Legislature(2001 - 2002)
03/14/2001 09:12 AM Senate FIN
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
March 14, 2001
9:12 AM
TAPES
SFC-01 # 39, Side A
SFC 01 # 39, Side B
SFC 01 # 40, Side A
CALL TO ORDER
Co-Chair Dave Donley convened the meeting at approximately 9:12 AM.
PRESENT
Senator Dave Donley, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Jerry Ward, Vice Chair
Senator Loren Leman
Senator Gary Wilken
Senator Alan Austerman
Senator Lyman Hoffman
Senator Donald Olson
Also Attending: SENATOR RICK HALFORD; SENATOR RANDY PHILLIPS; DAN
SPENCER, Director, Division of Administrative Services, Department
of Administration; DEL SMITH, Deputy Commissioner, Department of
Public Safety; CANDACE BROWERS, Program Coordinator, Department of
Corrections
Attending via Teleconference: From Anchorage: ROBERT BUTTCANE,
Legislative and Administrative Liaison, Division of Juvenile
Justice, Department of Health and Social Services; GEORGE TAFT,
Director, Scientific Crime Detection Laboratory; JENNIFER RUDINGER,
Executive Director, Alaska Civil Liberties Union; From Bethel: JOAN
HAMILTON; DEAN GUANELI, Assistant Attorney General, Legal Services
Section, Criminal Division, Department of Law; CANDACE BROWERS,
Program Coordinator, Department of Corrections
SUMMARY INFORMATION
HB 117-SUPPLEMENTAL APPROPRIATIONS: FAST TRACK
The Committee adopted a committee substitute, considered three
amendments but adopted none. The bill reported from Committee.
SB 99-DNA REGISTRATION OF BURGLARS
The Committee heard from the sponsor, the Department of Health and
Social Services, the Department of Public Safety, the Alaska Civil
Liberties Union and other interested parties. The Committee adopted
a fiscal note and the bill was reported from Committee.
SB 105-VICTIMS' RIGHTS/ PRISONER'S PFD
The Committee heard from the sponsor, the Department of Law and the
Department of Corrections. Three amendments were adopted and the
bill was reported from Committee.
SB 93-ARCTIC WINTER GAMES TEAM ALASKA TRUST
The Committee adopted a committee substitute and the bill was
reported from Committee.
CS FOR HOUSE BILL NO. 117(FIN) am
"An Act making supplemental and other appropriations; and
providing for an effective date."
Co-Chair Donley detailed the changes in a new proposed committee
substitute, Version "X". He noted that changes made at the previous
hearing for this bill are incorporated into the proposed committee
substitute. In addition he listed.
Section 12(a), (b) and (c) - Change the effective dates of
several appropriations including Section 12(a), (b) and (c) to
the year 2002, at the request of the Administration. This is
consistent with other appropriations.
Section 10(b) - Added $43,000 at the request of Co-Chair Kelly
to address an emergency relating to clothing at the Youth
Corps program at the Alaska Military Academy.
Section 14(e) - Gives authorization to accept $422,000 federal
funds as a grant through the Department of Transportation and
Public Facilities for Fairbanks Downtown Transit and Cultural
Integration Planning at the request of Senator Wilken. No
general funds are involved in this item. This is to address
the requirements of the federal Clean Air Act and is necessary
to continue receiving federal highway funds.
Co-Chair Kelly moved to adopt 22-GH1085\X as a working draft. There
was no objection and it was ADOPTED.
Amendment #7: This amendment makes the following changes to the
previous committee substitute.
Delete:
Section 4 Department of Environmental Conservation
$26,000 general funds for temporary personnel
Section 5 (d) Department of Fish and Game
$43,900 general funds for temporary personnel
Section 8(b) Department of Law
$150,000 general funds for legal services
Section 11 (a) Department of Natural Resources
$75,000 general funds for gas royalty study
Section 11 (b) Department of Natural Resources
$30,000 general funds for gas pipeline supply-side study
Section 11 (c) Department of Natural Resources
$50,000 general funds for Alaska North Slope gas sales
(reservoir studies)
Section 11 (f) Department of Natural Resources
$293,600 general funds for State Pipeline Coordinator's
Office
Section 12 (c) Department of Revenue
$25,000 general funds for study of state's fiscal regime
for ANS gas development
Total $693,500 general funds
Insert:
Add a new bill section to read:
Sec.__. DEPARTMENT OF NATURAL RESOURCES. The sum of
$693,500 is appropriated from the general fund to the
Department of Natural Resources for gas pipeline development
and related activities for the fiscal years ending June 30,
2001 and June 30, 2002.
