Legislature(2023 - 2024)ADAMS 519
03/11/2024 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB50 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 50 | TELECONFERENCED | |
| + | HB 116 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 116
"An Act relating to appropriations from the
restorative justice account."
3:59:40 PM
REPRESENTATIVE JULIE COULOMBE, SPONSOR, thanked the
committee for hearing the bill. She introduced a PowerPoint
presentation titled "House Bill 111: Restorative Justice
Account," dated March 11, 2024 (copy on file). She provided
prepared remarks:
In 1988 the legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds be used for
the purpose of restoring victims of crime to a pre-
offense condition; however, since the criminal fund as
it was then named was established, it can be used
primarily for inmate healthcare and other costs
related to incarcerated individuals at the Department
of Corrections. In 2018, former representative Chuck
Kopp successfully reorganized the use of the criminal
fund by creating the Restorative Justice Account. The
legislation, HB 216, established the percentages
currently in statute and carved out specific
allocations for crime victims, mental health, and
substance abuse treatment for offenders in the
Department of Corrections for costs related to
incarceration.
According to the Alaska Justice Information Center,
Alaska's rate of sexual assault is three to four times
the national average and that's just reported cases.
Domestic violence and sexual assault tend to be well
under reported. Some estimates are upwards of 74
percent that are not reported.
The intent of my bill is to provide more funding to
the agencies that provide victim services and to try
to significantly move the needle on Alaska's domestic
violence and sexual assault rates with more funding
for prevention. In working through the budget process
for two years now, I became aware of a lack of federal
VOCA funds or crime victim funds, which has caused the
Council on Domestic Violence and Sexual Assault to
have to request general funds to fill a multimillion
dollar hole and they will continue to have to do that
until another funding source is found or the amount
from the Restorative Justice Account is increased.
This bill will stop the annual battle for general
funds for victims of domestic violence and sexual
assault.
4:02:34 PM
Representative Coulombe turned the presentation over to her
staff.
EDRA MORLEDGE, STAFF, REPRESENTATIVE JULIE COULOMBE, she
addressed a PowerPoint presentation titled "House Bill 116
Restorative Justice Account," dated March 11, 2024. She
began on slide 2 and read the legislative intent language:
Increase prevention and intervention programs, and aid
to victims of domestic violence and sexual assault,
through the Restorative Justice Account (previously
the Criminal Fund originally established in 1988).
4:03:10 PM
Ms. Morledge turned to slide 3 and noted that the first two
bullet points included the history of the Restorative
Justice Account, which Representative Coulombe had
previously covered. She read the last bullet point on the
slide pertaining to a policy change:
Policy: 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.
Ms. Morledge Slide 4 illustrated data from the Alaska
Victimization Survey, which was conducted every five years
by the University Justice Center. According to the most
recent survey conducted in 2020, 57.7 percent of adult
women in Alaska had experienced domestic violence or sexual
violence throughout their lifetime.
4:04:10 PM
Ms. Morledge reviewed the current Restorative Justice
Account allocations on slide 5:
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 Council on Domestic Violence and Sexual
Assault.
1-3% to nonprofit organizations (through the
Department of Health) 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.
4:05:01 PM
Ms. Morledge addressed the allocation proposal in HB 116 on
slide 6. The allocation percentages would remain the same
in most cases, but the allocation to the Department of
Corrections (DOC) would be swapped with the allocation to
Council on Domestic Violence and Sexual Assault (CDVSA).
Ms. Morledge turned to a five-year lookback on slide 7. She
relayed that the previous year was exceptionally large
because the Permanent Fund Dividend (PFD) was rather large
in comparison to the prior year. There was slightly over
$25 million awarded [in FY 24] and about $500,000 of the
total went to CDVSA. She noted the organization would
receive close to $300,000 in FY 25. Slide 8 showed an FY 07
through FY 24 lookback. She reviewed a wrap up of the
legislation on slide 9:
• 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.
Co-Chair Foster extended appreciation to the invited
testifiers who had been patiently waiting.
MARY BETH GAGNON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, introduced herself and shared
that she had been asked to provide technical details about
the CDVSA grant funding, including how the funds were
distributed and what the agency would do if it received any
increased funding. She detailed that CDVSA distributed
grant funding to 34 community-based subgrantees across the
state and the funds addressed four different categories of
services. She reviewed the categories beginning with victim
services defined as the domestic violence and sexual
assault service and resource providers. The next category
was enhanced victim services, which served child advocacy
centers, mental health services for children exposed to
trauma, and legal services to victims. Funding also went to
prevention programming and perpetrator rehabilitation
programming.
