Legislature(2023 - 2024)GRUENBERG 120
04/18/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Department of Corrections, Commissioner | |
| HB61 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 116 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 18, 2023
3:04 p.m.
MEMBERS PRESENT
Representative Laddie Shaw, Chair
Representative Stanley Wright, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jamie Allard
Representative Jennie Armstrong
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
State Board of Parole
- Sarah Possenti Fairbanks
- CONFIRMATION(S) ADVANCED
Department of Corrections, Commissioner
- Jennifer Winkelman Juneau
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 61
"An Act relating to restrictions on firearms and other weapons."
- MOVED CSHB 61(STA) OUT OF COMMITTEE
HOUSE BILL NO. 116
"An Act relating to appropriations from the restorative justice
account."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 61
SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS
SPONSOR(s): REPRESENTATIVE(s) TILTON
02/06/23 (H) READ THE FIRST TIME - REFERRALS
02/06/23 (H) CRA, STA
03/16/23 (H) CRA AT 8:00 AM BARNES 124
03/16/23 (H) Heard & Held
03/16/23 (H) MINUTE(CRA)
03/21/23 (H) CRA AT 8:00 AM BARNES 124
03/21/23 (H) Moved HB 61 Out of Committee
03/21/23 (H) MINUTE(CRA)
03/22/23 (H) CRA RPT 4DP 1DNP 1AM
03/22/23 (H) DP: MCKAY, RUFFRIDGE, MCCABE, MCCORMICK
03/22/23 (H) DNP: MEARS
03/22/23 (H) AM: HIMSCHOOT
04/11/23 (H) STA AT 3:00 PM GRUENBERG 120
04/11/23 (H) Heard & Held
04/11/23 (H) MINUTE(STA)
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 116
SHORT TITLE: RESTORATIVE JUSTICE ACCT APPROPRIATIONS
SPONSOR(s): REPRESENTATIVE(s) COULOMBE
03/17/23 (H) READ THE FIRST TIME - REFERRALS
03/17/23 (H) STA, FIN
04/18/23 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
SARA POSSENTI, Appointee
State Board of Parole
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State Board
of Parole.
JENNIFER WINKELMAN, Commissioner Designee, Appointee
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified as commissioner designee
appointee to the Department of Corrections.
DON HABEGER, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Winkelman's appointment.
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, as prime sponsor.
STEVE ST. CLAIR, Staff
Representative Cathy Tilton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, on behalf of Representative Tilton, prime sponsor.
REPRESENTATIVE JULIE COULOMBE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 116, as prime sponsor.
EDRA MORLEDGE, Staff
Representative Julie Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation on HB
116, on behalf of Representative Coulombe, prime sponsor.
DIANE CASTO, Executive Director
Council on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
116.
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on HB 116.
ERICK CORDERO, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 116.
ACTION NARRATIVE
3:04:20 PM
CHAIR LADDIE SHAW called the House State Affairs Standing
Committee meeting to order at 3:04 p.m. Representatives
Carpenter, C. Johnson, Armstrong, Story, Wright, and Shaw were
present at the call to order. Representative Allard arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S):
^State Board of Parole
^Department of Corrections, Commissioner
CONFIRMATION HEARING(S):
State Board of Parole
Department of Corrections, Commissioner
3:05:06 PM
CHAIR SHAW announced that the first order of business would be
the confirmation hearings for the governor's appointees to
various boards and commissions.
3:05:31 PM
SARA POSSENTI, Appointee, State Board of Parole, provided an
overview of her background and qualifications, citing her 12
years of experience on the State Board of Parole. As this would
be her fourth appointment to the board, she expressed support
for the current membership. She highlighted her background in
criminal justice and social work, as well as her experience as a
probation officer specializing in the supervision of sex
offenders and substance abuse treatment.
3:07:24 PM
REPRESENTATIVE STORY reported that the number of Alaskans
released on discretionary parole has decreased from a high of 66
percent in 2015 to 25 percent in 2022. She questioned the
reason for the reduction.