Senator Hoffman moved for adoption and noted necessary technical
changes are necessary to conform to the committee substitute,
Version "X".
Senator Ward objected to adoption of the amendment.
Senator Hoffman remarked that the amendment gives the
Administration flexibility and that the amount does not change. He
reminded the members of an appropriation Arctic Power approved the
day prior that gives the organization flexibility to expend the
funds in the best manner to secure a natural gas pipeline in
Alaska.
Senator Ward spoke to his objection stating that he wants the money
to be spent exactly as stipulated in the committee substitute. He
surmised that the governor has the same intentions to spend the
funds to directly promote the gas line project.
Senator Hoffman countered by comparing this project to that of
building a house. He stated that although the floor plan is
established beforehand, changes are inevitable and the "customer"
should have the ability to make those changes.
Senator Ward maintained his objection.
Senator Olson acknowledged the large amount of funds in question
and understood Senator Ward's reservations, but agreed with Senator
Hoffman that flexibility must be maintained.
A roll call was taken on the motion.
IN FAVOR: Senator Hoffman and Senator Olson
OPPOSED: Senator Austerman, Senator Leman, Senator Ward, Senator
Wilken, Co-Chair Kelly and Co-Chair Donley
ABSENT: Senator Green
The motion FAILED (2-6-1)
The amendment FAILED to be adopted.
Amendment #8: This amendment makes the following changes to the
committee substitute.
Delete:
Section 11 (a) Department of Natural Resources
$75,000 general funds for gas royalty study
Section 11 (b) Department of Natural Resources
$$30,000 general funds for gas pipeline supply-side study
Section 11 (c) Department of Natural Resources
$50,000 general funds for Alaska North Slope gas sales
(reservoir studies)
Section 11 (f) Department of Natural Resources
$293,600 general funds for State Pipeline Coordinator's
Office
Total $448,600 general funds
Insert:
Add a new bill section to read:
Sec.__.DEPARTMENT OF NATURAL RESOURCES. The sum of
$448,600 is appropriated from the general fund to the
Department of Natural Resources for gas pipeline development
and related activities for the fiscal years ending June 30,
2001 and June 30, 2002.
Senator Olson moved for adoption.
Senator Ward objected.
Senator Olson again addressed the need for flexibility.
Senator Ward agreed that a certain amount of flexibility is
necessary, but thought that there was adequate flexibility in the
existing structure.
Co-Chair Donley pointed out concerns raised over the governor
naming the task force the Alaska Highway Gas Line Task Force, which
appears to establish the route of the proposed pipeline. On the
contrary, Co-Chair Donley asserted, the majority of Alaskans prefer
an Alaska route. He added that this item is included in the fast
track supplemental and that the issue would arise again in the
regular supplemental. He stressed that the most urgent issues
should be addressed with the fast track. He noted that the governor
has a $400,000 contingency fund, which could be used towards
portions of the project if a need arose that did not fit the
criteria set forth in the committee substitute.
Senator Hoffman granted that the governor does have the contingency
fund, but noted that this amendment does not request additional
funds, only to give the flexibility to the funds provided.
Senator Wilken understood and appreciated the request for
flexibility, but stated, "The timing is bothering me." He explained
this is because of the allocation the Committee approved for Arctic
Power the day prior. He stressed he wanted the funds from this
amendment to be "targeted" to the state agencies as requested by
the agencies.
Senator Hoffman also supported the efforts of the past month but
stressed there is no guarantee there would not be changes after the
committee substitute is passed.
A roll call was taken on the motion.
IN FAVOR: Senator Hoffman and Senator Olson
OPPOSED: Senator Wilken, Senator Austerman, Senator Leman, Senator
Ward, Co-Chair Kelly and Co-Chair Donley
ABSENT: Senator Green
The motion FAILED (2-6-1)
The amendment FAILED to be adopted.
Amendment #9: This amendment changes Section 1 of the committee
substitute to read as follows.
