeared in the
Alaska Statutes 46 times. She requested a representative from
Legislative Legal Services to answer the question of whether
injunctive relief was more appropriate.
CHAIR SHAW said no one from Legislative Legal Services was
online.
4:07:31 PM
REPRESENTATIVE C. JOHNSON maintained his objection to Amendment
2.
4:07:36 PM
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 2. Representatives Wright,
Carpenter, C. Johnson, Allard, and Shaw voted against it.
Therefore, Amendment 2 failed by a vote of 2-5.
4:08:06 PM
REPRESENTATIVE WRIGHT moved to adopt Amendment 3 to HB 61,
labeled 33-LS0333\A.1, Radford, 4/13/23, which read:
Page 1, line 8, following "firearm,":
Insert "a firearm part,"
Page 1, line 10, following "firearm,":
Insert "a firearm part,"
Page 1, line 13, following "firearms,":
Insert "firearm parts,"
Page 2, line 2, following "firearms,":
Insert "firearm parts,"
Page 2, line 9, following "firearm,":
Insert "a firearm part,"
Page 2, line 11, following "firearm,":
Insert "a firearm part,"
Page 2, line 15, following "firearm,":
Insert "a firearm part,"
Page 3, line 1, following "illumination":
Insert ";
(3) "firearm part" means a component of a
firearm that is essential to the basic function of a
firearm, including a component of an action or lock,
the stock, and the barrel"
REPRESENTATIVE CARPENTER objected.
4:08:12 PM
REPRESENTATIVE WRIGHT explained that Amendment 3 would insert
"firearm part" and the associated definition to HB 61. He
explained that firearm parts were required for the proper
function of a firearm.
REPRESENTATIVE C. JOHNSON asked whether the bill sponsor was
supportive of Amendment 3.
REPRESENTATIVE TILTON answered yes, she was supportive of the
proposed amendment, as firearm parts were necessary for
subsistence hunting as a well as self-protection.
REPRESENTATIVE C. JOHNSON removed his objection. There being no
further objection, Amendment 3 was adopted.
4:09:53 PM
REPRESENTATIVE WRIGHT moved to report HB 61, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE STORY objected.
4:10:20 PM
The committee took a brief at-ease.
4:10:30 PM
REPRESENTATIVE STORY spoke to her objection, opining that law
enforcement needed to be able to restrict firearm possession in
certain situations, such as emergency shelters.
4:11:01 PM
The committee took a brief at-ease.
4:11:37 PM
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of HB 61, as
amended. Representatives Story and Armstrong voted against it.
Therefore, CSHB 61(STA) was reported out of the House State
Affairs Standing Committee by a vote of 5-2.
4:12:24 PM
The committee took a brief at-ease.
4:12:47 PM
CHAIR SHAW noted that Legislative Legal Services was authorized
to make any necessary technical and conforming changes to CSHB
61(STA).
4:13:19 PM
The committee took an at-ease from 4:13 p.m. to 4:18 p.m.
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
4:18:21 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 116, "An Act relating to appropriations from the
restorative justice account."
4:18:51 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, prime
sponsor, introduced HB 116. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 116 reorganizes the percentages of the
funds that pass through the Restorative Justice
Account that fund nonprofit organizations through the
Council on Domestic Violence and Sexual Assault
(CDVSA) for services for victims and domestic violence
and sexual assault programs. This legislation changes
the share of the funds that are currently set out in
AS 43.22.048(b), reversing the share for CDVSA and the
Department of Corrections.
In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition. There is
no better way to assist victims of domestic violence
and sexual assault in getting their lives back
together after this type of assault and victimization,
than to put our state resources into caring for those
victims, as well as into prevention and intervention
programs to reduce the number of these crimes from
occurring in the first place. Since the fund was
established, it transitioned from mainly assisting
crime victims to paying for inmate healthcare. More
recently, it has been used by the Department to pay
for institutions, which was not the intention of the
fund.
HB 116 will ensure that the intent is upheld,
specifically for victims of domestic violence and
sexual assault, one of the worst types of
victimization possible. It will reverse the
percentages allowed under current statute for CDVSA
(from 1-3% to 79-88%) and for the Department of
Corrections (from 79-88% to 1-3%), to reinforce
Alaska's commitment to reducing our abysmal rate of
these crimes through prevention and intervention
programs, as well as stabilize the funding source for
shelters throughout the state. I respectfully request
the support of my colleagues on HB 116.
