Legislature(2001 - 2002)
02/08/2002 01:05 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 332 - EXTENDING COUNCIL ON DOMESTIC VIOLENCE Number 0050 CHAIR ROKEBERG announced that the first order of business would be HOUSE BILL NO. 332, "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." Number 0071 REPRESENTATIVE CON BUNDE, Alaska State Legislature, sponsor, explained that HB 332 would extend the Council on Domestic Violence and Sexual Assault (CDVSA) to June 30, 2006. He noted that last [fiscal] year, the CDVSA provided services to over 7,000 Alaskan women and children, giving them safe shelter throughout the state for a total of over 50,000 "shelter nights." He mentioned that an audit conducted by the Legislative Audit Division suggested the sunset extension. REPRESENTATIVE MEYER asked if it is typical to extend sunsets four years at a time. REPRESENTATIVE BUNDE said that in his experience, it is. REPRESENTATIVE OGAN asked whether all of the concerns raised by the Legislative Audit Division's audit have been addressed by the CDVSA. REPRESENTATIVE KOOKESH, after noting that the sponsor's statement makes reference to providing services for perpetrators, asked what those services entail. REPRESENTATIVE BUNDE said that there is a "batterers' program" in which perpetrators are encouraged to change their behavior. Number 0421 SUSAN SCUDDER, Executive Director, Council on Domestic Violence and Sexual Assault (CDVSA), Department of Public Safety (DPS), said that the CDVSA strongly supports the extension of the sunset date. It provides a critical service [pertaining to] the public safety of Alaskans, particularly Alaskan women and children, and provides prevention services to perpetrators of domestic violence. She noted that of the five recommendations made as a result of the audit performed on the CDVSA, one is the extension of the sunset date. CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 1, which said: "The legislature should amend the Council on Domestic Violence and Sexual Assault's statutes related to appointment of council members." He asked Ms. Scudder to speak to that issue. MS. SCUDDER explained that the current statute regarding appointment of council members requires the Alaska Network on Domestic Violence & Sexual Assault (ANDVSA), which is a nonprofit coalition of the programs served by the CDVSA, to submit a list of recommended persons to the governor, and requires the governor to appoint three persons to the council after consultation with the ANDVSA. However, the governor is not required to choose the appointees from the ANDVSA's list; rather, he/she must simply consult with the ANDVSA. She noted that it is fairly standard practice for the governor to consult with the experts in any field when making appointments to boards or commissions. She said that the CDVSA does not feel that the statutes need to be changed since the governor only consults with the ANDVSA and does not have to follow its recommendations regarding appointees; "in fact, precedent shows there have been governors who have appointed people who were not recommended by the [ANDVSA]." REPRESENTATIVE OGAN referred to the audit's statement that an apparent conflict of interest exists when a council member reviews, evaluates, approves, and monitors a grant to the same non-profit corporation that was responsible for recommending that individual for council membership. MS. SCUDDER said: The way that this works is the [ANDVSA] puts out the word to all the programs that there is an opening, and then the programs themselves have a specific protocol that they use - an evaluation process - and they recommend people to the [ANDVSA], and then the [ANDVSA] will recommend people to the governor. The people who are recommended by the individual programs may indeed have had an affiliation with any of those programs in the past. In fact, on our current [council], one of our more recent appointments used to be on the board of STAR [Standing Together Against Rape] in Anchorage, and actually had to resign that position in order to serve on the council. [Because we want to have people who are informed on the issue], ... that same perceived conflict of interest could occur with many people who have served on the council: that they will have had an affiliation with a domestic violence or sexual assault program somewhere in the state at some point in time.... REPRESENTATIVE MEYER asked how the CDVSA interacts with groups like Star. MS. SCUDDER explained that the CDVSA provides funding to those programs, mostly through federal grants, and then provides oversight of the grants to ensure that the programs are fulfilling all the requirements of the grants. Number 0740 DEL SMITH, Deputy Commissioner, Office of the Commissioner, Department of Public Safety (DPS), added that the CDVSA, of which he is a member, is intended to serve not only as a funding body, but also as a center of information about related