Section 1. DEPARTMENT OF ADMINISTRATION. The sum of
$195,000 [$100,000] is appropriated from the general fund to
the Department of Administration, division of Alaska longevity
programs, pioneers homes, for increased costs for nurses [and
nurse's assistants] for the fiscal year ending June 30, 2001.
Senator Olson moved for adoption.
Senator Ward objected.
Senator Olson relayed his experience as a physician regarding the
need for qualified nursing staff in the Pioneers' Homes.
Senator Austerman objected to the $100,000 already appropriated,
saying that he thought it poor policy for the legislature to agree
to fund salary increases that the Administration contracted without
consulting the legislature first. He admitted that the budget cuts
over the past five years "got ourselves into this".
Senator Hoffman stated that the intent is to provide services in
the facilities and that the state is having difficulty recruiting
and retaining nurses. He stressed that the field is competitive and
that the Pioneers' Homes are loosing staff. He suggested that to
deny this request due to the five-year budget philosophy would not
alleviate the problem.
Senator Austerman did not disagree that nurses should receive a pay
increase. However, he stressed this should be done as part of the
regular budget process.
Co-Chair Kelly remarked that the regular budget cycle is the
appropriate process to address this issue, and he anticipated it
would receive support at that time.
Senator Olson hoped that the Committee, as a responsible body,
would act as such, given that many members might someday become
residents of the Pioneers' Homes. He spoke to the shortage of
doctors and nurses in rural Alaska.
Co-Chair Donley stated, "This issue is really about pay raises." He
detailed the governor's supplemental budget request for funds to
pay for the pay increases the Department of Administration granted
these employees without prior approval from the legislature. He
asserted this action equated to "very extraordinary circumstances."
He noted that when discussing the matter with the department, he
learned that when comparing state salaries to private sector
salaries, the department had not taken benefit packages into
account. While he expressed that he does support the pay raises for
nurses, he opposed the Administration's method in this instance. He
assured that the matter would again be addressed during the regular
budget cycle. He took Senator Olson's observations to heart.
Co-Chair Donley noted that the provision allowing the funds to be
spent on nurses' assistants is not a requirement, but an option to
give flexibility for those duties that could be performed by an
assistant. He pointed out that sometimes nurses are required to
perform some duties for which they are overqualified. He stated
these funds could be used to increase nurses' salaries or hire
additional nurses. He understood the requested amount is the entire
amount needed if all of the existing vacancies were filled.
Co-Chair Donley stated that although the pay raises were necessary,
he did not think the manner in which they were granted are
appropriate. He wanted to send the message that the actions of the
Administration must be "discouraged"
Senator Hoffman requested to hear from the Administration as to the
seriousness of the immediate need.
DAN SPENCER, Director, Division of Administrative Services,
Department of Administration, clarified that the raise is already
being paid to the nurses and that the increased wage would be paid
to all new hires as well. He warned that if this request were not
granted, some of the vacant positions would have to be held open.
Senator Ward asked if an option of contracting out nursing services
was considered before the decision was made to grant the pay raise.
Mr. Spencer responded that this practice is not employed in the
Pioneers' Homes, except for some on-call positions. These
positions, he described as qualified nurses available for work on
short notice.
Senator Ward asked if some services are currently outsourced.
Mr. Spencer affirmed and again told of the on-call part-time
positions that do not include benefits.
Senator Ward asked if any consideration was given to the option of
contracting out additional services at a higher salary but without
benefits.
Mr. Spencer responded that it was not.
Senator Ward suggested the department do so.
Mr. Spencer understood the point, but noted that approximately half
of the on-call positions are vacant.
Senator Ward suggested that if the funds could be put toward
funding the outsourced services without providing benefits, the
state could become competitive.
Co-Chair Donley pointed out that the appropriation gives $100,000
and that the estimated cost of the increase is $43,000 per month,
which would be adequate for the remainder of the fiscal year.
Co-Chair Kelly stressed that the situation is not critical given
that the matter would be addressed again before the end of the
session. Meanwhile, he assured, no staff would go without pay or
would be laid off. In addition, he noted that the state would still
be competitive because the raises have been granted.
A roll call was taken on the motion.
IN FAVOR: Senator Olson and Senator Hoffman
OPPOSED: Senator Leman, Senator Ward, Senator Wilken, Senator
Austerman, Co-Chair Kelly and Co-Chair Donley
ABSENT: Senator Green
The motion FAILED (2-6-1)
The amendment FAILED to be adopted.