4:22:50 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, directed attention to a PowerPoint
presentation on HB 116 [included in the committee packet], on
behalf of Representative Coulombe, prime sponsor. She
highlighted the legislative intent on slide 2, which was to
increase prevention and intervention programs, and aid to
victims of domestic violence and sexual assault through the
Restorative Justice Account. She detailed the Restorative
Justice Account on slide 3, which read as follows [original
punctuation provided]:
upsilon In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition.
upsilon Since the fund was established, it transitioned from
mainly assisting crime victims to paying for inmate
healthcare. More recently, it has been used by the
Department to pay for institutions, which was not the
intention of the fund.
upsilon There is no better way to assist victims of domestic
violence and sexual assault in getting their lives
back together after this type of assault and
victimization, than to put our state resources into
caring for those victims, as well as into prevention
and intervention programs to reduce the number of
these crimes from occurring in the first place.
4:24:50 PM
REPRESENTATIVE COULOMBE noted that [the Restorative Justice
Account] was composed of Permanent Fund Dividends (PFDs) that
were revoked from felons, which was why the fund fluctuated each
year.
MS. MORLEDGE expounded, pointing out that the fund's balance
increased this year because [the 2022] dividend was large. She
resumed the presentation on slide 4, reporting that 57.7 percent
of adult women in Alaska have experienced domestic violence or
sexual violence throughout their lifetime, per the Alaska
Victimization Survey.
4:26:13 PM
MS. MORLEDGE outlined the current Restorative Justice Account
funding prioritization on slide 5, which read as follows
[original punctuation provided]:
The legislature may appropriate amounts from the
account to the following recipients in the priority
order and percentages listed:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
1-3% to nonprofit organizations to provide grants for
services for victims of domestic violence and sexual
assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
79-88% to the Department of Corrections for costs
related to incarceration or probation.
4:27:33 PM
MS. MORLEDGE proceeded to slide 6, which listed the allocation
proposal under HB 116, as follows [original punctuation
provided]:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
79-88% to nonprofit organizations to provide grants
for services for victims of domestic violence and
sexual assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
1-3% to the Department of Corrections for costs
related to incarceration or probation.
4:27:55 PM
MS. MORLEDGE advanced to slide 7, which provided a five-year
look back of the Restorative Justice Account on slide 7. Slide
8 offered a fiscal lookback from FY 12 to FY 24. She recalled
that House Bill 216, which passed during the [Thirtieth Alaska
State Legislature], created the current prioritization and
percentage levels.
4:29:12 PM
MS. MORLEDGE concluded on slide 9, which read as follows
[original punctuation provided]:
HB 116 will ensure that the intent of the restorative
justice account is upheld, specifically for victims of
domestic violence and sexual assault, one of the worst
types of victimization possible.
It will reverse the percentages allowed under current
statute for CDVSA (from 1-3% to 79-88%) and for the
Department of Corrections (from 79-88% to 1-3%).
This will reinforce Alaska's commitment to reducing
our abysmal rate of these crimes through prevention
and intervention programs, as well as stabilize the
funding source for shelters throughout the state.
CHAIR SHAW invited questions from members of the committee.
4:29:54 PM
REPRESENTATIVE ARMSTRONG thanked Representative Coulombe for
bringing forward such a creative and compassionate piece of
legislation that would have an immediate impact on many lives.
4:30:10 PM
REPRESENTATIVE STORY expressed her excitement about the bill.
Nonetheless, she asked why mental health and substance abuse
treatment for offenders was not prioritized in the bill.
REPRESENTATIVE COULOMBE explained that she had considered moving
percentages around, eventually deciding on "keeping it simple"
by swapping only the percentages of fund allocation belonging to
"DOC costs related to incarceration or probation" [at 79-88
percent currently] and "nonprofit organizations to provide
grants for services for victims of domestic violence and sexual
assault" [at 1-3 percent currently]. She said she wanted to
keep the focus on victims, describing the fund as a victim's
restoration fund. She noted that DOC offered a perpetrator
rehabilitation service executed by the Council on Domestic
Violence and Sexual Assault (CDVSA).
4:32:07 PM
DIANE CASTO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), said she was available to answer any
questions on the bill's impact and the [CDVSA's] current budget.
4:33:16 PM
REPRESENTATIVE CARPENTER requested a high-level picture of how
the money would be spent.