MS. POSSENTI shared her understanding that in prior years the
system offered more programs. She noted that programming
completion has been a significant factor for those released on
discretionary parole. She expressed the understanding that due
to Senate Bill 91 [passed during the Thirty-Second Alaska State
Legislature], numbers were skewed; additionally, she referenced
the pandemic as a reason for varied rates, as programming
decreased during this time. She expounded, predicting that
numbers would increase in the future.
REPRESENTATIVE STORY asked for a description of Ms. Possenti's
decision-making process in regard to granting discretionary
parole.
MS. POSSENTI said that for discretionary parole, the following
would be considered: whether early parole would diminish the
seriousness of the offense; whether rehabilitation could be
furthered by release; the likelihood of the individual
committing further crimes or violating the conditions of
release; whether the individual was a threat to the public; and
the individual's history under supervision. Her goal, she said,
would be to make the best decision for both the community and
the inmate's rehabilitation.
REPRESENTATIVE STORY asked whether it was common practice for an
inmate who had been denied discretionary parole to wait 10 years
before reapplying.
MS. POSSENTI indicated that the 10-year "set off" has been a
longstanding practice for serious crimes.
REPRESENTATIVE STORY inquired about the timespan for nonserious
crimes.
MS. POSSENTI said the level of programming determined the "set
off" time, and reconsideration would be contingent on whether
the inmate completed certain criteria.
REPRESENTATIVE STORY pointed out that 2022 data from the State
Board of Parole shows white inmates are twice as likely to be
granted discretionary parole compared to Alaska Native inmates.
She questioned the statistic.
MS. POSSENTI said she would have to follow up after reviewing
the data. She speculated that access to programming could be a
contributing factor.
3:20:04 PM
REPRESENTATIVE WRIGHT highlighted Ms. Possenti's 12 years of
service and inquired about her continued desire to serve on the
board.
MS. POSSENTI said she possesses a special quality for working
with troubled individuals while respecting them and meeting
their needs. She expressed the belief that she works well with
criminals, helping them recognize their strengths and
encouraging them to make better decisions. She added that
serving on the board allows her to continue this work.
3:22:16 PM
REPRESENTATIVE ALLARD asked whether race would be a determining
factor when considering an individual for parole.
MS. POSSENTI answered, "Absolutely not."
3:22:41 PM
REPRESENTATIVE ARMSTRONG asked whether the board would make
decisions that would put a greater emphasis on punishment rather
than rehabilitation.
MS. POSSENTI acknowledged that in some cases, granting parole
would diminish the severity of the crime when victims were
involved. In response to a follow-up question, she expressed
the belief that people could change. She stated that she has
witnessed this in her work in the criminal justice system. She
expressed her hope that all parolees would become productive
citizens.
3:25:45 PM
REPRESENTATIVE CARPENTER asked how the board would determine
that a person is likely to recidivate; therefore, endangering
the community.
MS. POSSENTI observed that most people who come before the
parole board are not first-time offenders. She explained that
her questions often revolve around treatment and community
support, as most inmates struggle with addiction.
3:29:42 PM
CHAIR SHAW thanked Ms. Possenti and welcomed Commissioner
Designee Winkelman.
3:30:15 PM
JENNIFER WINKELMAN, Commissioner Designee, Appointee, Department
of Corrections (DOC), shared her biographical background,
including her work as a probation and parole officer with both
unsentenced and sentenced inmates throughout the state, which
began 22 years ago; her role as chief probation officer, in
2016; her selection to be director of Pretrial, Probation and
Parole, in 2018; and her current appointment by Governor Mike
Dunleavy as commissioner of DOC.
