Legislature(2023 - 2024)ADAMS 519

03/25/2024 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 116 RESTORATIVE JUSTICE ACCT APPROPRIATIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 169 FISHERIES REHABILITATION PERMIT/PROJECT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 116                                                                                                            
                                                                                                                                
     "An   Act   relating   to   appropriations   from   the                                                                    
     restorative justice account."                                                                                              
                                                                                                                                
1:35:40 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked for a brief explanation of the bill.                                                                      
                                                                                                                                
REPRESENTATIVE   JULIE   COLOUMBE,  SPONSOR,   thanked   the                                                                    
committee for  hearing the bill again.  She provided remarks                                                                    
on   why  the   bill  was   important.  She   stressed  that                                                                    
policymakers should  direct the  funding in  the Restorative                                                                    
Justice Account to go towards  helping victims, the original                                                                    
purpose.                                                                                                                        
                                                                                                                                
1:39:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
BRENDA  STANFILL,  EXECUTIVE  DIRECTOR,  ALASKA  NETWORK  ON                                                                    
DOMESTIC  VIOLENCE AND  SEXUAL ASSAULT,  represented the  24                                                                    
member programs that  were part of the  network. She thanked                                                                    
the committee for  the opportunity to testify.  She spoke in                                                                    
support of the bill                                                                                                             
                                                                                                                                
1:43:43 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  suspected  there  was  a  lot  of                                                                    
strong support  for the bill. He  asked if the bill  did not                                                                    
get through  to the finish  line, he surmised that  the $3.7                                                                    
million in the budget was not adequate.                                                                                         
                                                                                                                                
Ms.  Stanfill responded  that the  current  proposal in  the                                                                    
budget provided flat funding, but did not cover the need.                                                                       
                                                                                                                                
Representative Josephson  surmised that the need  was closer                                                                    
to $6.7 million.                                                                                                                
                                                                                                                                
Ms. Stanfill agreed.                                                                                                            
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
1:45:12 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster   provided  the  contact   information  for                                                                    
written public testimony.                                                                                                       
                                                                                                                                
Representative Josephson wanted to  hear from the Department                                                                    
of Corrections  (DOC) and Department of  Public Safety (DPS)                                                                    
on whether the bill would create a hole in their budgets.                                                                       
                                                                                                                                
TERI   WEST,   ADMIN   SERVICES  DIRECTOR,   DEPARTMENT   OF                                                                    
CORRECTIONS (via  teleconference), answered  that the  FY 25                                                                    
funds  were related  to the  physical healthcare  component;                                                                    
therefore,  the department  would request  general funds  to                                                                    
operate.                                                                                                                        
                                                                                                                                
Co-Chair Johnson asked what the funds were used for by DOC.                                                                     
                                                                                                                                
Ms.  West replied  that the  funds were  used for  operating                                                                    
funds. The  FY 25 funds  were going to  physical healthcare,                                                                    
the medical care for offenders.                                                                                                 
                                                                                                                                
Co-Chair Johnson asked if the  department did not use any of                                                                    
the funds for rehabilitation in DOC.                                                                                            
                                                                                                                                
Ms. West replied that the  funds were not allocated to other                                                                    
programs in  FY 25. In other  years the funds had  been used                                                                    
for other  programs or other costs  related to incarceration                                                                    
or probation.                                                                                                                   
                                                                                                                                
1:49:24 PM                                                                                                                    
                                                                                                                                
Representative  Stapp  asked  how  much  money  the  current                                                                    
inmate health services cost per year.                                                                                           
                                                                                                                                
Ms. West responded  that she did not have a  final number on                                                                    
hand; it varied from year to year.                                                                                              
                                                                                                                                
Representative Stapp asked if it  was more or less than $7.8                                                                    
million.                                                                                                                        
                                                                                                                                
Ms. West replied it was significantly more.                                                                                     
                                                                                                                                
Representative  Stapp asked  for  verification  that if  the                                                                    
bill  passed the  department would  no  longer receive  $7.8                                                                    
million  in the  restorative  justice funds.  The state  was                                                                    
required to pay for inmate medical services.                                                                                    
                                                                                                                                
Ms. West  replied that  the department  was required  to pay                                                                    
for the services by statute.                                                                                                    
                                                                                                                                
Representative Stapp asked if the cost would go up or down.                                                                     
                                                                                                                                
Ms.  West  responded  that  the   costs  were  projected  to                                                                    
increase, and  the services would be  significantly short if                                                                    
the department  did not receive the  funding. The department                                                                    
would request a fund source change.                                                                                             
                                                                                                                                
Representative  Stapp   asked  if   the  bill   passed,  the                                                                    
legislature would have to backfill  at least $7.8 million in                                                                    
inmate health services.                                                                                                         
                                                                                                                                
1:52:59 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked Mr. Painter to come to the table.                                                                         
                                                                                                                                