MS. CASTO acknowledged that rates [of domestic violence] were
not decreasing in Alaska. She opined that without a good
distribution of money across a comprehensive approach to an
issue, results would be less than optimal. She described the
council's funding structure, which was a combination of state
and federal funding with a small amount if inter-agency receipts
from DOC for the perpetrator rehabilitation program. She stated
that 90 percent of the council's budget went to victims'
services, such as emergency shelter programs for individuals in
immediate danger; 8 percent of funding went towards prevention
programs; and 2 percent of funding went towards perpetrator
rehabilitation. She suggested using the proposed funding to
increase victims' service programs and expand programming to
help victims and survivors move forward. Additionally, she
suggested allocating "significant" money towards prevention and
early intervention. She concluded by discussing her vision for
an 18-month perpetrator rehabilitation work group. She opined
that program funding and implementation needed a better balance,
adding that the council was currently "treading water" due to
existing appropriation structures.
4:38:18 PM
REPRESENTATIVE CARPENTER shared his belief that the word
"programming" was meaningless without results. He asked to
continue this conversation one year from now with results-driven
data.
4:39:06 PM
REPRESENTATIVE C. JOHNSON shared his understanding that
[domestic violence] was a generational problem. He asked
whether there was anything in the system to address or break the
cycle of generational trauma.
MS. CASTO agreed, highlighting the typically high Adverse
Childhood Experiences (ACEs) score among perpetrators. She
emphasized the importance of providing services to children who
had witnessed abuse.
REPRESENTATIVE C. JOHNSON said, from Ms. Casto's answer, he had
discerned that there was no program in place to address
generational trauma in children.
MS. CASTO clarified that such programs were available, such as
mental health services to treat and counsel children and youth
who had experienced violence. She explained that the council
partnered with the Alaska Network on Domestic Violence and
Sexual Assault (ANDVSA), the Department of Health (DOH), and
other agencies to develop and create programming for young
people. Nonetheless, she highlighted the "tracking" of young
people as a difficulty.
4:46:05 PM
REPRESENTATIVE STORY reflected on existing family support
programs, such as teaching the cycle of violence in parenting
groups. She asked Ms. Casto to list the programs that were
currently available.
MS. CASTO clarified the services were offered by community-based
agencies, which in turn, were funded by the CDVSA. She added
that many of the family-focused programs were offered by the
Office of Children's Services (OCS), [Department of Family and
Community Services (DFCS)]. She opined that more support was
needed to change the behaviors of families struggling with
violence.
4:49:37 PM
BRENDA STANFILL, Executive Director, ANDVSA, explained that the
ANDVSA represented the 24 member programs funded by the CDVSA.
She noted that without the one-time incremental federal COVID-19
dollars and the appropriation from U.S. Senator Murkowski's
office, the ANDVSA could be looking at a shortfall of $7.5
million next year. She emphasized the importance of shelters
and rape crisis centers for emergency services. She reported
that a lack of capacity within these programs was creating
limitations in terms of access to services. The most requested
service, she said, according to the CDVSA, was emergency shelter
and individual advocacy. Further, Child Advocacy Centers (CACs)
provided 472 child victims of sexual or physical abuse under the
age of 18 a safe place to undergo the interview process. She
concluded by highlighting the critical nature of the services
funded by the council. She requested the ability to serve
victims on the same level as the rest of the criminal justice
system.
4:53:39 PM
CHAIR SHAW opened public testimony on HB 116.
4:54:06 PM
ERICK CORDERO recalled that the original intent of the
[Restorative Justice Account] was to restore crime victims to a
pre-offense status. He noted that Alaska continued to be the
state with the highest number of domestic violence and sexual
assault cases in addition to child abuse and neglect. He
reported that at its height, 98 percent of the fund was going
towards inmate healthcare instead of fulfilling the original
intent by helping victims. He stated his support for the bill,
emphasizing the importance of the CDVSA and the ANDVSA.
4:56:31 PM
CHAIR SHAW closed public testimony on HB 116. He invited
additional comments from the bill sponsor.
4:56:50 PM
REPRESENTATIVE COULOMBE reported that Commissioner Winkelman,
DOC, was aware and supportive of the proposed legislation.
Additionally, she conveyed her intent to implement performance
goals and metrics to ensure that the money was going towards
things that "were moving the needle." She said she would be
following up with Commissioner Cockrell, DPS, to make sure that
the fund was making a difference.
4:59:12 PM
REPRESENTATIVE STORY pointed out [April] was National Child
Abuse Prevention Month. She expressed her appreciation for the
bill.
CHAIR SHAW announced that HB 116 was held over.
4:59:51 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at [4:59]
p.m.