Ms. Gagnon addressed the victim services and enhanced
services categories, which she would refer to as victim
services going forward. The grants were funded with a mix
of federal and state dollars. She relayed that decreases in
federal funding in the past several years, particularly the
Victims of Crime Act (VOCA), had created a significant
shortfall in funding for victim services programs. For the
three prior fiscal years CDVSA was backfilled by one-time
federal COVID-19 relief funding sources as well as one-time
increments in FY 23 and FY 24 to return its programs to
flat-funding base levels. She relayed that in FY 25, the
agency's VOCA funds continued to decrease. Awards for the
federal FY 24 were predicted to be 41 percent less than the
prior year. The agency was projected to be approximately
$2.3 million short of being able to fund victim service
awards at a flat funded rate. She clarified that flat
funding did not take inflation into account. She explained
that because the cost of service had significantly
increased with inflation, it had impacted the services for
subgrantees offering crucial services to victims. She
stated that flat funding was actually a decrement to the
agency.
Ms. Gagnon noted that the $2.3 million shortfall reflected
CDVSA exhausting the remainder of its federal funds for FY
25. She elaborated that because CDVSA received multiyear
awards, it typically held some funding back to carryforward
into the next fiscal year; however, CDVSA could not carry
the $2.3 million forward, meaning the projected deficit for
FY 26 was more substantial. If the agency received
increased funds as proposed by HB 116, CDVSA would seek to
increase the FY 25 victim service awards to bring grantees
to minimum base levels. Preferably CDVSA wanted to account
for a boost in inflation, so grantees were not operating on
a deficit. Additionally, it would like to increase its
focus on prevention programming.
Ms. Gagnon provided an overview on prevention programming.
Currently, prevention programming received 8 percent of the
CDVSA subgrant award budget. The agency used direct funding
for prevention efforts to stop the cycle of violence
hopefully before it occurred. Currently, CDVSA was able to
fund 13 community-based prevention programs across the
state. She added that given the state's size, it could
certainly use more. The sites were currently implementing
primary prevention programs such as Girls on the Run, Green
Dot bystander intervention, Healthy Relationships, and
coalition work to leverage prevention programs within
communities.
Ms. Gagnon reported that in FY 24, prevention received a
slight increase in state general funds and CDVSA was able
to distribute an additional $268,000 to its existing
programs. Additionally, it was able to sponsor Native Youth
Olympics and fund a culture camp located in Bethel. The
agency was partnering with schools on implementing more
prevention efforts in the school system and was working on
deep rural outreach. The agency was starting to support the
Home Visiting Nurse Program, a program in Mat-Su and
Anchorage area addressing prevention. Additionally, the
agency distributed an additional $20,000 for the Lead On
youth leadership conference.
4:13:07 PM
Ms. Gagnon relayed that if CDVSA was given additional
prevention funding it would seek to increase capacity of
existing community based programs, fund additional programs
in communities not currently receiving prevention funds,
and continue to expand deep rural outreach.
Co-Chair Foster thanked Ms. Gagnon for her remarks. He
asked the next testifier to provide remarks.
JAMES COCKRELL, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY,
thanked Representative Coulombe for inviting him to provide
testimony. He planned to touch on prevention services,
specifically the Choose Respect initiative that began in
2009. He noted that it had been a few years, but it was
something he felt strongly about when he had been an Alaska
State Trooper. He provided prepared remarks:
As you know, public safety is the work of many hands
and law enforcement is just one of them. We cannot
arrest our way through all the issues facing our
communities. Realistically, there has to be a cultural
shift before we'll actually make a huge dent in sexual
assaults and domestic violence. It takes time for
unlearned behaviors that may be generational, and
change can be hard and even painful, but together we
are stronger and can make a difference to one life,
one family, one community, and one state. That was
demonstrated under the Choose Respect campaign
initiative under Governor Parnell in 2009, which
continued through 2014 when it was drastically reduced
or eliminated under the previous administration. The
budget for the campaign was spread across multiple
departments: Department of Public Safety, Department
of Law, Department of Health and Social Services,
Department of Education and Early Development,
Department of Corrections, and the Office of the
Governor. The average budget back then was about $2.5
million.
