Legislature(1997 - 1998)

04/24/1997 08:07 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             HOUSE STATE AFFAIRS STANDING COMMITTEE                            
                         April 24, 1997                                        
                            8:07 a.m.                                          
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Jeannette James, Chair                                         
 Representative Ethan Berkowitz                                                
 Representative Fred Dyson                                                     
 Representative Kim Elton                                                      
 Representative Mark Hodgins                                                   
 Representative Ivan Ivan                                                      
 Representative Al Vezey                                                       
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present.                                                          
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 SENATE BILL NO. 124                                                           
 "An Act relating to salmon classics and race classics."                       
                                                                               
      - MOVED SB 124 OUT OF COMMITTEE                                          
                                                                               
 HOUSE BILL NO. 245                                                            
 "An Act relating to minimum sentences for assault in the fourth               
 degree that is a crime involving domestic violence; providing that            
 a prisoner may not contact the victim of the offense when provided            
 access to a telephone or otherwise immediately after an arrest; and           
 amending Rule 5(b), Alaska Rules of Criminal Procedure."                      
                                                                               
      - MOVED HB 245 OUT OF COMMITTEE                                          
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 9                                             
 Proposing amendments to the Uniform Rules of the Alaska State                 
 Legislature relating to committee meetings; and providing for an              
 effective date.                                                               
                                                                               
      - MOVED CSHCR 9(STA) OUT OF COMMITTEE                                    
                                                                               
 * HOUSE BILL NO. 47                                                           
 "An Act relating to authorizing the Department of Corrections to              
 provide an automated victim notification and prisoner information             
 system."                                                                      
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 * HOUSE BILL NO. 48                                                           
 "An Act making a special appropriation for an automated victim                
 notification system; and providing for an effective date."                    
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  SB 124                                                               
 SHORT TITLE: CHARITABLE GAMING SALMON AND RACE CLASSIC                        
 SPONSOR(S): SENATOR(S) TORGERSON                                              
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 03/07/97       627    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 03/07/97       627    (S)   STATE AFFAIRS                                     
 04/03/97              (S)   STA AT  3:30 PM BELTZ ROOM 211                    
 04/04/97       983    (S)   STA RPT  3DP 1NR                                  
 04/04/97       983    (S)   DP: GREEN, MILLER, WARD; NR: DUNCAN               
 04/04/97       983    (S)   ZERO FISCAL NOTE (REV)                            
 04/07/97              (S)   RLS AT 10:45 AM FAHRENKAMP RM 203                 
 04/07/97              (S)   MINUTE(RLS)                                       
 04/07/97      1024    (S)   RULES TO CALENDAR  4/7/97                         
 04/07/97      1025    (S)   READ THE SECOND TIME                              
 04/07/97      1025    (S)   ADVANCED TO THIRD READING UNAN CONSENT            
 04/07/97      1025    (S)   READ THE THIRD TIME  SB 124                       
 04/07/97      1025    (S)   PASSED Y11 N9                                     
 04/07/97      1025    (S)   LINCOLN  NOTICE OF RECONSIDERATION                
 04/09/97      1063    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/09/97      1064    (S)   PASSED ON RECONSIDERATION Y11 N8 A1               
 04/09/97      1065    (S)   TRANSMITTED TO (H)                                
 04/10/97      1052    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/10/97      1052    (H)   STATE AFFAIRS                                     
 04/22/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 04/22/97              (H)   MINUTE(STA)                                       
 04/24/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 BILL:  HB 245                                                               
 SHORT TITLE: DOM. VIOL. ASSAULTS;PRISONER CONTACTS                            
 SPONSOR(S): REPRESENTATIVE(S) DYSON, Berkowitz                                
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 04/10/97      1061    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/10/97      1061    (H)   STA, JUDICIARY, FINANCE                           
 04/18/97      1189    (H)   BERKOWITZ CHANGED TO COSPONSOR                    
 04/18/97      1189    (H)   DYSON CHANGED TO PRIME SPONSOR                    
 04/24/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 BILL:  HCR  9                                                               
 SHORT TITLE: AMEND UN RLS: COMMITTEE ACTION ON BILLS                          
 SPONSOR(S): REPRESENTATIVE(S) ROKEBERG                                        
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 02/17/97       373    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/17/97       373    (H)   STATE AFFAIRS, FINANCE, RULES                     
 04/22/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 04/22/97              (H)   MINUTE(STA)                                       
 04/24/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 BILL:  HB  47                                                               
 SHORT TITLE: TELEPHONE VICTIM NOTIFICATION SYSTEM                             
 SPONSOR(S): REPRESENTATIVE(S) KEMPLEN, Kubina, Croft, Dyson                   
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 01/13/97        40    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        40    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        40    (H)   STATE AFFAIRS, JUDICIARY, FINANCE                 
 03/10/97       617    (H)   COSPONSOR(S): KUBINA                              
 03/26/97       862    (H)   COSPONSOR(S): CROFT                               
 04/03/97       978    (H)   COSPONSOR(S): DYSON                               
 04/24/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 BILL:  HB  48                                                               
 SHORT TITLE: APPROP: VICTIM NOTIFICATION SYSTEM                               
 SPONSOR(S): REPRESENTATIVE(S) KEMPLEN, Kubina, Croft, Dyson                   
                                                                               
 JRN-DATE      JRN-PG             ACTION                                       
 01/13/97        40    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        40    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        40    (H)   STA, JUDICIARY, FINANCE                           
 03/10/97       617    (H)   COSPONSOR(S): KUBINA                              
 03/26/97       863    (H)   COSPONSOR(S): CROFT                               
 04/03/97       978    (H)   COSPONSOR(S): DYSON                               
 04/24/97              (H)   STA AT  8:00 AM CAPITOL 102                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 SENATOR JOHN TORGERSON                                                        
 Alaska State Legislature                                                      
 State Capitol, Room 514                                                       
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-2828                                                    
 POSITION STATEMENT:  Sponsor of SB 124.                                       
                                                                               
 PATRICK FLYNN, Researcher                                                     
    to Representative Ethan Berkowitz                                          
 State Capitol, Room 406                                                       
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-4919                                                    
 POSITION STATEMENT:  Provided testimony on HB 245.                            
                                                                               
 JAYNE ANDREEN, Executive Director                                             
 Council on Domestic Violence and Sexual Assault                               
 Department of Public Safety                                                   
 P.O. Box 11120                                                                
 Juneau, Alaska 99811-1200                                                     
 Telephone:  (907) 465-4356                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 245.                 
                                                                               
 ROBERT COLE, Director                                                         
 Division of Administrative Services                                           
 Department of Corrections                                                     
 P.O. Box 112000                                                               
 Juneau, Alaska 99811-2000                                                     
 Telephone:  (907) 465-3342                                                    
 POSITION STATEMENT:  Provided testimony on HB 245, HB 47 and HB 48.           
                                                                               
 BARBARA BRINK, Acting Public Defender                                         
 State of Alaska                                                               
 900 West 5th Avenue, Suite 200                                                
 Anchorage, Alaska 99501                                                       
 Telephone:  (907) 264-4414                                                    
 POSITION STATEMENT:  Provided testimony on HB 245.                            
                                                                               
 ETHEL L. BARENZ                                                               
 P.O. Box 774505                                                               
 Eagle River, Alaska 99577                                                     
 Telephone:  (907) 696-3238                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 245, HB 47           
                      and HB 48.                                               
                                                                               
 CARLA TIMPONE, Lobbyist                                                       
 Alaska Women's Lobby; and                                                     
 Co-Chair                                                                      
 AWARE Shelter                                                                 
 211 4th Street, Suite 108                                                     
 Juneau, Alaska 99801                                                          
 Telephone:  (907) 463-6744                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 245.                 
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG                                                
 Alaska State Legislature                                                      
 State Capitol, Room 24                                                        
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-4968                                                    
 POSITION STATEMENT:  Sponsor of HCR 9.                                        
                                                                               