COMMISSIONER WINKELMAN talked about how the strengths and
struggles within corrections differ from one area to the next
throughout Alaska. She emphasized the value of the following:
building relationships; working collaboratively with available
resources; remaining fair and impartial in decision-making based
on facts and "the big picture"; having a long-range vision for
the department through everchanging administrations; and
acknowledging reentry to be just as much a part of public safety
as incarceration. She concluded by stating three goals: the
health and well-being of staff; that those who enter the DOC
system leave better than they arrived; and a different use of
resources, technology, and best practices in the hope that doing
so will "drive down recidivism."
3:40:37 PM
REPRESENTATIVE ARMSTRONG requested concrete examples of how the
department is helping inmates leave the facilities better than
they entered.
COMMISSIONER WINKELMAN explained that for short-term stays, it
would mean allowing inmates to shower, for example. For inmates
with longer sentences, the goal is to provide programming inside
and housing upon release.
3:41:50 PM
REPRESENTATIVE STORY discussed the importance of treatment and
rehabilitation. She asked how she would work to ensure that
department funds would be used in this capacity.
COMMISSIONER WINKELMAN detailed the benefits of offering
telehealth options in rural Alaska and providing computers to
those in custody. She highlighted the importance of program
availability and listening to feedback from staff regarding
which programs yield successful outcomes.
3:43:59 PM
REPRESENTATIVE STORY inquired about Commissioner Designee
Winkelman's vision for educational programming inside DOC
facilities.
COMMISSIONER WINKELMAN indicated that the educational component
goes hand-in-hand with the treatment component. She said
collaborating with the university to offer educational
programming is a long-term goal.
3:45:20 PM
REPRESENTATIVE STORY asked whether progress has been made on
retention and recruitment issues, as well as staff shortages.
COMMISSIONER WINKELMAN indicated that the needle is "slightly"
moving in a positive direction. She explained that temporary
housing has been extended from 15 days to 120 days in Juneau to
allow new hires to find permanent housing. In areas that are
not experiencing staff shortages, a temporary duty (TDY) program
is being utilized to spread out staff and fill some of the
voids.
REPRESENTATIVE STORY inquired about the policies and procedures
for inmates going through withdrawal.
COMMISSIONER WINKELMAN opined that current screening practices
are working, as nothing of this nature has been raised as a
concern.
3:48:59 PM
CHAIR SHAW opened public testimony on Commissioner Winkelman's
appointment.
3:49:34 PM
DON HABEGER, Community Coordinator, Juneau Reentry Coalition,
expressed his support for the appointment of Commissioner
Winkelman. He recounted positive experiences working with
Commissioner Winkelman, adding that he would like to continue
this work. He opined that confirming her appointment would be
doing communities a favor.
CHAIR SHAW, after ascertaining that there was no one else who
wished to testify, closed public testimony.
3:51:49 PM
CHAIR SHAW stated that the House State Affairs Standing
Committee has reviewed the qualifications of the governor's
appointees and recommends that the following names be forwarded
to a joint session for consideration: Sara Possenti, State
Board of Parole; and Jennifer Winkelman, Commissioner Designee
for the Department of Corrections. He said that signing the
report regarding appointments to boards and commissions in no
way reflects an individual member's approval or disapproval of
the appointee, and the nomination is merely forwarded to the
full legislature for confirmation or rejection.
3:52:47 PM
The committee took an at-ease from 3:52 p.m. to 3:59 p.m.
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
3:59:31 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 61, "An Act relating to restrictions on firearms
and other weapons."
4:00:38 PM
The committee took a brief at-ease.
4:01:03 PM
REPRESENTATIVE STORY moved to adopt Amendment 1 to HB 61,
labeled 33-LS0333\A.4, Radford, 4/17/23, which read:
Page 2, line 9, following "to":
Insert "(1)"
Page 2, line 12, following "law":
Insert ";
(2) an order, proclamation, regulation,
ordinance, or policy
(A) forbidding the possession of a firearm,
a firearm accessory, ammunition, or other weapon for
personal use at an emergency shelter; or
(B) ordering the seizure or confiscation of
a firearm, a firearm accessory, ammunition, or other
weapon for personal use that a person possesses or
attempts to possess at an emergency shelter"
CHAIR SHAW objected for the purpose of discussion.