Co-Chair Kelly offered a motion to move SCS CS HB 117 (FIN), 22-
GH1085\X, from Committee.
There was no objection and the bill MOVED from Committee.
Co-Chair Donley thanked George Utermohle of the Division of Legal
and Research Services and drafter of HB 117, for his efforts.
AT EASE 9:50 AM / 10:03 AM
[Note: Portion of audio tape is blank as tape machine was not
turned off.]
SFC 01 # 39, Side B 10:03 AM
Co-Chair Kelly chaired the remainder of the meeting.
SENATE BILL NO. 99
"An Act relating to the DNA identification registration
system."
This was the first hearing for this bill in the Senate Finance
Committee.
SENATOR RICK HALFORD testified that this legislation expands the
DNA database to include DNA samples of burglars. He noted other
states have done this and have found a significant increase in
cross-referencing matches and the value of the database in further
convictions.
Senator Halford qualified he is reluctant to support the further
computer classification of people. However, once a person becomes
part of the criminal justice system, he surmised that person has
given away a great deal of their privacy rights. He pointed out
there is a correlation between burglary and "the next level of
crimes."
Senator Halford reiterated the intent of this legislation is to
update, upgrade and increase the number of convictions using the
DNA system.
Co-Chair Kelly added he learned from the writings of John Douglas,
the original Federal Bureau of Investigations (FBI) profiler who
also started the Bureau's Special Crimes Unit, that almost every
serial murderer has burglary in their background. Co-Chair Kelly
stated there is something about the crime of burglary that is a
gateway to more heinous crimes.
Senator Austerman noted the current 12-month backlog of work for
the state crime laboratory and asked why there was no fiscal note
cost associated with this legislation considering the extra work it
would create.
Senator Halford suggested the Committee ask the Department of
Public Safety for an estimate of the cost to implement this
legislation.
Co-Chair Kelly agreed.
ROBERT BUTTCANE, Legislative and Administrative Liaison, Division
of Juvenile Justice, Department of Health and Social Services,
testified via teleconference from Anchorage in support of the bill.
He stated that the division perceives burglary as a "gateway
crime". He noted the division has processes in place to collect DNA
samples and transmit them to the state laboratory.
GEORGE TAFT, Director, Scientific Crime Detection Laboratory,
testified via teleconference from Anchorage to inform that the
department would receive federal funding to cover the cost
increase.
JENNIFER RUDINGER, Executive Director, Alaska Civil Liberties
Union, testified via teleconference from Anchorage in opposition to
the bill. She referenced written testimony she had submitted. [Copy
on file.] She stressed that the Alaska Civil Liberties Union (ACLU)
does not oppose technology, but noted that fingerprinting only
gives identification information, while DNA gives the government
much more information. She pointed out the high value Alaskans
place on privacy, noting there is a privacy clause in the state
constitution. She assured that the ACLU position is not that DNA
sampling should never be used, but only that it is used when
justified, which she stated does not include identifying those who
may become more serious offenders in the future. She noted the
difference between crimes against property and those against
persons. She cited a newspaper article that claims the recidivism
rate for burglars is only 15 percent. She stated this does not
demonstrate an adequate need to justify the means. She spoke to a
house bill that goes even further and provides the collection of
DNA samples for relatives of missing persons. She did not doubt
that Senator Halford and Representative Murkowski have good
intentions but that the ACLU is concerned with setting a precedent
of retaining personal data that would provide more and more
information as technology continues to advance.
JOAN HAMILTON, testified via teleconference from Bethel, that this
legislation reminds her of the sentiments of the 1950s and 1960s
when the Natives were considered genetically and intellectually
inferior. She spoke of the high percentage of Natives in the Alaska
prison system. She suggested further investigation of the
correlation between burglary and other, more violent crimes. She
asserted she is opposed to this bill and suggested that although
burglary may be considered a gateway crime in the Lower 48, it is
not necessarily so in Alaska.
DEL SMITH, Deputy Commissioner, Department of Public Safety
responded to Senator Austerman's question regarding the cost of the
services. He explained an increment in the proposed FY 02 operating
budget addresses evidence collected at crime scenes and processed
to compare against the DNA database. He shared the department was
successful in receiving federal funding for the next several years
to address a backlog of DNA processing. He noted the department has
contracted with a private laboratory to perform this work, which he
said is a better use of funds then outsourcing crime scene data
collection.