ALEXEI PAINTER, DIRECTOR,  LEGISLATIVE FINANCE DIVISION, was                                                                    
available for questions.                                                                                                        
                                                                                                                                
Co-Chair  Foster asked  Ms. West  to review  the DOC  fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Ms.  West reviewed  fiscal note  OMB component  number 2952.                                                                    
The note  asked for  a fund source  change for  $7.8 million                                                                    
from restorative justice funds to general funds.                                                                                
                                                                                                                                
1:55:53 PM                                                                                                                    
                                                                                                                                
PAM HALLORAN,  ADMINISTRATIVE SERVICES  DIRECTOR, DEPARTMENT                                                                    
OF  PUBLIC SAFETY,  reviewed the  fiscal note  OMB component                                                                    
number 521.                                                                                                                     
                                                                                                                                
Mr.  Painter pointed  out neither  of the  fiscal notes  had                                                                    
change in  fund source. The  bill provided ranges  that were                                                                    
up to  the legislature to  determine. The bill did  not tell                                                                    
whether  it should  result in  decreased funding  to DOC  or                                                                    
DPS.                                                                                                                            
                                                                                                                                
2:00:08 PM                                                                                                                    
                                                                                                                                
Representative   Galvin  asked   what  the   guidelines  and                                                                    
parameters  were  for  the  restorative  justice  fund.  She                                                                    
referred to  DOC's testimony that  the FY 25 funds  would be                                                                    
spend on inmate healthcare.                                                                                                     
                                                                                                                                
Mr. Painter referred  to page 2, line 12  of the legislation                                                                    
pertaining  to  DOC.  He  pointed to  the  cost  related  to                                                                    
incarceration   and  probation,   both  fit   the  statutory                                                                    
guidance.                                                                                                                       
                                                                                                                                
Representative Galvin stated her  understanding based on the                                                                    
sponsor statement was leading towards  truing up the name of                                                                    
the fund with how the funds were used.                                                                                          
                                                                                                                                
Mr.  Painter confirmed  that the  DOC operations  fell under                                                                    
the topic outlined in the fund.                                                                                                 
                                                                                                                                
Representative Galvin thanked the  bill sponsor and surmised                                                                    
that most  people would  probably think  the funds  would be                                                                    
spend differently based on the name of the fund.                                                                                
                                                                                                                                
Co-Chair Edgmon shared  that he had been  in the legislature                                                                    
in  2018  when  the   restorative  justice  funds  had  been                                                                    
implemented.                                                                                                                    
                                                                                                                                
2:05:56 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  wondered   whether  an  amendment                                                                    
could be adopted  to restore general fund dollars  to DOC to                                                                    
care for  the health of inmates,  or a fiscal note  could be                                                                    
added to the bill.                                                                                                              
                                                                                                                                
Mr. Painter answered that  following the guidelines outlined                                                                    
in  the bill  with the  addition  of funding  in the  budget                                                                    
could  have that  result. He  acknowledged that  the funding                                                                    
could also be changed within the fiscal note.                                                                                   
                                                                                                                                
Representative  Josephson asked  if part  of the  reason was                                                                    
because of the lack of replacement funding.                                                                                     
                                                                                                                                
Mr. Painter replied that it was based on policy.                                                                                
                                                                                                                                
Representative  Josephson  stressed  that the  bill  had  no                                                                    
money  for  the  Council  on Domestic  Violence  and  Sexual                                                                    
Assault (CDVSA).                                                                                                                
                                                                                                                                
Mr. Painter answered  there was funding of  $3.7 million for                                                                    
CDVSA in  the committee substitute,  but was not  within the                                                                    
governor's original budget.                                                                                                     
                                                                                                                                
Representative  Josephson asked  if  in  combination of  the                                                                    
bill removed $47 million from DOC.                                                                                              
                                                                                                                                
Mr.  Painter clarified  that  the bill  did  not change  the                                                                    
department's funding level.                                                                                                     
                                                                                                                                
2:09:15 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnson was  hearing that  by default  the funding                                                                    
for DOC would stay the same  because the bill did not reduce                                                                    
their budget.                                                                                                                   
                                                                                                                                
Mr.  Painter   responded  that  the  fiscal   note  did  not                                                                    
currently make  any changes  to appropriations,  weather the                                                                    
fiscal  note for  the budget  bill  would have  to make  the                                                                    
change.  He  stressed  that  the  options  were  up  to  the                                                                    
committee.                                                                                                                      
                                                                                                                                
Co-Chair  Johnson  was present  when  the  statute had  been                                                                    
changed. She thought she heard  they would be facing another                                                                    
request for additional money.                                                                                                   
                                                                                                                                
Mr. Painter  agreed that the  bill reflected a  policy shift                                                                    
to direct  funds more towards  victims services  rather than                                                                    
inmate costs.                                                                                                                   
                                                                                                                                
