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
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Testified as Commissioner Designee to the
Department of Corrections.
DON HABEGER, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Designee Winkelman's appointment.
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, as the prime sponsor.
STEVE ST. CLAIR, Staff
Representative Cathy Tilton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
61, on behalf of Representative Tilton, prime sponsor.
REPRESENTATIVE JULIE COULOMBE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 116, as the prime sponsor.
EDRA MORLEDGE, Staff
Representative Julie Coulombe
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation on HB
116, on behalf of Representative Coulombe, prime sponsor.
DIANE CASTO, Executive Director
Council on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
116.
BRENDA STANFILL, Executive Director
Alaska Network on Domestic Violence and Sexual Assault
Juneau, Alaska
POSITION STATEMENT: Offered invited testimony during the
hearing on HB 116.
ERICK CORDERO, 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
confirmation hearings.
3:05:31 PM
SARA POSSENTI, Appointee, State Board of Parole, provided an
overview of her background and qualifications, citing her 12
years of experience on the State Board of Parole. As this 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 her 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, Department of
Corrections (DOC), paraphrased the following written remarks
[original punctuation provided]:
• Good afternoon to the members of House State Affairs
Committee. For the record My name is Jen Winkelman. As
mentioned, I am proudly here as the Commissioner-
designee for the Department of Corrections.
• I know you are in receipt of my resume and I have
had the great fortune of visiting with several of you
in your office, prior to today.
• Little about myself?I am a 4th generation Alaskan. I
was born and raised in Fairbanks. My paternal
grandparents homesteaded on Chena Hot Springs Road. A
fun fact- my great grandma was born in Chicken,
Alaska. I graduated from the University of Alaska
Fairbanks with a degree in Justice and Paralegal
Studies. I thought I would continue on to law school
or graduate school for Chemistry. At one point, I
wanted to be an attorney or work in a crime lab.
• During my final days in college, I participated in
an internship in the Fairbanks District Attorney's
office and had the privilege of learning about the
work Probation/Parole Officers do. I was intrigued by
the ability to wear two hats in one job. One was that
of a social worker and the other was that of a public
safety officer. I was fortunate enough to be hired on
as PO a little over 22 years ago. By trade I would
call myself a Probation and Parole Officer. I started
as an entry level Probation Officer and wrote
presentence reports for the 4th Judicial District and
have worked my way through the ranks of this wonderful
career.
• While in the field, I have covered and supervised
offices from our northernmost office in
Barrow/Utigavik to our southernmost office in
Ketchikan. I have also worked for the Division of
Institutions, inside Fairbanks and Palmer. Not only
did this give me experience working the toughest beat
inside our facilities, it gave me
experience working with both unsentenced and sentenced
inmates.
• In 2016, my family and I relocated to Juneau when I
accepted a position as the Chief Probation Officer of
Region 2. The region consisted of Fairbanks, Western
Alaska, Northern Alaska as well as Southeast. I feel
strongly this position gave me a very unique and
special view of Corrections across the state. I am
familiar with the strengths and struggles,
particularly as they pertain to Corrections, across
the state and how they differ from one area to the
next.
• In 2018, then Commissioner Dahlstrom trusted me to
run the Division of Pretrial, Probation and Parole and
I was appointed into the Director position. I held
that position until being presented this current
opportunity by Governor Dunleavy. When the Governor
asked me to step
into the Commissioner role, it was an incredibly easy
yes for a couple of different reasons, but I would say
that the most significant factor was the support that
the Governor and the Legislature has given to the
Department and our staff.
• My husband of 13 years, Ron, is in the room today.
He is Alaska Native, an Athabascan Indian born in the
village of Shageluk on the Inoko River. He is
absolutely my biggest supporter. He retired in 2016,
after 30 years with the Department of Corrections. He
worked as both a Correctional and Probation Officer.
We get a couple of raised eyebrows when our children
tell their friends that their mom and dad met in jail.
We have 2 beautiful school age boys who love soccer,
baseball, skiing/snowboarding and we live in Juneau,
so of course, fishing!
• A little more about me, I value developing and
building relationships. With staff, outside agencies,
the Legislature, and of course those in our care and
custody. My experience across the state has led me
figuring out how to work together with whatever
resources might be available. Very early on in my
career a colleague shared with me that we are in the
relationship business and that is something I have
never forgotten. We cannot work Corrections alone or
in a silo. It takes a team.
• Another value I bring to this position is that I am
naturally a problem solver. I like to think outside
the box for solutions. During my career I have managed
a caseload of felony offenders. I am not afraid to
tackle tough, sensitive situations when a decision
needs to be made. This may mean making an arrest or
removing someone from their home to help a victim or a
child. On the flip side I may be working with someone
who has hit rock bottom and I would
make the decision to refer them to treatment instead
of taking them to jail. These type of decisions I
never made lightly. I have been fair and impartial in
making decisions. I consider facts and successfully
formulate decisions based on the big picture and
ultimately the safety of our community. These are
skills critical for the Commissioner of Corrections.