4:01:08 PM
REPRESENTATIVE STORY explained that Amendment 1 would allow
authorities to restrict the possession of firearms in emergency
shelters during a disaster declaration, thus providing
authorities with the flexibility to assess situations and retain
order and safety in communal living spaces.
4:02:49 PM
REPRESENTATIVE CARPENTER objected to the motion to adopt
Amendment 1.
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 1. Representatives Carpenter, C.
Johnson, Allard, Wright, and Shaw voted against it. Therefore,
Amendment 1 failed by a vote of 2-5.
4:03:45 PM
The committee took a brief at-ease at 4:03 p.m.
4:04:25 PM
REPRESENTATIVE STORY moved to adopt Amendment 2 to HB 61,
labeled 33-LS0333\A.3, Radford, 4/17/23, which read:
Page 2, lines 13 - 25:
Delete all material.
REPRESENTATIVE C. JOHNSON objected.
REPRESENTATIVE ALLARD objected.
4:04:36 PM
REPRESENTATIVE STORY explained that Amendment 2 would delete the
language on page 2, lines 13-25, as this language would allow
people to bring civil action against a government agency or law
enforcement. She opined that this would encourage people to sue
the state government without resulting in injunctive relief.
4:05:52 PM
REPRESENTATIVE C. JOHNSON asked the bill sponsor to discuss
Amendment 2.
4:05:58 PM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, prime
sponsor of HB 61, referenced a memorandum "memo" from
Legislative Legal Services [included in the committee packet],
which addressed the concern about injunctive relief versus
treble damages. She deferred to her staff.
4:06:24 PM
STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska
State Legislature, on behalf of Representative Tilton, prime
sponsor of HB 61, stated that this is an existing practice in
state and federal law.
4:06:57 PM
REPRESENTATIVE STORY, referencing the legal memo, shared her
understanding that treble damages are authorized in 14 different
statutes, whereas injunctive relief appears in the Alaska
Statutes 46 times. She requested a representative from
Legislative Legal Services to answer the question of whether
injunctive relief would be more appropriate.
CHAIR SHAW said no one from Legislative Legal Services was
online.
4:07:31 PM
REPRESENTATIVE C. JOHNSON maintained his objection to Amendment
2.
4:07:36 PM
A roll call vote was taken. Representatives Armstrong and Story
voted in favor of Amendment 2. Representatives Wright,
Carpenter, C. Johnson, Allard, and Shaw voted against it.
Therefore, Amendment 2 failed by a vote of 2-5.
4:08:06 PM
REPRESENTATIVE WRIGHT moved to adopt Amendment 3 to HB 61,
labeled 33-LS0333\A.1, Radford, 4/13/23, which read:
Page 1, line 8, following "firearm,":
Insert "a firearm part,"
Page 1, line 10, following "firearm,":
Insert "a firearm part,"
Page 1, line 13, following "firearms,":
Insert "firearm parts,"
Page 2, line 2, following "firearms,":
Insert "firearm parts,"
Page 2, line 9, following "firearm,":
Insert "a firearm part,"
Page 2, line 11, following "firearm,":
Insert "a firearm part,"
Page 2, line 15, following "firearm,":
Insert "a firearm part,"
Page 3, line 1, following "illumination":
Insert ";
(3) "firearm part" means a component of a
firearm that is essential to the basic function of a
firearm, including a component of an action or lock,
the stock, and the barrel"
REPRESENTATIVE CARPENTER objected.
4:08:12 PM
REPRESENTATIVE WRIGHT explained that Amendment 3 would insert
"firearm part" in the associated definition in the proposed
legislation. He explained that firearm parts would be required
for the proper function of a firearm.
REPRESENTATIVE C. JOHNSON asked whether the bill sponsor was
supportive of Amendment 3.
