Legislature(2017 - 2018)CAPITOL 106
03/01/2018 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB290 | |
| HB336 | |
| Presentation: Key Coalition | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 290 | TELECONFERENCED | |
| *+ | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 290-CRIMINAL JUSTICE COMMISSION: MEMBERSHIP
3:04:18 PM
REPRESENTATIVE TARR announced that the first order of business
would be HOUSE BILL NO. 290, "An Act relating to the membership
of the Alaska Criminal Justice Commission; and providing for an
effective date."
3:04:34 PM
VALERIE DAVIDSON, Commissioner, Office of the Commissioner,
Department of Health and Social Services (DHSS), stated that HB
290 had been introduced by the governor's office, and she
paraphrased from the Sectional Analysis [Included in members'
packets], which read:
Section 1: This section amends AS 44.19.642(a) to
increase the number of members of the Alaska Criminal
Justice Commission from 14 to 15 by adding as a member
a resident of the state who has been the victim of a
felony crime under AS 11. The governor will appoint
this individual for a three-year term. This bill
further amends this section to include the
Commissioner of Health and Social Services on the
Alaska Criminal Justice Commission as a voting member.
Section 2: This is a conforming amendment to recognize
that the member of the Commission who is the victim of
a felony crime serves at the pleasure of the governor
and may be reappointed, as is currently the case for
the municipal law enforcement and victims' rights
advocate members.
Section 3: Allows for an immediate effective date
under AS 01.10.070(c).
COMMISSIONER DAVIDSON explained that the addition of the
Commissioner of the Department of Health and Social Services
(DHSS) as a voting member on the commission was necessary as
there was influence and correlation between the DHSS and
Criminal Justice. She pointed out that the Division of Juvenile
Justice was within the purview of the DHSS, and not within the
Department of Corrections (DOC). She stated that law
enforcement worked closely with the division and that any
changes to criminal justice laws would have an impact on
juvenile justice practices, needs, and resources, particularly
for discretionary waivers.
COMMISSIONER DAVIDSON added that changes in juvenile justice
laws could have an impact on the likelihood of juveniles
entering the adult criminal system. She stated that experience
in Alaska, as well as other states, had shown that a key aspect
for reducing recidivism was the availability of treatment
services for substance use disorders. Both the Division of
Behavioral Health with behavioral health grants and the Medicaid
program with payments for behavioral health were sources for
treatment funding. She reported that the Alaska Criminal
Justice Commission was required by statute to consider treatment
and rehabilitation programs during its deliberations. She
shared that when people left the criminal justice system, the
opportunity for access to medically assisted treatment or health
care had a significant impact on the reduction of recidivism.
3:08:27 PM
REPRESENTATIVE SADDLER asked if the Commissioner of DHSS had
recently been added to the commission as a non-voting member.
COMMISSIONER DAVIDSON offered her belief that this had been a
result of Senate Bill 54 during the special session.
REPRESENTATIVE SADDLER asked on how many boards Commissioner
Davidson currently served.
COMMISSIONER DAVIDSON said that she currently served on the
Alaska Housing Finance Corporation board and on the Council for
Domestic Violence and Sexual Assault, as well as the Alaska
Criminal Justice Commission board. She reported that a designee
would attend when she was unable.
REPRESENTATIVE SADDLER asked if this was all the boards.
COMMISSIONER DAVIDSON reported that DHSS had the Suicide
Prevention Council, and that others participated on that
council.
REPRESENTATIVE SADDLER said that he wanted to make sure that
this additional responsibility was not adding too many more
duties. He asked which meetings she attended and which meetings
she had a designee attend.
COMMISSIONER DAVIDSON said that she would provide that
information.
3:10:25 PM
REPRESENTATIVE EASTMAN asked for clarification on the victims.
COMMISSIONER DAVIDSON replied that victim was defined under AS
12.55.185, a person against whom an offense has perpetrated, or
a person who is a minor, incompetent, or incapacitated that is
living in a spousal relationship, a parent, an adult child, a
guardian or a custodian. If the victim is deceased, then it is
the person living in the spousal relationship, an adult child, a
parent, a sibling, or a grandparent or grandchild of the
deceased.
REPRESENTATIVE SADDLER asked if criminal activity was a
behavioral issue or a moral issue.
COMMISSIONER DAVIDSON offered her belief that criminal activity
was both, and she directed attention to the corrections system
in Alaska where individuals were dealing with behavioral health
issues and substance use issues.