Co-Chair  Foster asked  Representative  Coulombe to  provide                                                                    
any thoughts.                                                                                                                   
                                                                                                                                
Representative  Coulombe  relayed  that the  bill  had  been                                                                    
introduced the  previous session  resulting from  her budget                                                                    
work on  DPS. stated the  issue was whether they  were going                                                                    
to make  domestic violence and sexual  assault agencies come                                                                    
before  the legislature  to beg  for  funds. She  understood                                                                    
DOC's plight  with expenses but  she was hearing  from child                                                                    
advocacy centers and shelters that  they could not pay their                                                                    
heating  bill and  were turning  people away.  Shelters were                                                                    
not going away and they would  be back every year to ask for                                                                    
funds. She pointed out that  the restorative justice account                                                                    
ebbed and flowed. The previous  year it was $19 million. She                                                                    
stated that CDVSA  understood there would not  be $7 million                                                                    
available every  year. She  thought the  funds should  be go                                                                    
towards victims services.                                                                                                       
                                                                                                                                
2:17:36 PM                                                                                                                    
                                                                                                                                
Representative  Stapp  supported  moving  forward  with  the                                                                    
bill. He  stated that the  legislature put CDVSA  money into                                                                    
the operating  budget in the  current year. He asked  if the                                                                    
operating budget should include contingency language                                                                            
                                                                                                                                
Mr. Painter responded that  conference committee could adopt                                                                    
fiscal  notes that  added  additional funds  on  top of  the                                                                    
existing amount  or reduce  the amount or  do a  fund source                                                                    
change.                                                                                                                         
                                                                                                                                
Representative  Coulombe stated  that the  money was  a one-                                                                    
time appropriation in the operating budget.                                                                                     
                                                                                                                                
Representative Ortiz concurred with  the intent of the bill.                                                                    
He thought  it was a misnomer  to think that going  with the                                                                    
bill the state  would see DOC asking for  funding. He stated                                                                    
it was a matter of statutory responsibility.                                                                                    
                                                                                                                                
Representative  Coulombe  stated   that  DOC  designated  to                                                                    
health services  in the current  year but it was  not always                                                                    
the case.                                                                                                                       
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
Representative  Josephson did  not know  DOC would  fill the                                                                    
gap because they had asked for supplemental funding.                                                                            
                                                                                                                                
Representative  Coulombe  asked  for  clarification  on  the                                                                    
question.                                                                                                                       
                                                                                                                                
Representative  Josephson  responded   that  it  related  to                                                                    
Representative Ortiz's  comments, and  said that he  did not                                                                    
want  DOC to  feel they  had to  specify, because  the state                                                                    
would pay  for it  all. He  thought that  the bill  would do                                                                    
what the  public believed a restorative  justice fund should                                                                    
do. He  did not  believe the  bill moved  the needle  on the                                                                    
state budget.                                                                                                                   
                                                                                                                                
Representative  Coulombe recalled  that the  funds had  gone                                                                    
towards  population management  the previous  year. She  did                                                                    
not necessarily  oppose a fiscal  note to fill in  the hole,                                                                    
but  she  did  not  want  that to  be  the  message  to  the                                                                    
department. She did not want to decrement healthcare.                                                                           
                                                                                                                                
2:25:32 PM                                                                                                                    
                                                                                                                                
Co-Chair  Johnson  struggled with  the  issue.  She did  not                                                                    
think there  was anything wrong  with using the  funding for                                                                    
prisoners.  She thought  if they  felt like  they wanted  to                                                                    
fund restorative justice they should  fund it. She wanted to                                                                    
know how much things cost.                                                                                                      
                                                                                                                                
Representative Coulombe replied that  one of the reasons she                                                                    
moved forward  with the legislation  was because  by statute                                                                    
they were  required to have  a prevention program,  but they                                                                    
did not have one due to inadequate funding.                                                                                     
                                                                                                                                
Representative  Tomaszewski thanked  Representative Coulombe                                                                    
for  bringing  the bill  forward.  He  cosponsored the  bill                                                                    
because  he  believed victims  should  be  funded first.  He                                                                    
thought the  legislature should be scrutinizing  the funding                                                                    
for criminals much more thoroughly.                                                                                             
                                                                                                                                
Co-Chair Foster set an amendment  deadline for Monday, April                                                                    
1, 2024 at 5:00 p.m.                                                                                                            
                                                                                                                                
HB  116  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:30:57 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:37:22 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 116 Supporting Documents Support Letters 032224.pdf HFIN 3/25/2024 1:30:00 PM
HB 116
HB 116 Public Testimony Rec'd by 032524.pdf HFIN 3/25/2024 1:30:00 PM
HB 116
HB 116 - Supporting Doc - Support - Redacted.pdf HFIN 3/25/2024 1:30:00 PM
HB 116