• Before I go into my goals, I would like to mention
something I appreciated Senator Claman sharing years
ago. These are my words, so I hope I am reflecting
your sentiment accurately. You acknowledged that long
range vision for Corrections is really important and
the changes from one administration to the next makes
it difficult for the Commissioner of Corrections to do
their job. Having been a staff member of DOC through
several different administrations, pendulum shifts of
being tough on crime, easier on crime, putting money
into
programming, cutting programming, I could not agree
more that the job demands a long vision, and the
position is an imperative part of public safety. I
will also take the opportunity to say on the record
that reentry has to be considered just as much a part
of public safety as incarceration.
• You have likely heard me talk about my 3 goals or
vision for the Department in various meetings. I would
like to share them here on the record.
1. Health and Well Being of staff. Starts with
shifting a culture so there is nobility in the
profession of Corrections, no matter where you work in
the Department. Kitchen, Maintenance, Admin, Medical,
to our officers. Giving staff a sense of purpose and
having them recognize they are part of something
bigger. Healthier staff will have a greater impact on
those in our care. Providing training and promotable
opportunities
once staff are on board is critical to job
satisfaction. We have 24 hour jobs, having the ability
to be flexible in our work day or schedule helps
promote wellness.
2. My second goal is that those who enter our system,
leave us better than they came to us. Ive been doing
this long enough to know I am not going to save the
world. There are some dangerous individuals in our
care that because they are there, we are safer. But
for those releasing, making sure they release better
than they came to us is important. It may mean a
shower, sober for a few days?. Or maybe they are
reunited with kids or a GED.
3. Finally, as cliché as it sounds?.do the same thing
you get the same result. We need to be using
resources, technology and best practices to do
business differently. The hope is this will drive down
recidivism. This might be as simple as
examining current old practices and upgrading
assessments to implementing tablets to help with
everything from programming to visitation.
• In closing, I just want to say it is an absolute
honor and a privilege to serve the Department and
those in our care and custody. To echo some of the
words of Chief Justice Winfree in his state of the
judiciary comments, I am just a kid from Fairbanks who
had a dream to someday be in a position to make
important decisions and effect the well being of
others. I have been honored to do just that as a
Probation/Parole Officer for most of my career. To my
delight and surprise I now find myself with an
opportunity to head the Department I love. I am
committed to giving it all I have to give for not only
the 2100 employees, the nearly 11,000 in our care and
custody? but for all Alaskans.
Thank you again for your time and support today and I
am happy to answer questions.
3:40:37 PM
REPRESENTATIVE ARMSTRONG requested concrete examples of how the
department is helping inmates leave the facilities better than
they entered.
COMMISSIONER DESIGNEE 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 DESIGNEE 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 DESIGNEE 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 DESIGNEE 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 DESIGNEE 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 Designee
Winkelman's appointment.
3:49:34 PM
DON HABEGER, Community Coordinator, Juneau Reentry Coalition,
expressed his support for the appointment of Commissioner
Designee Winkelman. He recounted positive experiences working
with Commissioner Designee 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 moved to advance the confirmation of Jennifer
Winkelman, Commissioner Designee for the Department of
Corrections, and Sara Possenti to the State Board of Parole, to
the joint session of the House and Senate for consideration. He
reminded members that signing the reports regarding appointment
to boards and commissions in no way would reflect individual
members' approval or disapproval of the appointees, and the
nominations would merely be forwarded to the full legislature
for confirmation or rejection. There being no objection, the
confirmations were advanced.
3:52:47 PM
The committee took an at-ease from 3:52 p.m. to 3:59 p.m.
HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS
3:59:31 PM
CHAIR SHAW announced that the next order of business would be
HOUSE BILL NO. 61, "An Act relating to restrictions on firearms
and other weapons."
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 an at-ease from 4:03 p.m. to 4:04 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 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, 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, prime
sponsor, introduced HB 116. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 116 reorganizes the percentages of the
funds that pass through the Restorative Justice
Account that fund nonprofit organizations through the
Council on Domestic Violence and Sexual Assault
(CDVSA) for services for victims and domestic violence
and sexual assault programs. This legislation changes
the share of the funds that are currently set out in
AS 43.22.048(b), reversing the share for CDVSA and the
Department of Corrections.
In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition. There is
no better way to assist victims of domestic violence
and sexual assault in getting their lives back
together after this type of assault and victimization,
than to put our state resources into caring for those
victims, as well as into prevention and intervention
programs to reduce the number of these crimes from
occurring in the first place. Since the fund was
established, it transitioned from mainly assisting
crime victims to paying for inmate healthcare. More
recently, it has been used by the Department to pay
for institutions, which was not the intention of the
fund.
HB 116 will ensure that the intent is upheld,
specifically for victims of domestic violence and
sexual assault, one of the worst types of
victimization possible. It will reverse the
percentages allowed under current statute for CDVSA
(from 1-3% to 79-88%) and for the Department of
Corrections (from 79-88% to 1-3%), to reinforce
Alaska's commitment to reducing our abysmal rate of
these crimes through prevention and intervention
programs, as well as stabilize the funding source for
shelters throughout the state. I respectfully request
the support of my colleagues on HB 116.
4:22:50 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, directed attention to a PowerPoint
presentation on HB 116 [included in the committee packet], on
behalf of Representative Coulombe, prime sponsor. She
highlighted the legislative intent on slide 2, which 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 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
"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 Designee
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.