Legislature(2017 - 2018)CAPITOL 106
04/11/2017 03:00 PM House HEALTH & SOCIAL SERVICES
Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
Audio | Topic |
---|---|
Start | |
HB159 | |
HB25 | |
HB118 | |
SB32 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 118 | TELECONFERENCED | |
+ | SB 32 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 159 | TELECONFERENCED | |
+= | HB 25 | TELECONFERENCED | |
HB 118-COMPENSATION FOR WRONGFUL CONVICTION 3:39:18 PM CHAIR SPOHNHOLZ announced that the next order of business would be HOUSE BILL NO. 118, "An Act relating to compensation for wrongful conviction and imprisonment." 3:39:46 PM OLIVIA GARRETT, Staff, Representative Scott Kawasaki, Alaska State Legislature, presented proposed HB 118 on behalf of the bill sponsor, Representative Kawasaki. She stated that HB 118 would create an administrative process so that those who were wrongfully convicted of crimes and subsequently served time in prison would be able to apply for compensation for time served. She paraphrased from the Sectional Analysis [Included in members' packets], which read: Section 1. Amends AS 44.29.20 by adding a subsection that directs the Department of Health and Social Services to establish a re-entry program to assist wrongfully convicted persons in obtaining mental health services, including treatment for post- traumatic stress disorder. Section 2. Provides that every claim of reimbursement for wrongful conviction and imprisonment shall be promptly presented to the appropriate administrative or executive officer of a department or branch for approval or payment. Section 3. (a) Establishes that a person must file a claim with the attorney general to receive compensation, and must show by preponderance of the evidence that they were convicted of one or more offenses and served any or all of the resulting sentence and: (1) either the conviction for the resulting sentence was vacated or reversed and the charges were later dismissed or the person was retried and found not guilty, or the person was pardoned. (2) the person did not commit any of the crimes of which they were convicted, commit perjury, get another person to commit perjury or fabricate evidence. A false confession, admission, or guilty plea does not entitle a person to compensation for wrongful conviction. (b) States that compensation for wrongful convictions only extends to the specific case and does not include compensation for a concurrent sentence. (c) States that individuals receiving compensation for wrongful conviction will receive $50,000 dollars for each year of imprisonment up to a lifetime total of $2,000,000. (d) States that a person who has received compensation for wrongful conviction by the State of Alaska may not bring any further action to the state or municipalities regarding the same subject matter for which they have received compensation. (e) States that an individual must file a claim for compensation within 2 years after their exoneration, however the attorney general may authorize payment for a claim filed past that time if they determine that there is good cause for delay. (f) Lists social services and programs a person receiving compensation for wrongful conviction is entitled to. 1) Reentry services as provided by the Department of Health and Social Services under AS 44.29.020. 2) Tuition and fees at any University of Alaska campus for themselves and any children or stepchildren ages 17-26. 3) 3 years of job training services through appropriate state programs. 4) Up to 10 years of state funded healthcare coverage. 5) Economic damages including lost wages and attorney fees. (g) States that all compensation provided under this section, except for awarded attorney fees, is exempt from taxation and that it may not be used to offset expenses incurred by the state in providing services to the person during their imprisonment. Section 4. The claimant may appeal the decision through the Department of Administration and they may obtain a judicial review of the decision. Amends AS 44.77.040(c) so that anyone who is denied a claim for wrongful conviction compensation is prevented from taking further action against the state for the same claim. Section 5. Claims made for compensation for wrongful convictions fall under claims and appeals procedures under AS 44.77.010- 44.77.060 even if a department or branch already has separate claims and appeals procedures. 3:43:44 PM REPRESENTATIVE JOHNSTON asked for the list of states that already had some form of the proposed bill. MS. GARRETT, in response, offered her belief that 31 states, as well as the District of Columbia, provided for wrongful conviction compensation. REPRESENTATIVE JOHNSTON asked how this would integrate into the court system. She offered her belief that once a wrongful conviction was recognized by the courts, it became a legal issue for how to compensate and what was done in each matter, as part of the settlement. She asked if the proposed bill would supersede any legal discussion. MS. GARRETT asked for further clarification. REPRESENTATIVE JOHNSTON opined that there had been negotiation and settlement at the court level. 3:45:45 PM KACI SCHROEDER, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law, asked for clarification of the question. REPRESENTATIVE JOHNSTON in response, questioned whether the legal process for wrongful conviction would be superseded by the proposed bill, and she expressed her concern that the proposed bill was overstepping. MS. SCHROEDER stated that the department did not see this as limiting anything in the settlement context. 3:47:36 PM REPRESENTATIVE JOHNSTON asked if, in other states with this legislation, had this decreased the state's liability for wrongful convictions. MS. GARRETT replied that she did not have the information but that she would provide it to the members. 3:48:31 PM BARBARA BRINK, Alaska Innocence Project, stated her support of the proposed bill. She shared her background as a state and federal public defender for more than 30 years, representing indigent people who were accused of crimes and then tried in the state and federal courts. She offered her belief, in review of compensation statutes in other states, that the proposed bill had taken "the best bits that other states have tried, and not taken the parts that haven't been successful." She opined that 32 states and the federal government "already try to make whole those who have been wrongfully convicted and then exonerated with their own compensation statutes." She pointed out that the proposed bill would fill a recognized need for Alaska. She stated that the proposal to provide a reentry service program, assist with job training and skills, tuition and fees, and 10 years of health insurance were especially needed when a person was released from custody after a long period of incarceration. She noted that these people had lost touch with societal expectations, pointing out how difficult this could be for