 REPRESENTATIVE ALLEN J. KEMPLEN                                               
 Alaska State Legislature                                                      
 State Capitol, Room 112                                                       
 Juneau, Alaska 99801-1182                                                     
 Telephone:  (907) 465-2435                                                    
 POSITION STATEMENT:  Sponsor of HB 47 and HB 48.                              
                                                                               
 SERGEANT BARRY C. ALLEN                                                       
 Sitka Police Department                                                       
 305 Lake Street                                                               
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-3245                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 CHRISTINE McLEOD, Director                                                    
 Sitkans Against Family Violence                                               
 P.O. Box 6136                                                                 
 Sitka, Alaska 99835                                                           
 Telephone:  (907) 747-3370                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 LAURENTIA CHAMBLEE                                                            
 3776 Lake Street                                                              
 Homer, Alaska 99603                                                           
 Telephone:  (907) 235-7712                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 JANICE LIENHART, Executive Director                                           
 VICTIMS for Justice                                                           
 619 East Fifth Avenue                                                         
 Anchorage, Alaska 99501                                                       
 Telephone:  (907) 278-0977                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 SANDY SAMANIEGO, Executive Director                                           
 Women In Crisis-Counselling and Assistance                                    
 717 Ninth Avenue                                                              
 Fairbanks, Alaska 99701                                                       
 Telephone:  (907) 452-2293                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 DEB PEXA, Representative                                                      
 Advocates for Victims of Violence in Valdez                                   
 P.O. Box 524                                                                  
 Valdez, Alaska 99686                                                          
 Telephone:  (907) 835-2980                                                    
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 JOHN RICHARDS                                                                 
 Address not provided                                                          
 Telephone:  not provided                                                      
 POSITION STATEMENT:  Provided testimony in support of HB 47 and 48.           
                                                                               
 RON MOORE, Account Executive                                                  
 The VINE Company                                                              
 332 West Broadway, Suite 1300                                                 
 Louisville, Kentucky 40202                                                    
 Telephone:  (800) 816-0491                                                    
 POSITION STATEMENT:  Provided testimony on HB 47 and HB 48.                   
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-49, SIDE A                                                            
 Number 0001                                                                   
 The House State Affairs Standing Committee was called to order by             
 Chair Jeannette James at 8:07 a.m.  Members present at the call to            
 order were Representatives James, Berkowitz, Dyson, Hodgins, Ivan             
 and Vezey.  Members absent were Elton.  Representative Kim Elton              
 arrived at 8:08 a.m.                                                          
                                                                               
 SB 124 - CHARITABLE GAMING SALMON AND RACE CLASSIC                          
                                                                               
 The first order of business to come before the House State Affairs            
 Standing Committee was SB 124, "An Act relating to salmon classics            
 and race classics."                                                           
                                                                               
 Number 0060                                                                   
                                                                               
 SENATOR JOHN TORGERSON, Alaska State Legislature, read the                    
 following sponsor statement into the record:                                  
                                                                               
 "This legislation amends AS 05.15.100(a) by including race classics           
 as one of the games of chance which municipalities or qualified               
 organizations are allowed to conduct.  One function of this bill is           
 to authorize a classic for the Seward Mt. Marathon Race, to be                
 operated by the Seward Chamber of Commerce Convention & Visitors'             
 Bureau.  The bill therefore includes a definition for "race"                  
 classics.                                                                     
                                                                               
 "The bill also amends AS 05.15.690(40) by extending the definition            
 of a salmon classic to include the Seward Silver Salmon Derby                 
 Classic and the Sterling Area Senior Citizen's, Inc. Sockeye Salmon           
 Crossing Classic.                                                             
                                                                               
 "Both the Seward Chamber of Commerce Convention & Visitors' Bureau            
 and the Sterling Area Senior Citizen's, Inc., are non-profit                  
 corporations.  Both entities provide a valuable community service             
 and, like many local service organizations, they are searching for            
 ways to supplement their revenues.                                            
                                                                               
 "Providing these potential revenue vehicles will assist these                 
 service organizations in the continuation of the services they                
 provide for their respective communities."                                    
                                                                               
 Number 0159                                                                   
                                                                               
 CHAIR JEANNETTE JAMES asked Senator Torgerson how did he get the              
 bill to the House State Affairs Standing Committee without it                 
 becoming a christmas tree?                                                    
                                                                               
 SENATOR TORGERSON replied he did not know.                                    
                                                                               
 Number 0184                                                                   
                                                                               
 REPRESENTATIVE IVAN IVAN stated he appreciated the bill.  He had              
 targeted similar bills before statute by statute.  He was sorry               
 that the state did not have one statute that covered all activities           
 like this, or that the activities were regulated by the Charitable            
 Gaming Division, instead of addressing each activity one by one.              
                                                                               
 Number 0224                                                                   
                                                                               
 SENATOR TORGERSON replied he had tried to work with the division.             
 His approach was that anything under a certain dollar amount would            
 not need legislative approval.  There must be a happy medium,                 
 however, so that a bill was not needed every time a non-profit                
 wanted an opportunity to supplement its revenue.  The fear was that           
 anything not created by the legislature could go away by                      
 regulation.  Therefore, non-profit organizations did not want to              
 spend a lot of money initially for a program for fear it would go             
 away after a couple of years, for example.                                    
                                                                               
 Number 0306                                                                   
                                                                               
 REPRESENTATIVE MARK HODGINS moved that SB 124 move from the                   
 committee with individual recommendations and the attached fiscal             
 note(s).  There was no objection, SB 124 was so moved from the                
 House State Affairs Standing Committee.                                       
                                                                               
 HB 245 - DOM. VIOL. ASSAULTS;PRISONER CONTACTS                              
                                                                               
 The next order of business to come before the House State Affairs             
 Standing Committee was HB 245, "An Act relating to minimum                    
 sentences for assault in the fourth degree that is a crime                    
 involving domestic violence; providing that a prisoner may not                
 contact the victim of the offense when provided access to a                   
 telephone or otherwise immediately after an arrest; and amending              
 Rule 5(b), Alaska Rules of Criminal Procedure."                               
                                                                               
 Number 0360                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON, sponsor of HB 245, explained the bill              
 tightened the restraints that the state had on domestic violence              
 perpetrators by setting progressively stiffer penalties; and by               
 prohibiting the perpetrator from using the mandated phone call to             
 further harass the victim.                                                    
                                                                               
 Number 0487                                                                   
                                                                               
 REPRESENTATIVE IVAN applauded the sponsor and announced his support           
 for the bill because it protected families from domestic violence.            
 Natives were the minority in the state but the majority in the                
 prison population.                                                            
                                                                               
 Number 0520                                                                   
                                                                               
 CHAIR JAMES stated the disparity between the Native and non-Native            
 incarcerated population was evident.  We were all striving to                 
 reduce incarceration as a result of discrimination.                           
                                                                               
 Number 0558                                                                   
                                                                               
 CHAIR JAMES asked how the phone calls would be controlled?                    
                                                                               
 Number 0586                                                                   
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ replied sometimes law enforcement              
 dialed the phone number; and, sometimes a sign was posted to                  
 indicate if the phone was monitored or not.                                   
                                                                               
 Number 0635                                                                   
                                                                               
 CHAIR JAMES wondered about a victim indicating that the perpetrator           
 called when in fact he did not.  How would that be verified? she              
 asked.                                                                        
                                                                               
 Number 0668                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ replied it could be verified by keeping              
 track of the phone numbers dialed.  If it was a false report it               
 would be a different type of crime created by the victim.                     
                                                                               
 CHAIR JAMES asked, for clarification, if there was a way to monitor           
 the phone numbers dialed?                                                     
                                                                               
 REPRESENTATIVE BERKOWITZ replied, "Yes."                                      
                                                                               