subjects. He noted that the CDVSA does maintain ongoing discussions with the different programs across the state. CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 3, which said: "The legislature should amend AS 18.66.050 referring to the council hiring staff, and the council should address personnel issues and promote strong leadership by the executive director." He asked Ms. Scudder to comment. MS. SCUDDER explained that current statute says that the council shall hire an executive director and staff, but in practice, that is not what happens. The council hires the executive director who then hires the staff; there have not been any cases where the council has directly hired staff. CHAIR ROKEBERG asked why the CDVSA has not sought a statutory change regarding that issue. MS. SCUDDER replied that "it hasn't been posing a problem." MR. SMITH added that although he has been a member of the council for the past seven years and is aware of what the statute says, "it never occurred to me that I wanted to be involved, or [that] any member of the council wanted to be involved in the selection of staff for the executive director." He said that it just seemed like an unnecessary change because, in practice, the council has interpreted the statute to mean that the council hires the executive director who then hires his/her own staff. CHAIR ROKEBERG remarked that this practice, in essence, is an example of the administration interpreting and following, as it sees fit, the laws passed by the legislature. He noted, however, that although the current practice is working, the statute should be changed to reflect "reality." REPRESENTATIVE KOOKESH agreed that the statute should be changed to reflect the current practice. He added that since he puts a lot of faith in the people he hires, if he hired an executive director, for example, he'd expect that executive director to hire the appropriate staff. CHAIR ROKEBERG noted that the audit does recommend a statutory change to this effect, and that he prefers the administration to follow what the statutes say. REPRESENTATIVE JAMES said she agrees with Representative Kookesh; when hiring a leader, it is important for that leader to have employees that he/she can work with. She, too, opined that the statute should be changed to reflect current practice. Number 1016 CHAIR ROKEBERG referred to the Legislative Audit Division's Recommendation No. 4, which said, "The council should address statutory responsibilities that relate to consultation with the Department of Health and Social Services (AS 18.66.050(12)) and other entities and organizations (AS 18.66.050(14))." He asked Ms. Scudder to comment. REPRESENTATIVE COGHILL interjected to suggest that Recommendation No. 4 and Recommendation No. 5, which said: "Council members and the executive director should consult with the Department of Education and Early Development, school district representatives, and grantees who have worked toward curriculum development to create a comprehensive standardized curriculum to be used within the schools across the state," could be rolled into a "communication discussion between agencies." CHAIR ROKEBERG offered Ms. Scudder the opportunity to address both recommendations together. MS. SCUDDER said that Recommendation No. 4 asked that the council work with the Department of Health & Social Services (DHSS) on the training of healthcare professionals in identifying and treating cases of domestic violence and sexual assault. She explained that the council has had a role in this [training]; the DHSS has an ongoing program - The Alaska Family Violence Prevention Project - and at its inception as a ten- state test program, the CDVSA sat on the program's advisory board. She said she is not sure "exactly what happened in the audit on that," but the healthcare professionals in Alaska are receiving training on these issues already. She added that the CDVSA was at the table when this program was first set up, can certainly take a more active role in the ongoing process of the program, and will do that with the DHSS. MS. SCUDDER mentioned that the second part of [Recommendation No. 4] pertains to mandatory training for certain types of employees - including employees of the court, judges, and private employees - on issues of domestic violence. She explained that the CDVSA has also had a role in that training through one of the grants that it administers - the "Violence Against Women Act" grant - and one of the portions of that training this year is to have judges receive training on domestic violence issues. Thus, she assured the committee, some of this aspect of Recommendation No. 4 is already being addressed, and the CDVSA will take a look at the training to ensure that it is comprehensive and meets the needs [of participants]. Number 1153 MS. SCUDDER said that Recommendation No. 5 pertained to working with the Department of Education and Early Development (EED) to