someone. She reported that the annual $50,000 compensation was in the "middle of the pack of what other jurisdictions provide for the wrongfully convicted." She offered some examples from California, Texas, and Colorado. She reported that the federal government paid $50,000 for each year of incarceration, and $100,000 for each year if someone had been on death row. She added that most states allowed for inflation adjustment. She offered her belief that it was beneficial to have public recognition by the government for the harm inflicted on people who were wrongfully convicted. She stated that the proposed bill was an assurance to the public that the state government would take ownership of the errors, and that the state was working to ensure the integrity of the criminal justice system. She opined that this was good for the state, as it was an exclusive remedy, comparing it to the workers' compensation statute. She pointed out that this could reduce the liability for a state as it would no longer be bombarded by lawsuits from those who had been exonerated. She reported that it was estimated that between 8 and 12 percent of individuals in the criminal justice system had been wrongfully convicted. She stated that this was a uniform, fair, equitable procedure to allow for some compensation for the wrong that had been done. 3:53:53 PM REPRESENTATIVE TARR asked for other examples of cases. MS. BRINK replied that the Fairbanks 4 case was the only case the Innocence Project had obtained in Alaska for exoneration. She noted that the appellate process could also bring exoneration, although she had no records for the numbers of cases each year. 3:54:56 PM CHAIR SPOHNHOLZ shared that the proposed bill simplified things from the state perspective as it allowed exact knowledge of the promises to those wrongfully convicted. She asked if there were any specific elements which were key to ensure people's success to get over the trauma for loss of freedom as they move forward. 3:56:02 PM MS. BRINK, in response, said that the first provision to provide assistance through the Department of Health and Social Services was one that many states had neglected to include, noting that even financial compensation did not guarantee success to exonerees. She offered her belief that the proposed bill did well in setting forth the grounds that would show exoneration and what would not demonstrate exclusion. She lauded Section 3 which covered all the issues which had gone wrong in other states. 3:57:36 PM REPRESENTATIVE JOHNSTON asked about the indeterminate fiscal note, and she asked about the payments made outside the Department of Law's operating appropriation. She asked what the source of funds would be. 3:58:33 PM MS. SCHROEDER, in response, explained that this would clarify that the payments would not come from the Department of Law budget; although the settlement negotiations and subsequent settlements would appear as a budget request from the general fund. 3:59:34 PM DON HABEGER, Community Coordinator, Juneau Reentry Coalition, referred to a pamphlet [Included in members' packets] and explained that the Juneau Reentry Coalition was a collaboration of individuals, community stakeholders, public and not for profit agencies, and faith-based business partners who were united in commitment to reduce recidivism among ex-offenders returning to the community of Juneau. He reported that the coalition was a small group effort that got started in 2013 and grew into a larger effort with a steering team, community membership, and eight different work groups, which he listed. When the work group reports come back to the coalition, there was work to resolve these issues. He mentioned the current partnerships with the Alaska Mental Health Trust Authority, the Department of Corrections, and the Department of Health and Social Services. He noted that these partnerships included a re-entry case manager from Department of Health and Social Services who worked with Department of Corrections, utilizing a pre-release form for work on all the issues and services needed to enter the community successfully. He reported that, upon release, a plan for securing resources and successful use of supports and treatments was put into place. 4:05:28 PM DIANE CASTO, Behavioral Health Policy Advisor, Division of Behavioral Health, Department of Health and Social Services, expressed support for the proposed bill, and explained that the proposed bill mentioned the Department of Health and Social Services for mental health services, including post-traumatic stress disorders, and for re-entry services. She directed attention to the 10 years of state funded coverage. She reported that re-entry work was already in progress, and that Medicaid Expansion had provided coverage for almost all individuals leaving the correctional system, offering mental health services and Medicaid services. She noted that there was a re-entry center in Anchorage for partners, as well as coalitions in Fairbanks, Matanuska-Susitna, Juneau, Kenai, Nome, and Anchorage. She added that there was active solicitation for three additional communities, which included Dillingham, Bethel, and Ketchikan. She explained that these coalitions were a group of people, services, and agencies in the community committed to doing this work and ensuring that individuals had the best opportunity possible when leaving a correctional institution. She listed jobs, housing, and treatment as the highest priorities for individuals. MS. CASTO moved on to discuss the proposal for state funded health coverage for 10 years and offered her belief that this had to be equivalent to medical assistance services available in AS 47.07.030, the Medicaid program. She offered clarification for what was currently doable and what might be doable even though it had not yet been fully examined. She relayed that most individuals covered by the proposed bill would be Medicaid eligible, as the compensation would be tax deductible and "would not count against this individual being eligible for Medicaid." This would allow for immediate enrollment, with coverage for treatment and health care services. She explained that it became more complicated as they began to make more money, as they would move out of the eligibility range for Medicaid. She pointed out that it would become necessary to determine what kind of insurance coverage was intended in the proposed bill. She offered the possibility for the Division of Insurance, (Department of Administration), to purchase health care equivalent to Medicaid. She suggested that a state only Medicaid funded program, solely for this use which would not use federal money, could be set up. She declared a need for this to be further examined so that the Department of Health and Social Services (DHSS) was clear for its responsibilities. She pointed out that DHSS did not offer any insurance other than Medicaid. 4:14:12 PM CHAIR SPOHNHOLZ announced that HB 118 would be held over.