 Number 0690                                                                   
                                                                               
 REPRESENTATIVE AL VEZEY applauded the intent of the bill and agreed           
 with the direction.  However, he wondered if the language                     
 "employer" should be included to challenge the department's                   
 authority to investigate a legitimate relationship.  He explained             
 recently he had been the subject of an investigation by the                   
 Department of Corrections due to an employee-employer relationship            
 with a prisoner.                                                              
                                                                               
 Number 0802                                                                   
                                                                               
 PATRICK FLYNN, Researcher to Representative Ethan Berkowitz,                  
 explained the term "friend" was considered broad enough to include            
 employer.                                                                     
                                                                               
 Number 0856                                                                   
                                                                               
 REPRESENTATIVE VEZEY wondered why the Department of Corrections               
 would feel it was necessary to investigate a person who had a                 
 statutory right to visit a prisoner.  "We don't make exception here           
 for the moral standing of this friend or relative."                           
                                                                               
 Number 0891                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained that anybody could contact the             
 lawyer and the lawyer had the right to visit his or her                       
 incarcerated client.  The courts would interpret the term "friend"            
 broadly; it was used more for the purposes of social graces.                  
                                                                               
 Number 0926                                                                   
                                                                               
 REPRESENTATIVE VEZEY apologized.  He had misread the bill.  He                
 thought it was the friend or relative that had the right to visit,            
 it was the attorney.                                                          
                                                                               
 Number 0956                                                                   
                                                                               
 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and           
 Sexual Assault, Department of Public Safety, explained the council            
 had not had an opportunity to review the bill but the concepts                
 introduced were ones that the council supported.  The first issue             
 of prohibiting the perpetrator from contacting the victim, was                
 brought to the council's attention by a police officer from a small           
 police department when a prisoner tried to contact the victim                 
 within 15 minutes of his arrest.  In regards to the issue of                  
 enforcement, there were a number of smaller jails and facilities              
 where the officer actually dialed the number.  In other cases, the            
 victims informed law enforcement of the contact which could be                
 traced and verified.  The second issue of increasing penalties for            
 repeated first degree assault offenses was of concern because there           
 had not been additional consequences for additional charges.  The             
 new domestic violence law was trying to intervene earlier in the              
 domestic violence cycle and to hold the offender accountable.                 
 Therefore, the additional consequences sent the right message.                
                                                                               
 Number 1097                                                                   
                                                                               
 CHAIR JAMES cited a case of a prisoner in Fairbanks who repeatedly            
 called a young girl on the phone.  She wondered about the controls            
 involved.  She did not believe a prisoner should have the benefit             
 of picking up a phone and calling anybody.                                    
                                                                               
 Number 1183                                                                   
                                                                               
 ROBERT COLE, Director, Division of Administrative Services,                   
 Department of Corrections, explained telephone use by inmates was             
 a serious issue a few years ago due to a conspiracy that resulted             
 in a bombing and murder.  As a result, all calls were monitored at            
 the facility.  He would provide to the committee members a detailed           
 description of the telephone security for the entire set of                   
 institutions.                                                                 
                                                                               
 CHAIR JAMES stated she would appreciate a description.  It was a              
 problem that had yet to be fixed.  We were pursuing a "no frills"             
 bill for prisoners so it seemed an incarcerated prisoner should be            
 out of touch, except under special conditions.                                
                                                                               
 Number 1246                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained there was a provision in the "no           
 frills" bill addressing the issue.                                            
                                                                               
 Number 1256                                                                   
                                                                               
 MR. COLE stated for the past four years to five years Mr. Allen J.            
 Cooper, Division of Institutions, Department of Corrections, had              
 tried to get private telephone companies to install a surveillance            
 system across all of the institutions, but there were problems with           
 the volume and rate structure.                                                
                                                                               
 Number 1315                                                                   
                                                                               
 REPRESENTATIVE DYSON asked what the difference was between a third            
 degree and fourth degree assault?                                             
                                                                               
 Number 1329                                                                   
                                                                               
 MS. ANDREEN replied a fourth degree assault was a Class A                     
 misdemeanor while a third degree assault was a Class C felony.  The           
 difference was in the weapon used in the assault.                             
                                                                               
 Number 1348                                                                   
                                                                               
 REPRESENTATIVE DYSON asked if judges in domestic violence cases               
 tended to assign offenders to attend an anger management program?             
                                                                               
 Number 1361                                                                   
                                                                               
 MS. ANDREEN replied it varied from community to community; and,               
 from judge to judge.  The new domestic violence law provided for a            
 batterers program to accept referrals from the court system or the            
 Department of Corrections as a condition of release.  The programs            
 had to meet standards established by corrections in conjunction               
 with the council.  The standards were now in place but there was no           
 funding to implement them.  However, we currently had a small                 
 reimbursable agreement with the court system so someone was on-line           
 as of this month to start monitoring.                                         
                                                                               
 Number 1411                                                                   
                                                                               
 REPRESENTATIVE DYSON stated, for clarification, that the new                  
 domestic violence law mandated a class for batterers; and, that               
 many of the courts did not have a service readily available to send           
 a batterer to but the future was optimistic.                                  
 Number 1442                                                                   
                                                                               
 MS. ANDREEN stated it would be interesting to see how it worked.              
 We were aware of approximately 20 to 25 programs around the state             
 that were interested in receiving approval.  Most were located in             
 the high population areas - Anchorage, Fairbanks and Juneau.  There           
 were going to be a number of areas in the state that were a long              
 way from having a batterers intervention program.  It was important           
 to not look at it as an either-or situation because many viewed an            
 intervention program as an easy out or a way out of jail when there           
 was not verifiable proof that a batterers program was effective.              
 Therefore, it was important that the courts used a combination of             
 options.                                                                      
                                                                               
 Number 1488                                                                   
                                                                               
 REPRESENTATIVE VEZEY wondered, if assault in the third degree                 
 involved a weapon, what weapons were involved in a first and second           
 degree assault.  Weapons of mass destruction, or what? he asked.              
                                                                               
 Number 1505                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ replied it depended on causal injury.  He            
 read the various provisions of assaults from the statute.  They               
 were each a sliding scale that could be argued either way for the             
 different portions.                                                           
                                                                               
 Number 1600                                                                   
                                                                               
 BARBARA BRINK, Acting Public Defender, State of Alaska, was the               
 next person to testify via teleconference in Anchorage.  She noted            
 the unintended consequences of the bill.  Mandatory minimum                   
 sentences removed the ability of any judge to fation an appropriate           
 punishment.  A judge was suppose to consider the seriousness of the           
 harm, the rehabilitation potential, the deterrent value of a                  
 sentence, the isolation of the defendant, and society's requirement           
 to reaffirm its norms.  She feared a mandatory minimum sentence               
 would discourage people from admitting their conduct.  In addition,           
 a mandatory minimum sentenced created an anomaly in the overall               
 scheme of assault charges.  Under the bill a person would be                  
 required to receive 30 or 60 days in jail - more time than if he or           
 she committed a more serious felony offense.  She cited last year             
 the state prosecuted 1,279 domestic assaults.  The municipality of            
 Anchorage prosecuted an additional 1,500 assaults.  It was                    
 estimated that about 30 percent to 50 percent of the cases were               
 repeat offenders.  Therefore, if even a small portion of the cases            
 chose to go to trial instead of pleading out, the financial burden            
 on the public defender and the court system would be enormous.  She           
 could not predict how many would go to trial, however.  She                   
 reiterated a person who had the opportunity to plead his or her               
 case to a judge was much more likely to go this way.  But a person            
 facing a mandatory jail sentence was more likely to take any avenue           
 to get off, including a jury trial.  Moreover, if was important to            
 ensure that a prisoner was notified of the prohibition of                     
 contacting the victim.  Unless there was a clear posting of the               
 notification, a prisoner would not know.  It was important given              
 the fact that most called their relatives once incarcerated.                  
                                                                               