The campaign was built on what I would call the six
pillars of change: victim safety, offender
accountability, primary prevention, coordination of
efforts, legible outcomes, leadership and a champion
for change. It was supported on multiple levels with
the highest levels of government to the smallest
villages in the state, together they committed to
change. The program engaged communities statewide
working with victim services, providers, advocacy
groups, schools, tribal entities, law enforcement, and
many other partners. From poster contests to community
potlucks and statewide marches, the Choose Respect
campaign worked to build relationships to create an
environment where victims felt empowered to speak out
and ask for help. They felt believed and acknowledged.
I will say there had been over the years plenty of
people saying this is just a march and it wasn't
meaningful. But I would beg to differ, it certainly
partnership with the communities that we provided
marching. It was a huge outreach and one thing that
you really noticed during Choose Respect was people
stood up and spoke out in community meetings, which
probably would never have happened. We had the girls
from Tanana at AFN talk about the sexual abuse in that
community and people were speaking out at many other
community functions not to tolerate domestic violence
and sexual assault. It was a lot more than just a
march as some people like to say.
They consisted of continuous messaging, prevention and
education, victim support, recovery, strength and law
enforcement, and hold offenders accountable. As an
Alaska State Trooper for over 30 years, I know that
once law enforcement got involved, we've already
failed as a society. Another person has been
needlessly victimized and law enforcement was there to
take someone to jail and comfort the victims as best
we can. There was a quote in the 2014 Choose Respect
legislative report that I reviewed in preparing for
testifying today. It was from the Alaska Justice
Center that stated in a room of girls six of ten will
be beaten or sexually assaulted in their lifetimes.
These are not statistics, these are our sisters,
daughters, and future leaders. The acceptable number
will always be zero.
Commissioner Cockrell shared that he had daughter who had
been the victim of domestic violence in another state, and
she was really beat up. He stated that as a father, when
you're dealing with a daughter with a one-year-old it was a
gamechanger. He stated that there was hope and eventually
the couple had gotten back together, and they were still
married with three children. He stated there was hope when
the right treatment and resources were available. He
continued with prepared remarks:
I hope in my lifetime we can turn the tide and see our
high rates of domestic violence decline and that our
grandchildren will be able to live without fear. I've
seen much progress in my lifetime under Choose Respect
and hope that we can continue to collectively work
together to reduce domestic violence and sexual
assault in our state.
Commissioner Cockrell referenced the first five-year study
from the University of Alaska and funded by CDVSA, which
was a starting point. The second survey happened during the
Choose Respect initiative and rates of domestic violence
and sexual assault trended downwards during that time. He
relayed that since the initiative had ceased, the rates
were trending up. He stated that if the government worked
together and provided outreach to communities, it could
make a difference, but it had to be focused, concentrated,
and continuous. He stressed it could not go away for up to
ten years and be built right back up. He stated the
situation was back where it started.
4:21:25 PM
Commissioner Cockrell pointed to the cost when someone was
victimized and the cost of incarceration. He noted that the
legislation cost money, but it would potentially save lives
and prevent individuals from being beaten up. He
appreciated the bill.
4:21:51 PM
BRENDA STANFILL, EXECUTIVE DIRECTOR, ALASKA NETWORK ON
DOMESTIC VIOLENCE AND SEXUAL ASSAULT (via teleconference),
spoke in support of the legislation that would increase the
funding available for organizations serving victims of
crime throughout Alaska. A network of programs started in
1977 in Fairbanks, Anchorage, and Juneau and it had spread
throughout the years in order to create a system that
victims could access help in their communities or
relatively close by. She remarked on the state's vast size.
There were currently 24 agencies providing services across
the state to domestic violence and sexual assault victims
that received some type of state funding. The agencies were
located in regional centers such urban areas and smaller
communities like Hooper Bay or Emmonak. For example,
Fairbanks served 42 surrounding villages. For many people
experiencing crimes, the programs were a place people could
go for help even if they were a plane ride away. There was
only one state agency providing support for victims of
other violent crime. She elaborated that the Victims for
Justice in Anchorage worked statewide to ensure family
members of a murder victim had someone to accompany them
during the trial, which could last up to five years.