REPRESENTATIVE TILTON expressed support for the proposed
amendment, as firearm parts would be necessary for subsistence
hunting, as well as for self-protection.
REPRESENTATIVE C. JOHNSON removed his objection. There being no
further objection, Amendment 3 was adopted.
4:09:53 PM
REPRESENTATIVE WRIGHT moved to report HB 61, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE STORY objected.
4:10:20 PM
The committee took a brief at-ease.
4:10:30 PM
REPRESENTATIVE STORY spoke to her objection, opining that law
enforcement needs to be able to restrict firearm possession in
certain situations, such as emergency shelters.
4:11:01 PM
The committee took a brief at-ease.
4:11:37 PM
A roll call vote was taken. Representatives Wright, Carpenter,
C. Johnson, Allard, and Shaw voted in favor of reporting HB 61,
as amended, out of committee. Representatives Story and
Armstrong voted against it. Therefore, CSHB 61(STA) was
reported out of the House State Affairs Standing Committee by a
vote of 5-2.
4:12:24 PM
The committee took a brief at-ease.
4:12:47 PM
CHAIR SHAW noted that Legislative Legal Services was authorized
to make any necessary technical and conforming changes to CSHB
61(STA).
4:13:19 PM
The committee took an at-ease from 4:13 p.m. to 4:18 p.m.
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
4:18:21 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 116, "An Act relating to appropriations from the
restorative justice account."
4:18:51 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, as
prime sponsor, presented HB 116. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 116 reorganizes the percentages of the
funds that pass through the Restorative Justice
Account that fund nonprofit organizations through the
Council on Domestic Violence and Sexual Assault
(CDVSA) for services for victims and domestic violence
and sexual assault programs. This legislation changes
the share of the funds that are currently set out in
AS 43.22.048(b), reversing the share for CDVSA and the
Department of Corrections.
In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition. There is
no better way to assist victims of domestic violence
and sexual assault in getting their lives back
together after this type of assault and victimization,
than to put our state resources into caring for those
victims, as well as into prevention and intervention
programs to reduce the number of these crimes from
occurring in the first place. Since the fund was
established, it transitioned from mainly assisting
crime victims to paying for inmate healthcare. More
recently, it has been used by the Department to pay
for institutions, which was not the intention of the
fund.
HB 116 will ensure that the intent is upheld,
specifically for victims of domestic violence and
sexual assault, one of the worst types of
victimization possible. It will reverse the
percentages allowed under current statute for CDVSA
(from 1-3% to 79-88%) and for the Department of
Corrections (from 79-88% to 1-3%), to reinforce
Alaska's commitment to reducing our abysmal rate of
these crimes through prevention and intervention
programs, as well as stabilize the funding source for
shelters throughout the state. I respectfully request
the support of my colleagues on HB 116.
4:22:50 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, directed attention to a PowerPoint
presentation on HB 116 [included in the committee packet], on
behalf of Representative Coulombe, prime sponsor. She
highlighted the legislative intent on slide 2, which is to
increase prevention and intervention programs and aid to victims
of domestic violence and sexual assault through the Restorative
Justice Account. She detailed the Restorative Justice Account
on slide 3, which read as follows [original punctuation
provided]:
upsilon In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition.
upsilon Since the fund was established, it transitioned from
mainly assisting crime victims to paying for inmate
healthcare. More recently, it has been used by the
Department to pay for institutions, which was not the
intention of the fund.
upsilon There is no better way to assist victims of domestic
violence and sexual assault in getting their lives
back together after this type of assault and
victimization, than to put our state resources into
caring for those victims, as well as into prevention
and intervention programs to reduce the number of
these crimes from occurring in the first place.
4:24:50 PM
REPRESENTATIVE COULOMBE noted that [the Restorative Justice
Account] is composed of permanent fund dividends (PFDs) revoked
from felons, and this is why the fund fluctuates each year.