Senator Ward asked what happens to the stored DNA information of
offenders after they have paid their debt to society.
Mr. Smith noted statutes adopted in 1996 allows collection and
retention of a DNA sample for convicted offenders except when the
conviction is reversed, in which case, the DNA information is
removed from the database. Therefore, he said the DNA information
would be retained in most cases.
Senator Ward asked if this is due to a federal requirement.
Mr. Smith responded that there is no federal requirement although
Alaska does participate in a national database. He stressed the
federal funding referenced above is intended only for the purpose
of reducing the backlog. He again referred to the 1996 state law
allowing retention of DNA information indefinitely.
Senator Leman moved to adopt the Department of Administration,
Legal and Advocacy indeterminate fiscal note dated March 9, 2001.
There was no objection and the fiscal note was ADOPTED.
Senator Leman offered a motion to move from Committee SB 99, 22-
LS0490\C, with accompanying zero fiscal note from the Department of
Public Safety, and aforementioned fiscal note from the Department
of Administration.
Without objection, the bill MOVED from Committee.
AT EASE 10:23 AM / 10:24 AM
CS FOR SENATE BILL NO. 105(JUD)
"An Act relating to victims' rights; relating to establishing
an office of victims' rights; relating to compensation of
victims of violent crimes; relating to eligibility for a
permanent fund dividend for persons convicted of and
incarcerated for certain offenses; relating to notice of
appropriations concerning victims' rights; amending Rule 16,
Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency
Rules, and Rule 501, Alaska Rules of Evidence; and providing
for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Senator Halford testified that the criminal justice system
represents virtually everyone but the victims and that the judicial
process often overwhelms victims. He referred to a ballot
initiative earlier passed by a vote of the people to give victims
of crime greater consideration in the process. As a result, he
stated there has been improvement in the treatment of victims, but
that until victims have access to the same legal assistance as
other participants, the full intent of the victim's rights law
could not be realized.
Senator Halford spoke of legislation the Senate passed in 1998 but
did not complete the legislative process to become a law. He added
that similar legislation was again passed in 1999 by both the
Senate and the House of Representatives, but was vetoed by the
governor. The legislation before the Committee, he noted is similar
as the previous attempts except the proposed Office of Victim's
Rights would operate within the legislative branch, independent
from the executive branch. He stressed that in order to provide
objective oversight of the Alaska Court System the office must be a
part of the either the executive or legislative branches.
Senator Halford expressed support for Co-Chair Donley's proposed
amendments.
DEAN GUANELI, Assistant Attorney General, Legal Services Section,
Criminal Division, Department of Law, agreed that compassionate,
fair treatment of victims is important in the justice system. He
stressed that the Criminal Division has been "in the forefront" of
this effort for over 20 years, when it implemented a paralegal
program to work with victims and witnesses and help them through
the criminal justice process. He noted this program was initially
federally funded but is currently funded with state dollars.
Mr. Guaneli testified the department provides federally funded
training for prosecutors and paralegals on how to appropriately
deal with victims in sensitive cases, such as sexual assault and
child abuse. He detailed the various training conferences held
annually.
Mr. Guaneli told of another program that uses volunteers to help
make contact with victims. He described the many schedule changes
and the difficulty for department staff to keep victims updated on
hearing and court dates. He pointed out the main reason the
department loses criminal cases is because victims fail to
cooperate or are unable to provide "good" testimony.
Mr. Guaneli then informed of brochures the department distributes,
in both English and in Native Alaskan languages, relating to crime
victim's rights, information regarding sexual assault, what
families should know about child sexual abuse, and information for
victims of domestic violence. He stressed the department is not
required to do this, but does because it helps staff do their job
and also because "it's the right thing to do." He noted this effort
is also federally funded.
Mr. Guaneli told the Committee the department is currently in
litigation defending other laws passed by the legislature that
limited "some of the abuses" of defense attorneys and defense
investigators regarding victim contact, that have occurred during
the investigative portion of criminal cases.
Mr. Guaneli summarized that the Department of Law "is doing a very
good job" in its relationship with victims. He stated that he has
listened to previous testimony from victims complaining about their
treatment in the judicial system and that he has researched these
instances. He concluded that in each case, the department did
everything it could have done to ensure the victim's rights were
guaranteed. He suggested that because these cases involved family
members of murder victims, there was significant stress and trauma
for these people during the criminal justice proceedings. He stated
that in these instances, victims often take out their frustrations
with the government agency they have the most contact with. He
recommended counseling for these victims rather then another
attorney.