 Number 1770                                                                   
                                                                               
 CHAIR JAMES asked Ms. Brink if the bill would deter repeat                    
 offenses?                                                                     
                                                                               
 Number 1795                                                                   
                                                                               
 MS. BRINK replied she wished there was proof that harsher penalties           
 and punishments deterred repeat offenses.  Domestic violence;                 
 however, by definition, was an emotionally charged situation                  
 usually aggravated by the influence of a substance.  She feared it            
 would discourage some people from calling the police knowing that             
 the consequences would be an automatic 60 days in jail.  Often the            
 police were called just to remove people from the situation and               
 whether or not a harsher penalty was appropriate should not be                
 determined by the victim.                                                     
                                                                               
 Number 1839                                                                   
                                                                               
 CHAIR JAMES agreed that domestic violence was spontaneous and                 
 aggravated by certain conditions.  Therefore, everyone should agree           
 in addressing the issue in a preventative way.                                
                                                                               
 Number 1910                                                                   
                                                                               
 MS. BRINK stated she understood the need for graduated penalties.             
 Her experience had shown that it already happened in court,                   
 however.  Judges sentenced a repeat offender harsher than a first-            
 time offender.  It simply was a matter of whether or not you wished           
 to determine the sentence or a judge.                                         
                                                                               
 Number 1976                                                                   
                                                                               
 ETHEL L. BARENZ was the first person to testify in Juneau.  She               
 needed this type of bill because her offender had over 18 different           
 types of assaults on his record.  "Even though with that he was not           
 sentenced severely enough to realize that he needed to leave me and           
 my children alone for us to be safe."  Consequently, he was out               
 from the assault charge within three months.  She, therefore,                 
 supported stiffer penalties.                                                  
                                                                               
 Number 2010                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked Ms. Barenz if alcohol was involved             
 in his offenses?                                                              
                                                                               
 Number 2017                                                                   
                                                                               
 MS. BARENZ replied most of his offenses were alcohol related.  He             
 had a problem with alcohol and attended many rehabilitation                   
 programs.  But, every time he was kicked out of the rehabilitation            
 program he would stalk and threaten her and her family.                       
                                                                               
 Number 2044                                                                   
                                                                               
 REPRESENTATIVE VEZEY commented that the assailant of Ms. Barenz was           
 jailed for 90 days when the bill talked about 30 and 60 day                   
 sentences.  He was a little confused.                                         
                                                                               
 MS. BARENZ replied her assailant was sentenced to jail for 90 days            
 after 18 offenses, not a first or second offense.  The judge in               
 court indicated that he was approaching "worse offender status" for           
 driving under the influence and assault.  For him, 30 or 60 days              
 would not work, but for a lot of people it could be a deterrent.              
 Progressive terms were needed for the general public as well.                 
                                                                               
 Number 2076                                                                   
                                                                               
 REPRESENTATIVE VEZEY asked Ms. Barenz if her testimony, therefore,            
 would not affect his sentence, but it would be a rehabilitative               
 step towards future offenders?                                                
                                                                               
 MS. BARENZ stated that many offenders were released after 10 to 15            
 days.  They were able to pretend all the way through the rehab                
 program and were able to convince their families to take them back.           
 "If they had to stay in jail it would have made a difference                  
 because for one thing they would have felt more punished and a lot            
 of these women would have had a better chance to get out of the               
 situation to get enough counselling to be able to go on with their            
 lives."  The offender would be out of their lives for enough time             
 for them to take these further steps.                                         
                                                                               
 Number 2142                                                                   
                                                                               
 CARLA TIMPONE, Lobbyist, Alaska Women's Lobby; and, Co-Chair, AWARE           
 Shelter, was the next person to testify in Juneau.  Both the Alaska           
 Women's Lobby and AWARE supported the bill.  She had over 20 years            
 experience with domestic violence.  It was a crime of a different             
 stripe than most other types of crimes because of the nature of its           
 intimacy.  However, it should not be individualized too much                  
 because men who batter only batter.  "They don't get into bar                 
 fights by enlarge.  They don't assault their co-workers.  They                
 don't assault their superiors.  They are generally upstanding and             
 otherwise law abiding members of the community.  And the only                 
 people they harm are their families."  In her experience both                 
 professionally and personally, by the time an offender came to the            
 attention of the criminal justice system, he had been a repeat                
 offender.  By the time she got enough courage to have her husband             
 arrested, within 20 minutes he was out of jail and climbing up the            
 fire escape.  It was a very scary situation to be in.                         
                                                                               
 MS. TIMPONE further stated it was important not to confuse                    
 aggravating factors with causal factors.  In her experience, when             
 a batterer was treated for a substance abuse, you then had a sober            
 batterer, if the underlying issues of why this person batterers               
 were not dealt with.  In addition, it was crucial for                         
 rehabilitation that a batterer took responsibility for his or her             
 actions which included time in jail as well as rehabilitation                 
 programs.                                                                     
                                                                               
 Number 2268                                                                   
                                                                               
 CHAIR JAMES stated it was interesting that we always included men             
 as the batterer which was the case - generally.  She knew of cases,           
 however, where it was the woman who was the batterer.                         
                                                                               
 MS. TIMPONE explained she used the term "man" in the gender neutral           
 tense.  The statistics indicated that men were victims of battering           
 less than .2 percent of the time.                                             
                                                                               
 Number 2293                                                                   
                                                                               
 CHAIR JAMES stated that she always said the same thing for driving            
 while intoxicated (DWI) - by the time someone was picked up for DWI           
 it was not their first offense.  It was generally the first time              
 that he or she got caught but not the first offense.  In the case             
 of domestic violence, it was also very unusual that the first case            
 reported was the actual first case, or else the victim would not              
 have come to the position to take action.  The whole issue of                 
 domestic violence was distressing because it was hard to control.             
 "We live in a country where our home is our castle and our privacy            
 should be protected at home."  It was very difficult to penetrate             
 that privacy without violating someone's rights.  There was no harm           
 in trying, however.                                                           
                                                                               
 Number 2356                                                                   
                                                                               
 REPRESENTATIVE VEZEY stated that the increased sentence time in               
 Sec. 3 were small increments.  This was just a Band-Aid approach.             
 He explained the philosophy for corrections was rehabilitation at             
 the time the Constitution of the State of Alaska was written.  The            
 philosophy now was to protect the public.  It was time to come to             
 grips that sexual predators could not be rehabilitated and that the           
 only way to protect society was to remove these individuals.  The             
 bill was going in the right direction, but he seriously questioned            
 if there was a benefit to increase a sentence from 20 days to 30              
 days.  Was 10 days going to provide society anything more than 10             
 days of protection?  he asked.                                                
                                                                               
 Number 2426                                                                   
 CHAIR JAMES replied the testimony indicated that 20 days and 90               
 days were a big difference in the lives of the victims by helping             
 them feel protected.                                                          
                                                                               
 REPRESENTATIVE VEZEY replied the bill did not address 90 days.                
                                                                               
 Number 2431                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ stated at 20 days there were no                      
 residential treatment programs.  He agreed that alcohol aggravated            
 the situation.  An offender could get "soft bed time" if he went              
 through an in-patient alcohol treatment program.  The programs were           
 usually 28 days and 40 days.  Hence, the 30 days and 60 days in the           
 bill.                                                                         
                                                                               
 TAPE 97-49, SIDE B                                                            
 Number 0001                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ further stated the savings would come from           
 reducing the rate of incidences and removing drugs and alcohol from           
 the equation.  Given the budget restraints, it was a very cost                
 effective way of addressing the situation.                                    
                                                                               