3:13:05 PM
REPRESENTATIVE SADDLER suggested the addition of someone from
the faith-based community to the commission in order to share a
moral perspective.
REPRESENTATIVE TARR asked if this had been considered. She
pointed out that the suggestion to have the Commissioner of DHSS
on the board had been a recommendation from the Criminal Justice
Commission.
COMMISSIONER DAVIDSON expressed her agreement that the
Commissioner of DHSS be added as a voting member.
REPRESENTATIVE TARR asked if there were any other
recommendations.
COMMISSIONER DAVIDSON said that was the only recommendation to
add members to the commission.
3:14:15 PM
REPRESENTATIVE SADDLER asked if there was anyone from the
commission to testify regarding the intent. He questioned the
decision to move the Commissioner from a non-voting to a voting
member in such a short time.
REPRESENTATIVE TARR said that there was not anyone on-line but
it could be suggested as a follow-up request.
REPRESENTATIVE SADDLER expressed his agreement.
COMMISSIONER DAVIDSON offered that the recommendation to become
a voting member had been forwarded at the request of the
Behavioral Health Sub-Committee to the Alaska Criminal Justice
Commission.
COMMISSIONER DAVIDSON, in response to Representative Tarr,
reported that the Chair of the Commission was Greg Razo, and the
Chair of the Behavioral Health Sub-Committee was Steve Williams.
REPRESENTATIVE TARR said that there should be public minutes
from the commission meeting.
COMMISSIONER DAVIDSON expressed her agreement, although the
minutes from the meeting at which this was discussed may not
have yet been approved.
3:16:15 PM
REPRESENTATIVE EASTMAN directed attention to page 2, line 25,
which specifically stated that the new position being created
would serve at the pleasure of the governor, and he asked if
this was duplicative language and would it still be the case
even if this language was deleted.
COMMISSIONER DAVIDSON replied that, typically with boards and
commission, those positions were nominated and appointed by the
governor's office unless specifically outlined as designated by
positions or other appointment.
3:17:27 PM
REPRESENTATIVE EASTMAN offered his belief that this language
would allow the government to terminate the position if
displeased.
COMMISSIONER DAVIDSON read from the proposed bill, page 2, line
13: "a resident of the state who has been the victim of a
felony crime under AS 11 appointed by the governor for a three-
year term." She allowed that most governors recognized that
reasonable people can disagree, and she pointed out that there
had been instances in which members of a commission voted
differently than the governor, but that she had not seen this
governor replace people "willy-nilly." She declared that the
benefit of a state-wide commission or advisory committee was to
get a balanced perspective from across the state.
3:19:13 PM
REPRESENTATIVE EASTMAN suggested that, when serving at the
pleasure of the governor, an appointee would vote with the
Governor's desires.
COMMISSIONER DAVIDSON asked whether she was referring to a
different version of the bill, and she read: "appointed by the
governor for a three-year term."
3:19:55 PM
REPRESENTATIVE TARR offered her belief that Representative
Eastman's reference to page 2, line 25 of the proposed bill
referenced the existing statute which created the Alaska
Criminal Justice Commission and was not what was being addressed
by the proposed bill. She relayed that during her work with the
commission, one of the representatives had been very independent
with their positions.
3:21:16 PM
REPRESENTATIVE EASTMAN directed attention to the position
described on page 2, line 13, and stated that this position was
characterized on page 2, line 25, as one that "serves at the
pleasure of the governor."
REPRESENTATIVE TARR opined that, as this was part of the
executive branch, the legislature could not be involved in
executive branch appointments. She suggested that
Representative Eastman contact Legislative Legal Services for
advice.
REPRESENTATIVE EASTMAN asked if this was duplicative language.
He offered his belief that the governor "could just swap them
out with somebody that he likes more."
3:22:54 PM
REPRESENTATIVE JOHNSTON opined that this was standard in all the
advisory commissions. She suggested that he discuss this with
Legislative Legal Services to determine the reason for this
language.
3:23:19 PM
REPRESENTATIVE SADDLER said that, according to the State
Constitution, the governor had the right to replace any person
on a board or commission for any reason. He said that there
were very few boards or commissions with specific rights to
membership.
3:24:21 PM
REPRESENTATIVE JOHNSTON pointed out that the public members of
the permanent fund were protected.
REPRESENTATIVE TARR asked if Representative Eastman was
satisfied.