Ms. Stanfill relayed that some years back it had been
identified that bringing sexually abused children to the
sterile environment of the emergency room was causing
additional trauma to children and the way interviews were
conducted was not working well. In response, child advocacy
centers were created across the state. There were currently
19 centers throughout Alaska where children could be
interviewed in a child friendly setting. She elaborated
that camera systems were set up in a way that not everyone
had to be in the room observing. Additionally, the forensic
exam was also done in a very child friendly way. Staff in
the centers were specially trained and she reported that
often children asked if they could visit the center again.
Ms. Stanfill informed the committee there were four
statewide and two regional programs across Alaska providing
legal services to victims of violent crime. She relayed
that the attorneys were available to help victims with the
ongoing protective orders, divorce, custody, and sometimes
in a criminal case when the victim needed assistance. There
were three organizations that had specific programs serving
sex and labor trafficking victims throughout Alaska. She
noted it was a relatively new area surfacing that may have
existed for a long time.
Ms. Stanfill relayed that a substantial amount of VOCA
funding had been received at different times throughout the
state. She shared that CDVSA had been told to get the funds
out into communities to increase access to services for
victims statewide, which is what CDVSA did on the good
faith that VOCA funding would always be there. She
elaborated that at the same time, the state was not
increasing its investment into victim services. All of the
increases had been coming from federal dollars. She
continued that CDVSA had funded some enhanced services, but
after the high funding point in 2018, the federal
government changed how it prosecuted and collected fines,
which changed the amount in the VOCA account to be
distributed to states. She noted that a VOCA fix had been
passed a few years back, but the fund had not filled up.
She relayed that programs had been flat funded and were
currently struggling. She relayed that programs had cut
staff, engaged in increased fundraising activities, and had
tried to ensure services were not cut or eliminated.
4:27:48 PM
Ms. Stanfill stated that programs recognized that if
services were cut, there would be victims left on their
own. The programs were the thread that wound consistently
through the system. The programs connected with victims and
responded when a crime occurred regardless of whether it
was reported to law enforcement because often times a
victim may not be ready to report to law enforcement. If a
crime was reported, the programs continued to support
victims through the investigation and prosecution process.
If a victim or the system opted to not move forward with a
case, the programs continued to be there to support
victims. Advocates were present for court hearings, trial
date, and the day when the victim had to give their impact
statement. Additionally, the programs were available for
victims when the system was done with them and had moved
on, but the victim was still grieving. She elaborated on
ways the programs continued to support victims. There was a
national count in domestic violence shelters once a year in
September, in 2023 there were 395 adults and children who
were staying in emergency shelters because they could not
stay safely in their own homes [in Alaska]. She elaborated
that 87 additional individuals had come that day to receive
other support. Additionally, 138 more Alaskans had called a
crisis line to access support that day and 29 people were
turned away from safe shelter because there were no beds
available.
Ms. Stanfill stated that while it was tremendously
important to keep providing critical services to those
impacted by crimes, it was necessary to start working to
identify what could be done to provide stronger communities
where children thrive and are not exposed to traumas that
would create challenging behaviors for communities when
they were adults. She reported that women with higher
adverse childhood experience scores were more likely to
experience violence in the past 12 months. She relayed that
during her time working in a Fairbanks program with men who
had abused, she heard each one talk about the trauma they
experienced during childhood. She referenced a documentary
called The Silence that focused on the impact of trauma on
young boys and how the trauma manifested as adults.
Currently, there were 14 community prevention teams seeking
to end violent crime, recognizing children experiencing
trauma often did not gain the resilience needed to be
adults that did not hurt the community. The teams engaged
in communities to move the needle and make sure children
had access to healthy adults and mentorship. She relayed
that programs needed to expand in order for every community
to work on preventing violent crimes. She stated that
identifying a new funding stream focusing on identifying
the needs of survivors in Alaska would serve the needs of
violent crime and would enable the statewide and community
level work to reduce the number of victims. She thanked the
committee for the opportunity to speak.
4:32:14 PM
Representative Ortiz appreciated the bill and was
supportive. He asked if the bill would fulfill CDVSA's
financial needs.
Ms. Gagnon responded that she believed it would fill the
gap. She referenced the $2.3 million to $3 million figures
run by Representative Coulombe and stated the funding would
definitely assist the agency. She relayed that the agency
was currently facing a very large deficit and any money
would be beneficial. She deferred to a colleague for
details.