 Number 0023                                                                   
                                                                               
 REPRESENTATIVE DYSON stated it was tempting to go from 20 days to             
 200 days.  In addition, there were batterer programs in the state             
 such as the anger management program by Patrick Flynn's mother,               
 contrary to what Representative Berkowitz indicated.                          
                                                                               
 Number 0051                                                                   
                                                                               
 CHAIR JAMES stated testimony from Ms. Andreen indicated that we               
 were not absolutely sure how well the programs worked.                        
                                                                               
 Number 0061                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained that he said there were no                 
 residential treatment programs, not batterer programs.                        
                                                                               
 Number 0068                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON stated, in response to Representative                
 Vezey's comments, sometimes the most difficult thing we did was               
 take incremental steps rather than fix the whole problem at once.             
 There was the constant tension of whether or not to take the                  
 incremental step or a comprehensive approach.  He felt frustrated             
 with an incremental step approach but any step in the right                   
 direction indicated success.                                                  
                                                                               
 REPRESENTATIVE ELTON further stated that prevention was just as               
 important as dealing with the consequences.  "If prevention worked            
 10 percent of the time then good.  If prevention worked 20 percent            
 of the time then even better."  It was the same as prevention in              
 health care.  "You can take your inoculations and do everything               
 else and that doesn't necessarily guarantee that you're going to              
 live a healthy and long life.  But it incrementally adds to the               
 chances that you may."                                                        
                                                                               
 Number 0183                                                                   
                                                                               
 CHAIR JAMES stated the one unintended consequence that she feared             
 from a longer sentence was the influence on the person who made the           
 charge, particularly in cases where the batterer supported the                
 family financially.  She wondered if it would deter reporting.  She           
 was willing to try and move the bill forward, however.                        
                                                                               
 Number 0282                                                                   
                                                                               
 REPRESENTATIVE IVAN announced he supported the bill as written.  He           
 had observed the shelter program in the community of Dillingham               
 which was working very well.  The bill was an additional tool for             
 the law enforcement community and for the people who assist                   
 victims.  He had observed in his community a sibling who protected            
 a family member by putting the head of household in jail who was              
 asked to come back by the mother because of her dependence on him             
 for the survival of the family.                                               
                                                                               
 Number 0346                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained that the mandatory 20 day                  
 sentence for the first offense existed only if the offense occurred           
 during the existence of a domestic violence restraining order.                
 There was no mandatory minimum if there was not a restraining order           
 in effect.                                                                    
                                                                               
 Number 0374                                                                   
                                                                               
 REPRESENTATIVE DYSON moved that HB 245 move from the committee with           
 individual recommendations and the attached fiscal note(s).  There            
 was no objection, HB 245 was so moved from the House State Affairs            
 Standing Committee.                                                           
                                                                               
 HCR 9 - AMEND UN RLS: COMMITTEE ACTION ON BILLS                             
                                                                               
 The next order of business to come before the House State Affairs             
 Standing Committee was HCR 9, Proposing amendments to the Uniform             
 Rules of the Alaska State Legislature relating to committee                   
 meetings; and providing for an effective date.                                
                                                                               
 Number 0440                                                                   
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG, Alaska State Legislature, explained           
 the bill proposed amendments to the Uniform Rules of the Alaska               
 State Legislature that would allow for committees to meet during              
 the interim and to take action.  It would also allow for committee            
 members to vote and to make a quorum via the teleconference line.             
 The purpose of the bill was to bring hearings closer to the people            
 of the state of Alaska by enabling business to be conducted during            
 the interim; to increase the efficiency of the Alaska State                   
 Legislature; and to possibly shorten the legislative session.                 
                                                                               
 REPRESENTATIVE ROKEBERG further explained he had also introduced              
 legislation to shorten the legislative session to 90 days.                    
                                                                               
 REPRESENTATIVE ROKEBERG further stated, currently, committees could           
 take action during the interim that amounted to a work session, not           
 substantive action.  The bill allowed for substantive committee               
 work and action within the confines of the committee only.  The               
 action could not be read across the floor of the House of                     
 Representatives.  In addition, the resolution called for a zero               
 fiscal note.  Some indicated there would be a fiscal impact to the            
 budget but he believed there would be a savings.  Nevertheless, the           
 presiding officers had the ability to control the traveling request           
 and budget for every member.                                                  
                                                                               
 Number 0545                                                                   
                                                                               
 CHAIR JAMES asked Representative Rokeberg if he would object to               
 amending the resolution to include the language "prior approval of            
 the leadership before scheduling a meeting"?  The amendment was a             
 request.                                                                      
                                                                               
 Number 0584                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied he did not think he would have a              
 problem with the amendment.  He wondered if it would be rude to ask           
 who requested the amendment.                                                  
                                                                               
 CHAIR JAMES replied the Speaker of the House of Representative                
 requested the amendment.                                                      
                                                                               
 REPRESENTATIVE ROKEBERG stated he would be very happy in that case            
 to accept the friendly amendment to the resolution.                           
                                                                               
 REPRESENTATIVE BERKOWITZ announced he had several amendments that             
 he would turn into questions.  First, he would be concerned if the            
 committee was either the first or last committee of referral.                 
 Second, he would be concerned if it was the only committee of                 
 referral.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG replied a bill could not be moved out of a            
 committee.  It could only be acted on and transmitted to the clerk.           
 It could not be read across the floor of the House of                         
 Representatives.                                                              
 Number 0605                                                                   
                                                                               
 CHAIR JAMES wondered about amending a bill in committee upon                  
 returning to session.                                                         
                                                                               
 Number 0614                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied presumably the committee had                  
 already moved to pass the bill out.  The intention was not to                 
 expand the scope of the rule change in order to control the flow of           
 the bill activity.                                                            
                                                                               
 Number 0626                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained he was also concerned about just           
 being able to pass the bill along.                                            
                                                                               
 CHAIR JAMES replied it could not be passed to the next committee of           
 referral.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG stated it could not be read across the                
 floor of the House of Representatives because we would not be in              
 session.                                                                      
                                                                               
 Number 0649                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ stated he would also like there to be some           
 kind of notice prior to a meeting such as the 5-day notice.                   
                                                                               
 CHAIR JAMES replied the 5-day notice was in the uniform rules.                
                                                                               
 REPRESENTATIVE ROKEBERG wondered if the 5-day rule applied during             
 the interim.  He deferred the question to Representative Vezey.               
                                                                               
 Number 0665                                                                   
                                                                               
 REPRESENTATIVE VEZEY maintained for years that the legislature had            
 the authority to do this already but passing a law would salve                
 everyone's conscious.  It was a good idea and long over due.  The             
 internal workings of the legislature were not subject to a court's            
 jurisdiction even if a law was passed.  We would have to be in                
 session to take official action - the only constitutional                     
 limitation.                                                                   
                                                                               
 Number 0711                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained the reason he asked was that               
 Tamara Cook, Director, Legislative Research and Legal Services,               
 suggested the issue be looked at.                                             
                                                                               
 Number 0719                                                                   
                                                                               
 CHAIR JAMES asked how did we get the uniform rules?  Was it passed            
 as a document?                                                                
                                                                               
 REPRESENTATIVE ROKEBERG replied the uniform rules had to be adopted           
 by each legislature.  Right now we did not have any uniform rules.            
 He deferred the question again to Representative Vezey.                       
                                                                               
 Number 0736                                                                   
                                                                               
 REPRESENTATIVE VEZEY stated the Constitution of the State of Alaska           
 provided that the legislature adopt rules.  As a matter of course,            
 we had not formally adopted any rules for the Twentieth Alaska                
 State Legislature.  It did not mean we were not operating under any           
 rules, however.                                                               
                                                                               
 CHAIR JAMES wondered how it was missed this year.                             
                                                                               
 REPRESENTATIVE ROKEBERG stated there was a resolution but it did              
 not go as far as the former majority leader.                                  
                                                                               
