Legislature(2023 - 2024)GRUENBERG 120
04/18/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Department of Corrections, Commissioner | |
| HB61 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 116 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
4:18:21 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 116, "An Act relating to appropriations from the
restorative justice account."
4:18:51 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, as
prime sponsor, presented HB 116. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 116 reorganizes the percentages of the
funds that pass through the Restorative Justice
Account that fund nonprofit organizations through the
Council on Domestic Violence and Sexual Assault
(CDVSA) for services for victims and domestic violence
and sexual assault programs. This legislation changes
the share of the funds that are currently set out in
AS 43.22.048(b), reversing the share for CDVSA and the
Department of Corrections.
In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition. There is
no better way to assist victims of domestic violence
and sexual assault in getting their lives back
together after this type of assault and victimization,
than to put our state resources into caring for those
victims, as well as into prevention and intervention
programs to reduce the number of these crimes from
occurring in the first place. Since the fund was
established, it transitioned from mainly assisting
crime victims to paying for inmate healthcare. More
recently, it has been used by the Department to pay
for institutions, which was not the intention of the
fund.
HB 116 will ensure that the intent is upheld,
specifically for victims of domestic violence and
sexual assault, one of the worst types of
victimization possible. It will reverse the
percentages allowed under current statute for CDVSA
(from 1-3% to 79-88%) and for the Department of
Corrections (from 79-88% to 1-3%), to reinforce
Alaska's commitment to reducing our abysmal rate of
these crimes through prevention and intervention
programs, as well as stabilize the funding source for
shelters throughout the state. I respectfully request
the support of my colleagues on HB 116.
4:22:50 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, directed attention to a PowerPoint
presentation on HB 116 [included in the committee packet], on
behalf of Representative Coulombe, prime sponsor. She
highlighted the legislative intent on slide 2, which is to
increase prevention and intervention programs and aid to victims
of domestic violence and sexual assault through the Restorative
Justice Account. She detailed the Restorative Justice Account
on slide 3, which read as follows [original punctuation
provided]:
upsilon In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition.
upsilon Since the fund was established, it transitioned from
mainly assisting crime victims to paying for inmate
healthcare. More recently, it has been used by the
Department to pay for institutions, which was not the
intention of the fund.
upsilon There is no better way to assist victims of domestic
violence and sexual assault in getting their lives
back together after this type of assault and
victimization, than to put our state resources into
caring for those victims, as well as into prevention
and intervention programs to reduce the number of
these crimes from occurring in the first place.
4:24:50 PM
REPRESENTATIVE COULOMBE noted that [the Restorative Justice
Account] is composed of permanent fund dividends (PFDs) revoked
from felons, and this is why the fund fluctuates each year.
MS. MORLEDGE expounded, pointing out that the fund's balance had
increased this year because [the 2022] dividend was large. She
resumed the presentation on slide 4, reporting that per the
Alaska Victimization Survey, 57.7 percent of adult women in
Alaska have experienced domestic violence or sexual violence
throughout their lifetime.
4:26:13 PM
MS. MORLEDGE outlined the current Restorative Justice Account
funding prioritization on slide 5, which read as follows
[original punctuation provided]:
The legislature may appropriate amounts from the
account to the following recipients in the priority
order and percentages listed:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
1-3% to nonprofit organizations to provide grants for
services for victims of domestic violence and sexual
assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
79-88% to the Department of Corrections for costs
related to incarceration or probation.
4:27:33 PM
MS. MORLEDGE proceeded to slide 6, which listed the allocation
proposal under HB 116, as follows [original punctuation
provided]:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
79-88% to nonprofit organizations to provide grants
for services for victims of domestic violence and
sexual assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
1-3% to the Department of Corrections for costs
related to incarceration or probation.
4:27:55 PM
MS. MORLEDGE advanced to slide 7, which provided a five-year
look back of the Restorative Justice Account. She pointed out
that slide 8 offered a fiscal lookback from fiscal year 2012 (FY
12) to FY 24. She recalled that House Bill 216 [passed during
the Thirtieth Alaska State Legislature] had created the current
prioritization and percentage levels.
4:29:12 PM
MS. MORLEDGE concluded on slide 9, which read as follows
[original punctuation provided]:
HB 116 will ensure that the intent of the restorative
justice account is upheld, specifically for victims of
domestic violence and sexual assault, one of the worst
types of victimization possible.
It will reverse the percentages allowed under current
statute for CDVSA (from 1-3% to 79-88%) and for the
Department of Corrections (from 79-88% to 1-3%).
This will reinforce Alaska's commitment to reducing
our abysmal rate of these crimes through prevention
and intervention programs, as well as stabilize the
funding source for shelters throughout the state.
4:29:54 PM
REPRESENTATIVE ARMSTRONG thanked Representative Coulombe for
bringing forward such a creative and compassionate piece of
legislation that would have an immediate impact on many lives.
4:30:10 PM
REPRESENTATIVE STORY expressed her excitement about the bill.
Nonetheless, she asked why mental health and substance abuse
treatment for offenders was not prioritized in the bill.