Document Name | Date/Time | Subjects |
---|---|---|
HB 159 Sectional Analysis ver A 3.6.17.pdf |
HHSS 3/18/2017 3:00:00 PM HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB0159 ver A 3.6.17.pdf |
HHSS 3/18/2017 3:00:00 PM HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB159 Fiscal Note DHSS-PHAS 3.6.17.pdf |
HHSS 3/18/2017 3:00:00 PM HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB159 Sponsor Statement 3.6.17.pdf |
HHSS 3/18/2017 3:00:00 PM HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB159 Supporting Document - Letter from Alaska Dental Society.pdf |
HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB159 Supporting Document - PDMP side by side comparison 3.23.17.pdf |
HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB159 Supporting Document - Opioid Bill FAQ 3.23.17.pdf |
HHSS 3/25/2017 3:00:00 PM HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB 159 Governor's Amendment.pdf |
HHSS 3/30/2017 3:00:00 PM HHSS 4/4/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB 159 Draft Proposed Proposed Amendment J.1 4.6.2017.pdf |
HHSS 4/8/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB 159 Draft Proposed Blank CS ver J 4.6.2017.pdf |
HHSS 4/8/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 159 |
HB025 Sectional Analysis ver A 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Opposing Document-Letter NFIB 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Sponsor Statement 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-ADN Commentary 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Cost Savings Study 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Guttmacher Alaska Statistics 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Guttmacher Public Costs from Unintended Pregnancies 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-HB025 Support Emails 2.27.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter Kachemak Bay Family Planning Clinic 2.23.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter League of Women Voters Alaska 2.24.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-UCSF Study Newspaper Article 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Unintended Pregnancies Study 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 ver A 2.16.17.PDF |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter Planned Parenthood Votes Northwest & Hawaii 2.16.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Fiscal Note DHSS-DHCS 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Fiscal Note DCCED-DIO 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Opposing Document-America's Health Insurance Plans 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter Dr. Tina Tomsen 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Support Emails 2.27.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Fiscal Note DHSS-Medicaid Services 2.28.17.pdf |
HHSS 2/28/2017 3:00:00 PM HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-HB025 Support Emails 3.7.17.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Opposing Document-Letters of Opposition 3.8.2017.pdf |
HHSS 3/9/2017 3:00:00 PM HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Summary of Changes ver J 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Proposed Blank CS ver J 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-HB025 Support Emails 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter Alaska Pharmacists Association 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter ANDVSA 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter APRN Alliance 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
HB025 Supporting Document-Letter Tanana Chiefs Conference 4.5.17.pdf |
HHSS 4/6/2017 3:00:00 PM HHSS 4/11/2017 3:00:00 PM |
HB 25 |
SB032 Fiscal Note DOCCED 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM |
SB 32 |
SB032 Sectional Analysis ver J 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
SB 32 |
SB032 Opposing Document-Opposition Letters 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
SB 32 |
SB032 Sponsor Statement 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
SB 32 |
SB032 Supporting Documents-Support Letters 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
SB 32 |
SB032 ver J 04.04.17.pdf |
HHSS 4/11/2017 3:00:00 PM |
SB 32 |
HB 118 Sponsor Satement 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Document - Doyon support letter 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Document - Medical Compsensation by State 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Document - PBS Article 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Document - Support letters 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Document - TCC letter of support 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Supporting Documents 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 ver A 4.10.2017.PDF |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Fiscal Note DHSS--BHTRG 4.10.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Fiscal Note DOL--CJL 4.10.17.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |
HB 118 Sectional Analysis ver A 4.10.2017.pdf |
HHSS 4/11/2017 3:00:00 PM HHSS 4/13/2017 3:00:00 PM |
HB 118 |