 CHAIR JAMES asked what the procedure had been in the past for                 
 amending the rules?                                                           
                                                                               
 Number 0774                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG replied it required a resolution before the           
 body to adopt the rules.  The controversy was over the adoption of            
 Mason's Manual.                                                             
                                                                               
 REPRESENTATIVE ROKEBERG read Uniform Rule 53 into the record.                 
                                                                               
 Number 0806                                                                   
                                                                               
 CHAIR JAMES stated she liked what the resolution called for.  She             
 was not convinced, however, if this was the right procedure.                  
                                                                               
 REPRESENTATIVE ROKEBERG stated the House State Affairs Standing               
 Committee was the first committee of referral.  The resolution also           
 had two other referrals including the House Rules Standing                    
 Committee - the proper forum to address the resolution.  He asked             
 the indulgence of the committee to move the resolution out of its             
 way.                                                                          
                                                                               
 CHAIR JAMES moved for a conceptual amendment to include leadership            
 approval prior to scheduling a meeting.                                       
                                                                               
 Number 0869                                                                   
                                                                               
 REPRESENTATIVE VEZEY objected.  It was very, very redundant.  The             
 presiding officer of the House determined the chair and the House             
 Committee on Committees determined the members.  In addition, we              
 had provisions to do exactly what you wanted to do without                    
 restating it.                                                                 
                                                                               
 Number 0897                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked for a friendly amendment to the                
 conceptual amendment to ensure that the minority was advised as               
 well.                                                                         
                                                                               
 REPRESENTATIVE ROKEBERG objected.  It was not necessary.  The                 
 membership of all committees included minority members, therefore,            
 the minority would be informed.                                               
                                                                               
 CHAIR JAMES called for a roll call vote.  Representatives James,              
 Berkowitz and Ivan voted in favor of the motion.  Representatives             
 Dyson and Vezey voted against the motion.  Representatives Elton              
 and Hodgins were not present to vote.  The conceptual amendment               
 passed.                                                                       
                                                                               
 Number 0964                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ explained he would give his amendments and           
 concerns to Representative Rokeberg in hopes that they would be               
 considered and discussed at some time down the line.                          
                                                                               
 REPRESENTATIVE ROKEBERG stated he would be happy to do so.                    
                                                                               
 Number 0991                                                                   
                                                                               
 REPRESENTATIVE DYSON moved that HCR 9, as amended, move from the              
 committee with individual recommendations and the attached fiscal             
 note(s).  There was no objection, CSHCR 9(STA) was so moved from              
 the House State Affairs Standing Committee.                                   
                                                                               
 HB 47 - TELEPHONE VICTIM NOTIFICATION SYSTEM                                
 HB 48 - APPROP: VICTIM NOTIFICATION SYSTEM                                  
                                                                               
 The next order of business to come before the House State Affairs             
 Standing Committee was HB 47, "An Act relating to authorizing the             
 Department of Corrections to provide an automated victim                      
 notification and prisoner information system."  And, HB 48, "An Act           
 making a special appropriation for an automated victim notification           
 system; and providing for an effective date."                                 
                                                                               
 CHAIR JAMES announced the two bills would be taken up together                
 because they were connected.                                                  
                                                                               
 Number 1042                                                                   
                                                                               
 REPRESENTATIVE ALLEN J. KEMPLEN, Alaska State Legislature, read the           
 following sponsor statement into the record:                                  
 "Each day, over 600 concerned Alaskans call our state institutions            
 seeking information on inmates.  Alaska's prisons and pre-trial               
 facilities housed 2,990 inmates, 49% of whom are considered violent           
 in November, 1996.  Clearly proper and timely notification to                 
 victims about the release or escape of their attackers can improve            
 their sense of safety.                                                        
                                                                               
 "A state-of-the-art computer system, called Victim Information and            
 Notification Everyday (VINE) was developed to keep crime victims              
 informed of inmate activity.  VINE provides two important services            
 that enhance that vital link of communication between the justice             
 system and the victim.                                                        
                                                                               
 "First:  Vine provides automatic notification calls to a crime                
 victim when an inmate's status changes.  If an inmate is released,            
 transferred, posts bail or escapes, VINE places an automated                  
 telephone call to all registered victims within 10 minutes of the             
 change in the offender's status.  VINE continues to call the victim           
 for 24 hours or until successful notification is verified by the              
 victim.                                                                       
                                                                               
 "Second:  VINE provides critical inmate information 24 hours a day,           
 7 days a week through the automated telephone system.  VINE allows            
 confidential exchange of information.  Victims may access                     
 information on a prisoner through the use of personal                         
 identification numbers.  Victims may easily enter new contact                 
 numbers.                                                                      
                                                                               
 "Kentucky became the first state to implement VINE statewide in               
 February, 1996.  During the first 90 days of operation, over 20,000           
 phone calls were processed.  Over 600 victims were notified through           
 VINE of impending inmate releases.  Three month later, over 3,500             
 successful notification had been made, with an average of 7 new               
 registrations a day.  Currently, the VINE Company has contracts               
 with over 150 counties in more than 12 states, including Texas,               
 California, New Jersey, Georgia and Michigan.                                 
                                                                               
 "The goal of this legislation is to meet the need for timely,                 
 efficient and reliable notification to a victim about the                     
 offender's status.  This legislation provides for the use of                  
 innovative technology that will assist corrections staff charged              
 with the responsibility of notifying crime victims who may move.              
 This legislation gives victims control.  The timely notification              
 will allow victims to prepare for offenders' release and victims              
 can, in confidence, keep corrections staff informed of their                  
 telephone contact numbers."                                                   
                                                                               
 Number 1251                                                                   
                                                                               
 REPRESENTATIVE IVAN asked Representative Kemplen if the sum of                
 $250,000 was targeted for this year or next year in regards to the            
 budget process?                                                               
 Number 1263                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN replied the amount was not forwarded in the            
 budget process this year.  The department had indicated it would              
 need only $150,000 rather than the $250,000 called for in the bill.           
 The department had also determined that it could receive grant                
 money to operate VINE.  Several states had installed the system               
 with grant funding from one of several federal sources.                       
                                                                               
 Number 1328                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ wondered if the cost would be recouped by            
 people phoning in and through increased efficiency of the                     
 prosecutorial agencies and the Department of Corrections.  In other           
 words, people would be free to do other jobs rather than victim               
 notification.                                                                 
                                                                               
 Number 1360                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN replied, "Correct."                                    
                                                                               
 Number 1368                                                                   
                                                                               
 REPRESENTATIVE IVAN commented the state had a computer system in              
 place currently.  He asked Representative Kemplen if the VINE                 
 system would be a separate service provided by a private company?             
                                                                               
 Number 1403                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN replied VINE was a proprietor system.  The             
 price tag included a $45,200 one-time cost to interface and                   
 implement the system.  The installation included 13 institutions,             
 13 probation parole offices, 15 local jails, and 13 community                 
 residential centers in the state.  The price tag also included a              
 $3,000 one-time cost for software.                                            
                                                                               
 CHAIR JAMES asked Representative Kemplen where the rest of the                
 money went?  He only accounted for $48,200.                                   
                                                                               
 REPRESENTATIVE KEMPLEN replied the price tag also included a $8,000           
 one-time cost for printing brochures, a $90,000 annual operation              
 and port fee, and a $3,000 annual cost for standby staff, in the              
 event of a failure of the hardware or software.                               
                                                                               
 CHAIR JAMES asked, for clarification, if there would be a $93,000             
 on-going expense every year?                                                  
                                                                               
 REPRESENTATIVE KEMPLEN replied, "Yes."  There was a service charge            
 of $1.50 for victims calling in about the status of their                     
 offenders.  Experience had shown that there was enough revenue                
 generated from that service to cover the operation cost.                      
                                                                               