develop a statewide curriculum on domestic violence and sexual assault issues. She explained that historically, the CDVSA has left it to the individual programs funded by the CDVSA to [create] curriculums that are tailored to their regions. She reiterated that the activity recommended in the audit is happening; the programs are in the schools, but the curriculum has not been [created] by the CDVSA. She noted that the CDVSA will, however, gather the materials that are already being used around the state, and will work with the EED to come up with at least a base model that school districts can use if they want to - but, once again, letting the individual programs in the [different] areas add information that is specific to those areas to ensure that cultural and other local, relevant issues are addressed. CHAIR ROKEBERG asked whether curriculum requirements are a matter of federal law. MS. SCUDDER said she did not know. In response to a question pertaining to what is taught in the classroom regarding sexual assault and domestic violence, she explained that the recommendation of the CDVSA is to start age-appropriate education in the school system; part of the solution is breaking a cycle, and part of breaking a cycle is education. MR. SMITH added that what is intended of the curriculum in the schools is to break the cycle of violence, to teach that violence is not the answer to resolving problems; that is what the curriculum is focused on, not necessarily on sex education. REPRESENTATIVE JAMES asked whether any assertiveness training/education is being offered. MS. SCUDDER said yes; in the programs throughout the state, counseling services are offered to victims of domestic violence and sexual assault, and part of those services include empowering people so that they can become stronger advocates for themselves. Number 1387 REPRESENTATIVE OGAN mentioned that for years, he'd served on the "public finance subcommittee," noting that at the time, that subcommittee felt that the batterers' issue was not receiving enough emphasis. He said he is disappointed to see, years later, that the audit is pointing out the same weaknesses regarding the batterers' program, and he surmised that perhaps this issue is not a priority for the council. MS. SCUDDER countered that the CDVSA funds seven community- based, nonprofit batterers' programs, and three [batterers'] programs in the prisons. So it is not that batterers' issues aren't being addressed, she added; "it is fairly new to the council - we've only been doing this for three years - but it is something that we are addressing." REPRESENTATIVE OGAN opined that a lot of things done by the CDVSA merely address the problem after the fact. He also opined that the batterers' program is the one preventative program that goes to the root of the problem. He suggested that more money, time, and resources should be spent on the people who are perpetrating these crimes, rather than on just trying to make the victims whole. MR. SMITH confirmed that initially, the CDVSA was not spending anything on the batterers' programs; then the CDVSA was able to spend $200,000 and now it spends $360,000. He added his belief that there is a recommendation/request for funds in the governors budget this year as well. He explained that the problem is that "you've got to spend out of both pockets for a while." He continued: I want to break the cycle of violence, as every member does that's involved in this, and certainly batterers' intervention and changing their behavior is an appropriate approach. But I cannot leave women on the street who are not protected. So I need to spend money on shelters also. I'd spend every dime you're willing to give us for batterers' intervention, in addition to what we already get. Number 1563 JAMES WELCH, Chief of Police, City of Fairbanks, testified via teleconference and stated simply that the Fairbanks Police Department (FPD) is in support of extending the sunset for the CDVSA because the council performs some very important and necessary work throughout Alaska and because the council's support and guidance are needed throughout the law enforcement community. Number 1599 BRENDA STANFILL, Executive Director, Interior Alaska Center for Non-Violent Living (IAC), testified via teleconference. She noted that the IAC has a community-based batterers' intervention program as well as a program in the prison. She spoke in support of extending the sunset for the CDVSA, noting that she has been with her organization for six years and thus has had an opportunity to see what the CDVSA has accomplished. She said that the IAC definitely appreciates the support and oversight provided by the CDVSA; "they come in every two years, at least, go through our records, make sure we're doing what we say we're going to be doing, [and], in addition to that, they're great at providing support when we're having issues." Number 1673 WINIFRED KELLY, Tundra Women's