REPRESENTATIVE COULOMBE explained that she had considered moving
percentages around, eventually deciding on "keeping it simple"
by swapping only the percentages of fund allocation belonging to
Department of Corrections (DOC) costs "related to incarceration
or probation" [at 79-88 percent currently] and "nonprofit
organizations to provide grants for services for victims of
domestic violence and sexual assault" [at 1-3 percent
currently]. She expressed the desire to keep the focus on
victims, and she described it as a victim's restoration fund.
She noted that DOC offered a perpetrator rehabilitation service
executed by the Council on Domestic Violence and Sexual Assault
(CDVSA).
4:32:07 PM
DIANE CASTO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), said she was available to answer any
questions on the bill's impact and the [CDVSA's] current budget.
4:33:16 PM
REPRESENTATIVE CARPENTER requested a high-level picture of how
the money would be spent.
MS. CASTO acknowledged that rates [of domestic violence] were
not decreasing in Alaska. She opined that without a good
distribution of money across a comprehensive approach to an
issue, results would be less than optimal. She described the
council's current funding structure, which is a combination of
state and federal funding, with a small amount of inter-agency
receipts from DOC for the perpetrator rehabilitation program.
She stated that 90 percent of the council's budget goes to
victims' services, such as emergency shelter programs for
individuals in immediate danger; 8 percent of funding goes
towards prevention programs; and 2 percent of funding goes
towards perpetrator rehabilitation. She suggested using the
proposed funding to increase victims' service programs and
expand programming to help victims and survivors move forward.
Additionally, she suggested allocating "significant" money
towards prevention and early intervention. She concluded by
discussing her vision for an 18-month perpetrator rehabilitation
work group. She opined that program funding and implementation
needs a better balance, adding that the council is currently
"treading water" due to existing appropriation structures.
4:38:18 PM
REPRESENTATIVE CARPENTER shared his belief that the word
"programming" is meaningless without results. He suggested that
this conversation be continued one year from now using results-
driven data.
4:39:06 PM
REPRESENTATIVE C. JOHNSON shared his understanding that
[domestic violence] has been a generational problem. He asked
whether there is anything in the system to address or break the
cycle of generational trauma.
MS. CASTO expressed agreement, highlighting the high Adverse
Childhood Experiences (ACEs) scores among perpetrators. She
emphasized the importance of providing services to children who
have witnessed abuse.
REPRESENTATIVE C. JOHNSON, from Ms. Casto's answer, discerned
that there is no program in place to address generational trauma
in children.
MS. CASTO clarified that programs are available, such as mental
health services to treat and counsel children and youth who had
experienced violence. She explained that the council
collaborates with the Alaska Network on Domestic Violence and
Sexual Assault (ANDVSA), the Department of Health (DOH), and
other agencies to develop and create programming for young
people. Nonetheless, she highlighted that the "tracking" of
young people as a difficulty.
4:46:05 PM
REPRESENTATIVE STORY reflected on existing family support
programs, such as teaching the cycle of violence in parenting
groups. She asked Ms. Casto to list the programs that are
currently available.
MS. CASTO clarified the services are offered by community-based
agencies, which in turn, are funded by CDVSA. She added that
the Office of Children's Services (OCS) offers many of the
family-focused programs. She opined that more support is needed
to change the behaviors of families struggling with violence.
4:49:37 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, explained that the ANDVSA
represents the 24 member programs funded by CDVSA. She noted
that without the one-time incremental federal COVID-19 dollars
and the appropriation from U.S. Senator Lisa Murkowski's office,
ANDVSA would be looking at a $7.5 million shortfall next year.
She emphasized the importance of shelters and rape crisis
centers for emergency services. She reported that a lack of
capacity within these programs is creating limitations in terms
of access to services. The most requested services, she said,
according to CDVSA, are emergency shelters and individual
advocacy. Furthermore, Child Advocacy Centers (CACs) have
provided 472 children under the age of 18 who are victims of
sexual or physical abuse a safe place to undergo the interview
process. She concluded by highlighting the critical nature of
the services funded by the council. She requested the ability
to serve victims on the same level as the rest of the criminal
justice system.
4:53:39 PM
CHAIR SHAW opened public testimony on HB 116.
4:54:06 PM
ERICK CORDERO, representing self, recalled that the original
intent of the [Restorative Justice Account] was to restore crime
victims to a pre-offense status. He noted that Alaska has
continued to be the state with the highest number of domestic
violence and sexual assault cases, and this is in addition to
child abuse and neglect. He reported that at its height, 98
percent of the fund was going towards inmate healthcare instead
of fulfilling the original intent of helping victims. He
expressed support for the bill, emphasizing the importance of
CDVSA and ANDVSA.
4:56:31 PM
CHAIR SHAW, after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 116. He
invited additional comments from the bill sponsor.
4:56:50 PM
REPRESENTATIVE COULOMBE reported that Commissioner Winkelman,
DOC, is aware and supportive of the proposed legislation.
Additionally, she expressed the intent to implement performance
goals and metrics to ensure that the money would go towards
things that "were moving the needle." She expressed the
intention to follow up with Commissioner James Cockrell,
Department of Public Safety, to ensure the fund had been making
a difference.
4:59:12 PM
REPRESENTATIVE STORY pointed out that [April] is the National
Child Abuse Prevention Month and expressed her appreciation for
the bill.
CHAIR SHAW announced that HB 116 was held over.