 Number 1548                                                                   
                                                                               
 CHAIR JAMES commented getting any money from the 1997 or 1998                 
 budget would be remote.  However, if there was an opportunity to              
 get any money it would be in 1998.  It would be wise to appropriate           
 money from other funding sources - federal or private.  It was a              
 threat to appropriate money from the General fund when the goal was           
 to reduce it by $60 million.                                                  
                                                                               
 REPRESENTATIVE KEMPLEN asked Chair James, for clarification, if the           
 suggestion was to list federal receipts or other funds rather than            
 the General Fund?                                                             
                                                                               
 CHAIR JAMES replied, "Yes."  Thereby authorizing them to look for             
 other funds.  If the language "general fund" was left it would not            
 pass.                                                                         
                                                                               
 Number 1733                                                                   
                                                                               
 ROBERT COLE, Director, Division of Administrative Services,                   
 Department of Corrections, was the first person to testify in                 
 Juneau.  The Department of Corrections; and, other law enforcement,           
 judicial and prosecutorial agencies were excited about an automatic           
 means of notifying victims.  Presently, the system was cumbersome             
 and paper driven.  There were a number of federal grants and                  
 funding sources for programs like this.  He could not guarantee               
 that the money could be accessed, however.  The money needed to be            
 applied for and awarded.                                                      
                                                                               
 MR. COLE further said the department received about 600 phone calls           
 a day now.  It was possible if a charge was added the number of               
 phone calls would go down.  Nevertheless, the flow should be able             
 to help pay for the cost of the system.                                       
                                                                               
 MR. COLE further said there were design questions that needed to be           
 answered such as how VINE would attach itself to the current system           
 and how it would report the information.                                      
                                                                               
 MR. COLE stated the department was enthusiastic about the system.             
 If the fiscal note was changed a federal funding source was                   
 probably the best one.  He did not know if federal sources were               
 available this year, however.                                                 
                                                                               
 Number 1920                                                                   
                                                                               
 CHAIR JAMES wondered if Representative Ivan was concerned that the            
 system would include contract jails around the state.                         
                                                                               
 Number 1945                                                                   
                                                                               
 MR. COLE replied the fiscal note included the prisons, probation              
 officers, community residential centers, and contract jails.                  
 Number 1975                                                                   
                                                                               
 REPRESENTATIVE VEZEY asked Mr. Cole if the release of a prisoner              
 did not occur until the paper work was in place?                              
                                                                               
 MR. COLE replied, "Correct."                                                  
                                                                               
 REPRESENTATIVE VEZEY asked Mr. Cole if the most important piece of            
 paper went from the court to the administrator?                               
                                                                               
 Number 2021                                                                   
                                                                               
 MR. COLE replied, "Correct."  Most systems were designed as a                 
 prison information system which assumed little change in a                    
 prisoner's status.  We were running a system that included jails,             
 pre-trial felony facilities and prisons.  Therefore, the status of            
 an inmate changed heavily.  There was a flow of paper work that was           
 entered into the system and completed before a prisoner was                   
 released.                                                                     
                                                                               
 Number 2128                                                                   
                                                                               
 REPRESENTATIVE VEZEY asked Mr. Cole if the paper work was initiated           
 by the courts or corrections?                                                 
                                                                               
 MR. COLE replied sentencing and conviction information was                    
 initiated by the courts.                                                      
                                                                               
 REPRESENTATIVE VEZEY asked Mr. Cole who initiated a release?                  
                                                                               
 MR. COLE replied a release was initiated by corrections.                      
                                                                               
 REPRESENTATIVE VEZEY state, for clarification, it was initiated               
 from corrections to corrections, not from the courts to                       
 corrections.                                                                  
                                                                               
 MR. COLE stated unless a person went back on an appeal.                       
                                                                               
 REPRESENTATIVE VEZEY wondered why the information could not be                
 given to a third party that specialized in giving information to              
 the public.                                                                   
                                                                               
 MR. COLE replied that was how the VINE system worked.                         
                                                                               
 REPRESENTATIVE VEZEY replied, yes, but the Department of                      
 Corrections was the service agency.  He asked Mr. Cole why a                  
 contractor could not be used to get the information to the public?            
                                                                               
 Number 2243                                                                   
                                                                               
 MR. COLE replied it could be done that way in theory.  It was part            
 of a larger question, however.  Public safety around the country              
 was trying to put together a criminal history repository.                     
                                                                               
 REPRESENTATIVE VEZEY said he was interested because it was not the            
 mission of the Department of Corrections to generate information to           
 the general public when there were entities in the market that                
 specialized in that type of service.                                          
                                                                               
 MR. COLE replied it was a complex issue.  He would be willing to              
 converse about it further.                                                    
                                                                               
 TAPE 97-50, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 MR. COLE stated that one of the things that the Department of                 
 Corrections was good at was incapacitating offenders when in our              
 custody.  Therefore, people would not be harming their families               
 when they resided in correctional facilities.                                 
                                                                               
 CHAIR JAMES replied we wanted to have them incapacitated even                 
 stronger.                                                                     
                                                                               
 Number 0109                                                                   
                                                                               
 SERGEANT BARRY C. ALLEN, Sitka Police Department, was the first               
 person to testify via teleconference in Sitka.  He testified today            
 in support of HB 47 and HB 48.  It was a positive step for the                
 rights of victims.  The VINE system would allow victims to prepare            
 for their assailants release.  This would prove to be beneficial in           
 cases of domestic violence and sexual assault.  In addition, VINE             
 would go hand in hand with the domestic violence protection and               
 prevention act of 1996.  He encouraged its prompt passage.                    
                                                                               
 Number 0212                                                                   
                                                                               
 CHRISTINE McLEOD, Director, Sitkans Against Family Violence, was              
 the next person to testify via teleconference in Sitka.  Her                  
 testimony today was in support of HB 47 and HB 48.  Many victims of           
 domestic violence and sexual assault felt dis-empowered by the                
 criminal justice system.  They either felt superfluous or blamed              
 for the crime thereby discouraging reporting and to further                   
 traumatize victims.  The VINE system was one means of giving                  
 victims control over the process.  In 1994 the legislature showed             
 support for victims by amending the constitution to include a                 
 victims' rights amendment.  The VINE system would strengthen the              
 state's compliance to the amendment.  The VINE system would also              
 help to ensure the safety of women and children.                              
                                                                               
 Number 0342                                                                   
                                                                               
 LAURENTIA CHAMBLEE was the next person to testify via                         
 teleconference in Homer.  Her testimony today was in support of HB
 47 and HB 48.  "Victims of domestic violence live in fear when                
 they're with the perpetrator and even after when the perpetrator              
 has been incarcerated."  The perpetrator often made threats of harm           
 if the victim should call the police when they were together and              
 there were often threats of death.  The VINE system would help                
 alleviate the fear of the victim.  It also said to the victim that            
 the system understood her worries and concerns.  It was important             
 to pass the bill this year; it understated the rights of the                  
 victims to live a life with liberty and the pursuit of happiness as           
 a goal.                                                                       
                                                                               
 Number 0461                                                                   
                                                                               
 JANICE LIENHART, Executive Director, VICTIMS for Justice, was the             
 next person to testify via teleconference in Anchorage.  Her                  
 testimony today was in support of HB 47 and HB 48.  She often                 
 received calls from victims after a change in status of the                   
 perpetrator.  It was devastating because the victims often found              
 out after the fact.  They often tried to call and get information             
 but to no avail.  If the data could be kept accurate it would be a            
 powerful tool to keep everybody updated.                                      
                                                                               