REPRESENTATIVE EASTMAN mused that it could be open for
discussion for change in the future.
3:24:39 PM
REPRESENTATIVE SADDLER asked what Commissioner Davidson could
contribute to the board as a voting member that she would not be
able to accomplish as an ex-officio non-voting member.
COMMISSIONER DAVIDSON explained that the state should have a
vote for the direction to the role of treatment for recidivism
and criminal justice. She declared that a voting position was
worthwhile. She pointed out that she would choose to attend any
meetings in which she was statutorily required to participate.
She pointed out that, as the topic of treatment was discussed at
"every, single Criminal Justice Commission meeting" and the
recidivism reduction funds had been directed to the DHSS, it
would be a missed opportunity not to have the Commissioner of
DHSS as a voting member.
REPRESENTATIVE SADDLER asked if she was aware that the intent
was to make her a voting member when she was appointed as a non-
voting member.
COMMISSIONER DAVIDSON said that the recommendation to be a
voting member of the commission happened before Senate Bill 54
designated her as a non-voting member of the commission. She
noted that prior to that, she was not even a member of the
commission. She reported that the role of treatment for
reducing recidivism in criminal justice endorsed her
participation in those meetings. She offered her belief that
the change in language to add the Commissioner of DHSS was the
result of a vote on the House floor.
REPRESENTATIVE SADDLER reiterated that she was involved prior to
becoming even a non-voting member. He asked when she became
aware that the intent was for her to become a voting member.
COMMISSIONER DAVIDSON offered to review the notes of the
commission, and she opined that there was a vote in August 2016
to add the Commissioner of DHSS as a voting member of the
commission.
REPRESENTATIVE SADDLER asked if there had been the intention all
along for the Commissioner of DHSS to become a voting member of
the commission.
COMMISSIONER DAVIDSON stated that she would not speculate on the
legislative intent throughout the process. She reiterated the
facts.
REPRESENTATIVE SADDLER recapped that she believed it was good to
be involved as a voting member.
COMMISSIONER DAVIDSON stated that, as a voting member, the
Commissioner of DHSS would be able to vote on the deliberations
before the Criminal Justice Commission.
REPRESENTATIVE SADDLER asked if she intended to attend
personally or would she designate someone to attend and vote in
her place.
COMMISSIONER DAVIDSON declared that she had been participating
in the meetings and expected to attend all the meetings although
she did not anticipate going to meetings if she was
incapacitated.
3:31:01 PM
REPRESENTATIVE JOHNSTON asked if the meetings were
teleconferenced.
COMMISSIONER DAVIDSON said that options for both personal and
teleconference attendance were available.
3:31:25 PM
REPRESENTATIVE TARR declared that the addition of a member who
was the victim of a felony crime was very important. She
expressed her hope that this would increase the collaboration
between departments, an efficient and effective use of dollars.
REPRESENTATIVE EASTMAN offered his belief that the reasons
stated by Commissioner Davidson for becoming a voting member of
the commission were equally valid for the other non-voting
members of the commission. He asked if there was an objection
to making those voting members, as well.
COMMISSIONER DAVIDSON replied that the other non-voting members
were appointed by the Speaker of the House and the Senate
President. She expressed confidence in the Alaska State
Legislature to make that determination.
3:33:19 PM
REPRESENTATIVE TARR opined that, as this was an executive branch
commission and there was a separation of powers, the legislators
could not be voting members.
REPRESENTATIVE EASTMAN said that, if it was put in statute,
"then it is so."
REPRESENTATIVE TARR said that this could be reviewed. She
pointed out that members appointed by the legislature, in
statute, as opposed to the governor, created this separation of
powers.
3:34:51 PM
REPRESENTATIVE SADDLER offered his belief that the Alaska
Criminal Justice Commission was a creation of the legislature,
and he reiterated his earlier question for the increased
effectiveness as a voting member of the commission. He
suggested that she had said she would be more powerful and her
opinions would carry more weight.
COMMISSIONER DAVIDSON, in response to Representative Saddler,
emphasized that she had not used the word "powerful," as this
was a word that she generally did not use when she described
herself. She declared that having a vote "gets your position on
the record and you're able to actively take a stand on a
position in a way that a non-voting member does not."
3:36:01 PM
REPRESENTATIVE TARR opened public testimony and after first
determining no one wished to testify, closed public testimony on
HB 290.
3:36:44 PM
REPRESENTATIVE TARR announced that HB 290 would be held over.