MS. MORLEDGE expounded, pointing out that the fund's balance had
increased this year because [the 2022] dividend was large. She
resumed the presentation on slide 4, reporting that per the
Alaska Victimization Survey, 57.7 percent of adult women in
Alaska have experienced domestic violence or sexual violence
throughout their lifetime.
4:26:13 PM
MS. MORLEDGE outlined the current Restorative Justice Account
funding prioritization on slide 5, which read as follows
[original punctuation provided]:
The legislature may appropriate amounts from the
account to the following recipients in the priority
order and percentages listed:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
1-3% to nonprofit organizations to provide grants for
services for victims of domestic violence and sexual
assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
79-88% to the Department of Corrections for costs
related to incarceration or probation.
4:27:33 PM
MS. MORLEDGE proceeded to slide 6, which listed the allocation
proposal under HB 116, as follows [original punctuation
provided]:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
79-88% to nonprofit organizations to provide grants
for services for victims of domestic violence and
sexual assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
1-3% to the Department of Corrections for costs
related to incarceration or probation.
4:27:55 PM
MS. MORLEDGE advanced to slide 7, which provided a five-year
look back of the Restorative Justice Account. She pointed out
that slide 8 offered a fiscal lookback from fiscal year 2012 (FY
12) to FY 24. She recalled that House Bill 216 [passed during
the Thirtieth Alaska State Legislature] had created the current
prioritization and percentage levels.
4:29:12 PM
MS. MORLEDGE concluded on slide 9, which read as follows
[original punctuation provided]:
HB 116 will ensure that the intent of the restorative
justice account is upheld, specifically for victims of
domestic violence and sexual assault, one of the worst
types of victimization possible.
It will reverse the percentages allowed under current
statute for CDVSA (from 1-3% to 79-88%) and for the
Department of Corrections (from 79-88% to 1-3%).
This will reinforce Alaska's commitment to reducing
our abysmal rate of these crimes through prevention
and intervention programs, as well as stabilize the
funding source for shelters throughout the state.
4:29:54 PM
REPRESENTATIVE ARMSTRONG thanked Representative Coulombe for
bringing forward such a creative and compassionate piece of
legislation that would have an immediate impact on many lives.
4:30:10 PM
REPRESENTATIVE STORY expressed her excitement about the bill.
Nonetheless, she asked why mental health and substance abuse
treatment for offenders was not prioritized in the bill.
REPRESENTATIVE COULOMBE explained that she had considered moving
percentages around, eventually deciding on "keeping it simple"
by swapping only the percentages of fund allocation belonging to
Department of Corrections (DOC) costs "related to incarceration
or probation" [at 79-88 percent currently] and "nonprofit
organizations to provide grants for services for victims of
domestic violence and sexual assault" [at 1-3 percent
currently]. She expressed the desire to keep the focus on
victims, and she described it as a victim's restoration fund.
She noted that DOC offered a perpetrator rehabilitation service
executed by the Council on Domestic Violence and Sexual Assault
(CDVSA).
4:32:07 PM
DIANE CASTO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), said she was available to answer any
questions on the bill's impact and the [CDVSA's] current budget.
4:33:16 PM
REPRESENTATIVE CARPENTER requested a high-level picture of how
the money would be spent.
MS. CASTO acknowledged that rates [of domestic violence] were
not decreasing in Alaska. She opined that without a good
distribution of money across a comprehensive approach to an
issue, results would be less than optimal. She described the
council's current funding structure, which is a combination of
state and federal funding, with a small amount of inter-agency
receipts from DOC for the perpetrator rehabilitation program.
She stated that 90 percent of the council's budget goes to
victims' services, such as emergency shelter programs for
individuals in immediate danger; 8 percent of funding goes
towards prevention programs; and 2 percent of funding goes
towards perpetrator rehabilitation. She suggested using the
proposed funding to increase victims' service programs and
expand programming to help victims and survivors move forward.