Mr. Guaneli was concerned that with the passage of this
legislation, there would be an expectation that victims would have
an attorney in all cases. He stressed that even though the
jurisdiction of the proposed office is narrow in that it is limited
to felony cases and misdemeanor crimes against persons, there are
still 5,000 to 6,000 of these cases each year.
Mr. Guaneli suggested efforts could be better spent in the
collection of court ordered restitution to victims. He stressed
that the court does not enforce these orders well, that the
Department of Law has a system for collecting court-ordered fines,
and that this system could be applied to collecting victim
restitution as well.
Mr. Guaneli mentioned the governor has introduced separate
legislation dealing with victim's rights.
Co-Chair Kelly asked if this bill interferes with the governor's
bill and if it diverts funds from other victim services.
Mr. Guaneli replied this legislation would not interfere and would
not divert funds. However, he relayed testimony given to the Senate
Judiciary Committee expressed concerns that if there were limited
resources, budget reductions would be made to other programs such
as the Council on Domestic Violence and Sexual Assault (CDVSA).
Co-Chair Kelly surmised that since the proposed Office of Victim's
Rights would be a part of the Legislature's budget, he did not
think other programs would be affected.
Co-Chair Kelly was unclear why the Administration opposed the bill.
Mr. Guaneli did not oppose the legislation, but had concerns about
the costs to the public.
Co-Chair Kelly asked if there would be additional cost to the
Department of Law.
Mr. Guaneli answered there would not.
Co-Chair Kelly reminded that the governor vetoed a similar bill the
year before and asked if he would veto this legislation as well.
Mr. Guaneli could not speak for the governor, but noted concerns
with the previous legislation related to the location of the
proposed office within the Department of Law and the conflicts that
could arise because of this. He stated this has been resolved in
the current legislation.
Senator Austerman asked if this bill would result in any cost
savings to the Department of Law.
Mr. Guaneli did not anticipate any savings, but qualified it was
possible if the victims' advocate took on some functions currently
performed by the department, such as explaining the criminal
justice process to victims. He stated this could save the
department some time.
Senator Hoffman noted the concerns expressed that there would be
more cases then could be handled by the two attorneys and one
paralegal position proposed for the Office of Victims' Rights. If
this is the case, he asked how the department would prioritize the
services.
Mr. Guaneli replied that this office would not be located within
the Department of Law but rather in the legislative branch.
Co-Chair Donley asked the witness' opinion on proposed Amendment
#1.
Mr. Guaneli responded the amendment appears to change the law to
provide that defendants and defense attorneys could not comment
about victims who fail to appear to testify in a criminal
proceeding. He opined, "It is a good idea." He shared this would
prevent defense attorneys from making statements in court such as
"well the victim didn't testify so that means it must not be a very
important case." He did not think these statements would influence
a judge's decision, but that it is uncertain how it would impact a
jury's deliberation. He spoke to the courage required of some
victims to appear. He stated that this amendment does not infringe
on any constitutional rights. He supported the amendment.
CANDACE BROWERS, Legislative Liaison and Program Coordinator,
Department of Corrections, stressed that the department takes its
obligation to serve victims very seriously. She gave as examples,
victim conferences held across the state, and victim impact
classes. She explained these classes are targeted toward offenders
to attempt to make them understand the effects of their crimes on
victims as well as their own families and the community at large.
She also pointed out the department works closely with private non-
profit agencies. She told of the implementation and enhancement of
the Vine System, an electronic notification for victims.
Ms. Browers continued, informing the Committee the department has
hired a Victims Service Coordinator through a grant from through
the CDVSA, to provide sensitivity to victim's needs training
throughout the state for Department of Corrections personnel.
Ms. Browers explained the proposed Office of Victim's Rights would
be funded through the use of permanent fund dividend (PFD) funds.
She stated that this program adds another allocation tier to the
convict PFD withholdings, which she detailed, is labor intensive to
process. She pointed out a Department of Corrections fiscal note
includes an additional staff position to handle the additional
workload.