PAM HALLORAN, ADMINISTRATIVE SERVICES DIRECTOR, DIVISION OF
ADMINISTRATIVE SERVICES, DEPARTMENT OF PUBLIC SAFETY,
replied that it was a difficult question to answer. She
relayed that the prior Choose Respect campaign was upwards
of $10 million. She did not know if it was possible to put
a price tag on prevention. She had worked closely with Ms.
Gagnon on working to fully fund FY 25, which was the
current focus. She highlighted Ms. Gagnon's testimony that
the agency was not holding back any federal funding that it
would normally hold back for FY 26.
4:35:12 PM
Representative Ortiz stated that the bill would mean a
significant shifting of funds from traditional DOC
activities. He asked if the reduction of funds available to
the corrections system meant DOC would increase its budget
request to supplant the lost funds.
Commissioner Cockrell stated his understanding of the
question. He stated that the funding would make up the
differences the department [DPS] was not receiving from the
VOCA funding. The department was looking to fill that gap
and have a consistent funding source for current services.
If there was a desire to move up with Choose Respect, it
would require additional funding.
Representative Ortiz clarified his question. He stated that
the funds were currently used to fund the DOC system and
the bill would result in a shift of the funds to CDVSA. He
underscored that it was a very worthy cause, which he fully
supported. He asked if the lost funds for DOC would mean an
increased budget request for that purpose.
Co-Chair Foster highlighted that the DOC commissioner and
staff were not present.
Representative Coulombe relayed that she had the same
question when looking at proposing the legislation. She
stated that no one had asked her to put the bill together;
it had come out of looking at the DPS budget. She noted
that when she had come up with the idea, the first person
she had talked to was the commissioner of DOC. The
commissioner had told her it depended on the year and the
department probably would request undesignated general
funds (UGF). She stated that DOC was requesting funds in
the FY 25 budget to make up the difference from a smaller
PFD year to a big year. The department was already looking
for money related to the [restorative justice account] fund
if it was not receiving the amount projected. She stated
that it was important to her to start moving upstream on
the issue. She remarked that corrections was the downstream
at the very end when everything else had failed. She stated
that moving funds to an upstream organization would
ultimately reduce the amount of money DOC would need to run
its operations. She added that DOC used to use the money
for health costs, but in recent years it had moved to
general population costs. The intent of the money was to
restore victims. She remarked that whether DOC asked for
the UGF difference or not, the issue was a policy decision
and she believed it was important to stop putting money at
the end of all things and start pushing it upward.
4:39:18 PM
Co-Chair Foster noted that the DOC administrative services
director was available online. He asked for comment from
the department.
TERI WEST, ADMINISTRATIVE SERVICES DIRECTOR, DEPARTMENT OF
CORRECTIONS (via teleconference), answered that the
department would increase its general fund request for the
amount it would be reduced by in the next fiscal year.
Representative Josephson directed a question to Ms.
Stanfill. He had met with child advocacy centers and had
learned they received zero general funds. He asked if that
was correct. He clarified that he was speaking about
centers where children were brought for evaluation when
child abuse was suspected.
Ms. Stanfill responded that she had spoken with the
Children's Alliance the previous week and detailed that the
alliance received federal funds through CDVSA and TANF
[Temporary Assistance for Needy Families] through the
Department of Family and Community Services. She confirmed
that most of the money passing through was federal. She
noted the organization also received funds through the
Office of Childrens Services. She did not believe any of
the organization's budget was made up of only general funds
from the state.
Co-Chair Foster thanked the testifiers and bill sponsor.
HB 116 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the schedule for the following
day.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 50 Amendments 1-6 030824.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 50 |
| HB 116 Sponsor Statement v.B.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 Sectional Analysis v.B.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 Summary of Changes CSHB116(STA).pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 Supporting Document - PPT.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 - Supporting Doc - Restorative Justice Lookback.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 - Supporting Doc - Restorative Justice Account Distribution.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 116 - Supporting Doc - Alaska Beacon Article 3.7.24.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 116 |
| HB 50 Amendment 4 Backup Josephson 031124.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 50 |
| HB 50 Amendments 1-6 ACTIONS 030824.pdf |
HFIN 3/11/2024 1:30:00 PM |
HB 50 |