 Number 0535                                                                   
                                                                               
 ETHEL L. BARENZ was the next person to testify in Juneau.  She was            
 from Eagle River and the winner of the "send somebody to Juneau"              
 contest.  She had lived through every one of the statements made              
 this morning.  She had been stalked, threatened, assaulted, and her           
 parents and children had been assaulted.  Her assailant attacked              
 her parent's tenant which was how she found out he was out of jail.           
 She did not have any warning and no chance to get her family to               
 safety.  Her elderly parents had been threatened.  The VINE program           
 would help her allow for the safety of her children and parents.              
 The program would not only help her get her life back but others as           
 well.  She thanked the representatives for signing on as co-                  
 sponsors; it touched her heart.                                               
                                                                               
 Number 0656                                                                   
                                                                               
 REPRESENTATIVE DYSON asked Ms. Barenz to share with the committee             
 members what she had done to protect herself.                                 
                                                                               
 Number 0664                                                                   
                                                                               
 MS. BARENZ replied she had to carry a handgun when she was not with           
 others.  She had to stay public, keep another adult with her,                 
 inform the schools that her children attend, contact the state                
 troopers and the city policy frequently, and attend court on a                
 regular basis to find out the conditions of his release.  Her                 
 assailant continued to get angry at her for attending the court               
 hearings because he felt she was provoking him.  It was terrifying            
 to face the man but if she tried to call the court she would always           
 get the same responses:  His file is with the judge; The judge is             
 not available; or We're not sure where his file is right now.  She            
 could not get the information that she needed without waiting a few           
 weeks to be notified.  An automated system would allow for her to             
 be notified quicker and allow her to call in.  She slept with a gun           
 under her bed when she did not know what was happening with her               
 assailant because he had threatened to bring his family out with              
 guns to attack her family.                                                    
                                                                               
 CHAIR JAMES thanked Ms. Barenz for her testimony today and                    
 congratulated her on winning the contest.  She asked Ms. Barenz how           
 her time in Juneau had been?                                                  
                                                                               
 MS. BARENZ replied wonderful.  All of the representatives had been            
 wonderful and receptive to hear her story.                                    
                                                                               
 Number 0794                                                                   
                                                                               
 SANDY SAMANIEGO, Executive Director, Women In Crisis-Counselling              
 and Assistance, was the next person to testify via teleconference             
 in Fairbanks.  She was testifying today in support of HB 47 and HB
 48.  It was apparent that the legislature recognized the importance           
 and severity of the problem with sexual assault and domestic                  
 violence.  On-behalf-of the victims of these crimes she thanked the           
 representatives for their support.  She did not know how to put a             
 price tag on people's lives, but she did know that Alaskans were              
 killed because of domestic violence and sexual assault every year.            
 Statistics indicated that more than 10 percent of Alaskan women               
 were abused by a partner each year, some requiring medical                    
 attention.  Victim notification was a critical piece of the state's           
 plan to keep victims of all violent crimes safe.  Agencies had not            
 been able to timely notify the victims of the changes placing the             
 lives and well being of the victims in danger.  She respectfully              
 asked the committee members to support HB 47 and HB 48.                       
                                                                               
 Number 0884                                                                   
                                                                               
 DEB PEXA, Representative, Advocates for Victims of Violence in                
 Valdez, was the next person to testify via teleconference in                  
 Valdez.  She was testifying today in support of HB 47 and HB 48.              
 This type of information was a matter of life or death for victims            
 of violence.  The current system did not guarantee that victims               
 would receive timely and vital information to provide for the                 
 safety of their families and themselves.  She urged the committee             
 members to support the bills.                                                 
                                                                               
 Number 0929                                                                   
                                                                               
 JOHN RICHARDS was the next person to testify via teleconference in            
 Anchorage.  His testimony today was in support of HB 47 and HB 48.            
 We prosecuted 1,500 domestic violence cases every year of which               
 many involved repeat offenders.  What we had not been able to do              
 was comply with AS 12.30.027 passes last year, "Release in domestic           
 violence cases."  The current state law required the correctional             
 facility to notify the prosecuting authority and for the                      
 prosecuting authority to immediately notify the victim of the                 
 release and the conditions of the release.  Most of these cases               
 occurred between 2:00 a.m. to 5:00 a.m., therefore, without an                
 automated victim notification system there was no way to                      
 meaningfully comply with the statutory requirement.  Domestic                 
 violence was about power and control where 75 percent of the                  
 victims recant or minimize the offense over time.  Common sense               
 indicated that victims were heavily influenced by the defendant               
 through fear and threats.  "If you believe this beating was bad               
 wait until I get out, it'll be worse."  The characteristic of the             
 perpetrator was to blame the victim for all of his problems                   
 including his arrest.  The automatic system was cost effective at             
 $2,800 per month.  He could not hire somebody to sit and dial the             
 telephone all night long for $2,800 per month.  It was essential              
 for a coordinated and effective response to domestic violence.  He            
 urged the committee members to seriously pass the bill and to try             
 to find the money for it.                                                     
                                                                               
 Number 1137                                                                   
                                                                               
 RON MOORE, Account Executive, The VINE Company, was the next person           
 to testify off-net in Kentucky.  The VINE system was now in over              
 350 communities in the United States and Canada with 7 statewide              
 programs in place.  The VINE company had over 40 patens pending for           
 technology.  It was also the only company totally dedicated to                
 victim notification.  There were other software companies that                
 offered the service but not exclusively.  The VINE program was not            
 about putting in a software program or a computer, for example; it            
 was about a community awareness program.  The total community                 
 campaign included public service announcements, press conferences,            
 and a 24-hour hot line.  In California, the legislature waited as             
 well pending funding for the program during which time a woman was            
 killed due to the uninformed release of her perpetrator.  The                 
 legislature immediately entered into a contract with company as a             
 result.  "Please don't wait."  he declared.  The VINE program                 
 usually could be funded through the inmate phone system itself.               
                                                                               
 Number 1290                                                                   
                                                                               
 CHAIR JAMES asked Mr. Moore what the charges were based on?                   
                                                                               
 Number 1308                                                                   
                                                                               
 MR. MOORE replied the charges were based on inmate population and             
 the population of the community.                                              
                                                                               
 Number 1332                                                                   
                                                                               
 CHAIR JAMES asked Mr. Moore what was the fee that would be paid               
 regularly for the service?                                                    
 MR. MOORE replied there was a monthly charge that covered the on-             
 going cost of the program - public service announcements and                  
 handouts for example.  In addition, every 10 minutes the call                 
 center in Kentucky would call the Alaska system for changes.                  
                                                                               
 CHAIR JAMES asked Mr. Moore what was the monthly charge?                      
                                                                               
 MR. MOORE replied he did not have the exact figure before him.  It            
 was about $90,000 per annum.                                                  
                                                                               
 Number 1396                                                                   
                                                                               
 CHAIR JAMES asked Mr. Moore how often was the monthly charge                  
 reviewed to see if it was too much or too little?                             
                                                                               
 MR. MOORE replied it was based on the length of the contract; it              
 would not change during the length of it.                                     
                                                                               
 Number 1421                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked Mr. Moore what was the company's               
 profit-ratio?                                                                 
                                                                               
 MR. MOORE replied the start-up cost for Alaska was about $45,000 -            
 a break-even number based on the expenses of flying to Alaska to              
 develop the interface, accommodations, software, and scripts.  The            
 profit would come from the monthly fee.                                       
                                                                               
 Number 1464                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked Mr. Moore if Alaska would benefit              
 from the concept of economies of scale because the company was                
 nationwide?                                                                   
                                                                               
 MR. MOORE replied, "Exactly."  Everybody in the country used the              
 same call center whether there were 20,000 inmates or 20 inmates.             
 Any time there were software or technology improvements, for                  
 example, everybody shared.  There would not be an increase in the             
 rates because of the improvements.                                            
                                                                               
 CHAIR JAMES announced the bills would be held over until Saturday,            
 April 26, 1997.                                                               
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Number 1485                                                                   
                                                                               
 CHAIR JAMES adjourned the House State Affairs Standing Committee              
 meeting at 10:08 a.m.                                                         
                                                                               
                                                                               

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