Ms. Browers reiterated Mr. Guaneli's comment that victim
restitution could be better enforced. She noted that the
withholding of PFD from convicted felons to fund the proposed
office would result in less money available for restitution, child
support, etc.
SFC 01 # 40, Side A 10:51 AM
Amendment #1: This amendment changes language in the title to read
as follows.
An Act relating to victim's rights; relating to establishing
an office of victims' rights; relating to the authority of
litigants and the court to comment on the crime victim's
choice to appear or testify in a criminal case; relating to
compensation of victims of violent crimes; relating to
eligibility for a permanent fund dividend for persons
convicted of an incarcerated for certain offenses; relating to
notice of appropriations concerning victims' rights; amending
Rules 16 and 30 Alaska Rules of Criminal Procedure, Rule 9,
Alaska Delinquency Rules, and Rule 501, Alaska Rules of
Evidence; and providing for an effective date.
This amendment also inserts a new bill section on page 2, following
line 10 of the committee substitute to read as follows.
Sec. 3. AS 12.61 is amended by adding a new section to article
2 to read:
Sec. 12.61.200. Comment not permitted. (a) The decision
of the crime victim to testify or appear at a criminal case is
not a proper subject of comment by judge or counsel.
(b) Upon request, a party against the jury might draw an
adverse inference from the failure of a crime victim to appear
or testify is entitled to an instruction that no inference may
be drawn therefrom.
This amendment also inserts a new bill section on page 15,
following line 10 of the committee substitute to read as follows.
Sec. 17. The uncodified law of the State of Alaska is amended
by adding a new section to read:
COURT RULE AMENDMENT. AS 12.61.200, added by sec. 3 of
this Act, has the effect of amending Rule 30, Alaska Rules of
Criminal Procedure, relating to instructions to the jury.
This amendment also inserts a new bill section on page 2, following
line 10 of the committee substitute to read as follows.
Sec. 19. The uncodified law of the State of Alaska is amended
by adding a new section to read:
APPLICABILITY. AS 12.61.200, added by sec. 3 of this Act,
is not intended to interfere with any constitutional rights
and applies only to the extent permitted by the United States
Constitution and the Constitution of the State of Alaska.
Co-Chair Donley noted this amendment relates to defendants "making
a big deal" over victims who do not appear in court. He shared that
he has learned that some defense attorneys are doing this. He
stressed that it requires a big effort for some victims to
participate in the judicial process.
[Note: No motion was made to adopt the amendment, no objections
were made to the amendment, and it was not declared adopted.
However, the amendment was incorporated into the final Senate
Finance Committee substitute.]
Amendment #2: This amendment increases compensation limits from
$30,000 and $50,000. The amended language on page 2 lines 11
through 21 reads as follows.
Sec. 3. AS 18.67.130(c) is amended to read:
(c) Compensation may not be awarded under this chapter in
an amount in excess of $40,000 [$25,000] per victim per
incident. However, in the case of the death of
(1) a victim who has more than one dependent
eligible for compensation, the total compensation that may be
awarded as a result of that death may note exceed $80,000;the
[$40,000 THE] board may prorate the total awarded among those
dependents according to relative need; or
(2) two or more victims in the same incident who
jointly have a dependent eligible for compensation, the total
compensation that may be awarded as a result of those deaths
may not exceed $50,000.
New Text Underlined [UNDERLINED TEXT BRACKETED]
Co-Chair Donley explained this amendment increases the inflationary
amount of money available to the victims of crime through the
Violent Crimes Compensation Board. He moved for adoption.
There was no objection and the amendment was ADOPTED.
Amendment #3: This amendment inserts a new subparagraph to AS
43.23.028(a) in Section 10 of the committee substitute. The new
language reads as follows.
(5) nonprofit victim's rights organizations for grants
for services to crime victims
Co-Chair Donley explained this amendment adds to the list of
potential uses of money the state receives from the withheld PFDs
of felons and certain misdemeanants. He stated this amendment adds
a fifth category and gives the legislature discretion to use some
of the funds as grants for nonprofit victims' rights organizations.
After asking if there was any objection to adoption of the
amendment, no objection was raised, and Co-Chair Kelly ordered the
amendment ADOPTED. [Note: There was no formal motion to adopt the
amendment.]
