Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/11/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB76 | |
| HB307 | |
| HB20 | |
| SB195 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 195 | TELECONFERENCED | |
| += | SB 47 | TELECONFERENCED | |
| += | SJR 14 | TELECONFERENCED | |
| += | HB 208 | TELECONFERENCED | |
| + | SB 76 | TELECONFERENCED | |
| += | HJR 21 | TELECONFERENCED | |
| += | HB 307 | TELECONFERENCED | |
| += | HB 44 | TELECONFERENCED | |
| + | HB 20 | TELECONFERENCED | |
| + | SB 134 | TELECONFERENCED | |
SB 195-PF DIVIDEND FUND TRANSFERS;CRIMES;VICTIMS
3:59:00 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 195.
3:59:50 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, stated that SB 195 is designed to
assist crime victims. It is a companion bill to HB 216,
sponsored by Representative Chuck Kopp. He introduced the
legislation speaking to the following sponsor statement:
The Alaska State Constitution recognizes the rights of
crime victims through Article I, Section 24.
Restitution is one of those rights. Unfortunately, the
outstanding balance of court-ordered restitution
payments to victims has remained very high and victims
find themselves waiting for several years to receive
payments. The current balance of outstanding court-
ordered restitution is over $80 million.
There is a mechanism in place to assist victims of
crime through the criminal fund established by the
Legislature in 1988 (HB245), but over time, most of
the funds have been used to pay for inmate healthcare
costs and the amount to assist victims has fallen off
sharply. SB 195 seeks to restore a balance, clear
ambiguities, and prioritize restoring victims to a
pre-offense condition.
In 1988, HB 245 made certain criminal offenders
ineligible to receive a Permanent Fund Dividend and
stated intent language that the money that would have
gone to the offenders would go to support victims of
crimes by funding the Violent Crimes Compensation
Board. Since establishment of the criminal fund, there
have been statutory changes to eligible recipients and
victims of crimes are no longer a priority.
Senate Bill 195 [and companion HB 216] establishes an
account titled the Restorative Justice Account. It
prioritizes the use of the funds for compensation
through the Violent Crimes Compensation Board and
enables the Office of Victims' Rights to qualify for
appropriations from this fund and authorizes them to
pay court-ordered restitution to victims of crimes
when a victim has exhausted all other avenues
available. This bill does not eliminate an offender's
liability to pay restitution, fines, and other fees
imposed to them through the criminal justice system.
Senate Bill 195 also adds a mechanism for Alaskan's to
donate to the crime victims compensation fund through
the Pick.Click.Give. Program.
Additionally, Senate Bill 195 extends the opt-out
period of victims from 30 to 90 days from receiving
help from the State of Alaska to collect restitution
and adds language authorizing use of the funds for
substance abuse and mental health services for
offenders.
Senate Bill 195 will reestablish victim restitution as
our highest priority.
MR. WHITT said a current report from the Council on Domestic
Violence and Sexual Assault (CDVSA) indicates that 59 percent of
adult women in Alaska have experienced domestic violence or
sexual violence in their lifetime. Alaska ranks number one in
the country in this regard and compensation claims increase
every year. The 2017 Violent Crimes Compensation Board (VCCB)
report shows that a majority of victims compensated through VCCB
funds are women and children. Most of the children that are
compensated through the fund are victims of sexual assault and
sexual abuse.
He explained that compensation is intended to meet the immediate
needs associated with the individual's victimhood, whereas
restitution occurs after a conviction and is established by the
court. A recent report shows there is $129 million in
outstanding restitution payments. Before 2010, appropriations
from the criminal fund were split evenly between victims of
crime and other eligible entities. Since then, the majority of
funds appropriated from the criminal fund have gone to the
Department of Corrections to pay for medical services of
inmates. Less than 15 percent goes to the compensation of
victims. Both the sponsor of SB 195 and the sponsor of the
companion bill, HB 216, want to ensure that victims and victims'
compensation are protected moving forward.
4:06:48 PM
CHAIR COGHILL asked Mr. Giorgana if he had anything to add.
4:07:15 PM
ERIC CORDERO GIORGANA, Staff, Representative Chuck Kopp, Alaska
State Legislature, Juneau, Alaska, stated that HB 216, the
companion to SB 195, recently passed the House Finance Committee
and will hopefully reach the floor very soon. These bills return
to the legislative intent that created the criminal fund in
1988. It was meant to compensate crime victims through the
Violent Crimes Compensation Board. Currently, about 99 percent
of the fund is used to pay for inmate health care. He noted that
a few years ago former Senator Fred Dyson introduced a similar
bill that passed the Senate unanimously.
CHAIR COGHILL said he wanted the full committee to be present
when the fiscal note is discussed.
4:08:50 PM
CHAIR COGHILL held SB 195 in committee for future consideration.