Additionally, she suggested allocating "significant" money
towards prevention and early intervention. She concluded by
discussing her vision for an 18-month perpetrator rehabilitation
work group. She opined that program funding and implementation
needs a better balance, adding that the council is currently
"treading water" due to existing appropriation structures.
4:38:18 PM
REPRESENTATIVE CARPENTER shared his belief that the word
"programming" is meaningless without results. He suggested that
this conversation be continued one year from now using results-
driven data.
4:39:06 PM
REPRESENTATIVE C. JOHNSON shared his understanding that
[domestic violence] has been a generational problem. He asked
whether there is anything in the system to address or break the
cycle of generational trauma.
MS. CASTO expressed agreement, highlighting the high Adverse
Childhood Experiences (ACEs) scores among perpetrators. She
emphasized the importance of providing services to children who
have witnessed abuse.
REPRESENTATIVE C. JOHNSON, from Ms. Casto's answer, discerned
that there is no program in place to address generational trauma
in children.
MS. CASTO clarified that programs are available, such as mental
health services to treat and counsel children and youth who had
experienced violence. She explained that the council
collaborates with the Alaska Network on Domestic Violence and
Sexual Assault (ANDVSA), the Department of Health (DOH), and
other agencies to develop and create programming for young
people. Nonetheless, she highlighted that the "tracking" of
young people as a difficulty.
4:46:05 PM
REPRESENTATIVE STORY reflected on existing family support
programs, such as teaching the cycle of violence in parenting
groups. She asked Ms. Casto to list the programs that are
currently available.
MS. CASTO clarified the services are offered by community-based
agencies, which in turn, are funded by CDVSA. She added that
the Office of Children's Services (OCS) offers many of the
family-focused programs. She opined that more support is needed
to change the behaviors of families struggling with violence.
4:49:37 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, explained that the ANDVSA
represents the 24 member programs funded by CDVSA. She noted
that without the one-time incremental federal COVID-19 dollars
and the appropriation from U.S. Senator Lisa Murkowski's office,
ANDVSA would be looking at a $7.5 million shortfall next year.
She emphasized the importance of shelters and rape crisis
centers for emergency services. She reported that a lack of
capacity within these programs is creating limitations in terms
of access to services. The most requested services, she said,
according to CDVSA, are emergency shelters and individual
advocacy. Furthermore, Child Advocacy Centers (CACs) have
provided 472 children under the age of 18 who are victims of
sexual or physical abuse a safe place to undergo the interview
process. She concluded by highlighting the critical nature of
the services funded by the council. She requested the ability
to serve victims on the same level as the rest of the criminal
justice system.
4:53:39 PM
CHAIR SHAW opened public testimony on HB 116.
4:54:06 PM
ERICK CORDERO, representing self, recalled that the original
intent of the [Restorative Justice Account] was to restore crime
victims to a pre-offense status. He noted that Alaska has
continued to be the state with the highest number of domestic
violence and sexual assault cases, and this is in addition to
child abuse and neglect. He reported that at its height, 98
percent of the fund was going towards inmate healthcare instead
of fulfilling the original intent of helping victims. He
expressed support for the bill, emphasizing the importance of
CDVSA and ANDVSA.
4:56:31 PM
CHAIR SHAW, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 116. He
invited additional comments from the bill sponsor.
4:56:50 PM
REPRESENTATIVE COULOMBE reported that Commissioner Winkelman,
DOC, is aware and supportive of the proposed legislation.
Additionally, she expressed the intent to implement performance
goals and metrics to ensure that the money would go towards
things that "were moving the needle." She expressed the
intention to follow up with Commissioner James Cockrell,
Department of Public Safety, to ensure the fund had been making
a difference.
4:59:12 PM
REPRESENTATIVE STORY pointed out that [April] is the National
Child Abuse Prevention Month and expressed her appreciation for
the bill.
CHAIR SHAW announced that HB 116 was held over.
4:59:51 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at [4:59]
p.m.