ROBERT BUTTCANE, Legislative and Administrative Liaison, Division
of Juvenile Justice, Department of Health and Social Services,
testified via teleconference from Anchorage about 1998 changes in
the delinquency chapter to require the department to hold juvenile
offenders accountable. He said this was intended to prevent
repeated behavior, to restore victims and communities "to
wholeness", to protect the public, to develop competency in
juveniles so they become protected.
Mr. Buttcane stated that with this change, the department shifted
from an "offender focus" system exclusively concerned with the
issues related to rehabilitation of juvenile offenders. The focus,
he remarked, broadened to incorporate public safety concerns as
well as the restoration of victims. He detailed how an informal
adjustment case could not be closed until victim restitution
concerns have been addressed.
Mr. Buttcane pointed out that victims have a right to be informed
of, and present at, any formal proceedings. He noted that although
this statute gives victims the right to testify during the
delinquency disposition phase of proceedings, increasingly courts
are allowing victims to make statements during detention, hearing
reviews as well as during parts of adjudication.
Mr. Buttcane stated that victims are a specific identified group
allowed access to information about the offenders and the
offender's parents. He pointed out that victims also receive
notification when offenders are to be released from a juvenile
institutional treatment program.
Mr. Buttcane assured that any failure by the department to ensure
victims receive the aforementioned considerations is only because
of insufficient resources. He cautioned that the creation of the
ombudsman-type office is a concern since the limited resources
occasionally result in a victim "falling through the cracks" and
this fact is already known. He stressed that this is not
intentional.
Mr. Buttcane stressed that the department's research has shown that
victims mostly want to be listened to and to have an opportunity to
tell their story. He emphasized this desire goes beyond making a
statement on the witness stand during a delinquency proceeding. He
said victims have a need for someone to fully understand and
acknowledge that they have been wronged by the act of another
person. He noted this is what probation officers and grief
counselors within the department provide and that a new group of
clients have been incorporated into the juvenile justice system.
Mr. Buttcane stressed that victim impact classes have had the most
success in getting offenders to understand the consequences of
their actions and have been most effective in rehabilitating
juvenile offenders.
Mr. Buttcane testified he supports any legislation that provides
advocacy and victim services. He added that after victims feel they
have been heard, they next want to be compensated for their loss.
He commented that any effort in getting restitution to these
victims is important.
Mr. Buttcane had specific questions about language in the bill. He
referred to the authority of the Office of Victim's Advocacy
provided in Section 5, page 5 line 28 and suggested clarification
of whether jurisdiction extends to juvenile delinquency cases. He
noted that language elsewhere in the bill speaks to juvenile
delinquency and he asserted that the same accesses and privileges
should be afforded to victims of a juvenile offense.
Mr. Buttcane then referred to page 9, line 19, relating to immunity
for the victim advocate and voiced concern that this level of
immunity could be so high that if there was abuse, that person
could not be held accountable.
Mr. Buttcane asserted the justice system is better "for having
moved victims to center stage."
Co-Chair Kelly and Mr. Buttcane established that language in some
portions of the bill explicitly outlines the inclusion of juvenile
offenders under the jurisdiction of the Office of Victim's Rights,
although it is not contained in all pertinent sections.
Co-Chair Kelly noted this technical change does not alter the
intent of the bill and could be made in the Senate Rules Committee.
Mr. Buttcane qualified the existing language could be adequate, but
requested that it be verified.
Co-Chair Kelly assured this would be done.
Co-Chair Donley offered a motion to move CS SB 105, 22-LS0219\F as
amended from Committee with a $47,000 fiscal note from the
Department of Corrections, a $63,900 fiscal note from the
Legislature and zero fiscal notes from the Department of Law and
the Department of Revenue.
Without objection the bill MOVED from Committee.
SENATE BILL NO. 93
"An Act relating to the Arctic Winter Games Team Alaska trust;
and providing for an effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
SENATOR RANDY PHILLIPS spoke to a proposed committee substitute and
noted the only changes are technical corrections made at the
request of the Department of Revenue.
Co-Chair Donley offered a motion to adopt CS SB 93, 22-LS0566\J as
a working draft.
The committee substitute was ADOPTED without objection.
Co-Chair Donley offered a motion to report CS SB 93, 22-LS0566\J
from Committee with a zero fiscal note from the Department of
Revenue.
There was no objection and the bill MOVED from Committee.
ADJOURNMENT
Co-Chair Kelly adjourned the meeting at 11:08 AM
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