Coalition (TWC), testified via teleconference, asking the committee to extend the sunset on the CDVSA. She said that the CDVSA funds programs that are very important and much needed in Alaska. She relayed that although CDVSA-funded programs have many success stories, the TWC is still receiving calls from victims who need services; in 2001, for example, 718 crisis calls were taken, and 1,969 shelter nights were provided. She noted that in the Yukon-Kuskokwim Delta, the TWC is a strong community resource that provides necessary education and outreach services, in addition to crisis intervention services. She extended her thanks to Representative Bunde for sponsoring HB 332, and to the committee for holding the hearing on it. Number 1734 ARLEATA SNELL testified via teleconference, asking the committee to extend the sunset on the CDVSA. Speaking as a victim of domestic violence, she noted that it is very important for communities to have safe places for victims and their families to go to. Number 1765 BURT COTTLE, Mayor, City of Valdez, testified via teleconference in support of extending the sunset on the CDVSA. He recounted that he has lived in Valdez for 28 years; has worked in the police department for 22 years, 8 years as chief of police; has served on the city council for 3 years, 2 years as mayor; and has spent 2 years on the board of Advocates for Victims of Violence (AVV). Speaking as both the mayor and as a private citizen, he said that he and the citizens of Valdez support the AVV in the following ways: The city of Valdez, in 1998 and 1999, donated $215,000 for the purchase and building of a new domestic violence shelter; the city has funded $37,000 per year for the past 15 years-plus; in 2001, two local fundraisers were held that raised over $85,000 to "pay off the building here in town"; and United Way, for the past 10 years-plus, has donated $30,000-$40,000 each year towards domestic violence issues. He noted that when he travels to Juneau in his capacity as mayor, he stops by the CDVSA and speaks with them directly to ensure that Valdez is doing everything possible to curb domestic violence. In conclusion, he stated that domestic violence has not ended, and that simply throwing people in jail is not sufficient, since there has been no intervention. He added that the CDVSA is part of that intervention. Number 1847 CATHERINE VAARA, Executive Director, Advocates for Victims of Violence (AVV), testified via teleconference in support of [extending the sunset on] the CDVSA. She said that the CDVSA has made a significant difference in many people's lives in the Valdez area, as well as throughout Alaska: saving people, housing them, and helping them to find the resources they need in order to get on with their lives. The CDVSA has had a significant role in terms of expanding public awareness; "they are a voice for us," she said, adding that the CDVSA has also had a significant role in terms of providing technical assistance. She relayed that the CDVSA has supported AVV with its efforts regarding three successful children's programs: the Peacemakers Program specifically addresses bullying issues in schools; the Strong Girls Program addresses issues of self- esteem and advocates for developing strong peer-group support; and a "teen talk group" provides a very significant service for teens in the area. She added that the AVV is currently working with the Valdez Counseling Center in developing a very strong [batterers'] intervention program. She relayed that the CDVSA has been instrumental in providing a marvelous network throughout Alaska, linking up the AVV with 23 other domestic violence programs. She concluded by saying she fully supports the continuance of the CDVSA. Number 1919 GRACE BROOKS, Executive Director, Sitkans Against Family Violence (SAFV), testified via teleconference in support of extending the sunset of the CDVSA. She said that it is imperative for Alaska to make a stronger commitment to ending violence against women and children, and extending the CDVSA is a way to demonstrate that commitment. She remarked that the CDVSA is able to leverage federal funds, provides technical assistance to the many programs around the state, and, most importantly, provides resources to victims and survivors in order that they may build safe lives for themselves and their children. Number 1942 DEB KNAFF, Sitkans Against Family Violence (SAFV), testified via teleconference, urging the committee to extend the sunset on the CDVSA so that it may continue working with all the programs around Alaska. With Alaska being such a huge state, the CDVSA has been integral in providing services that keep women and children safe. She noted that she also has a letter from Louise Howitzer (ph) that she will fax to the committee. Number 1980 DAWN COYKENDALL testified via teleconference in support of extending the sunset on the CDVSA. She noted that as a victim of domestic violence, the CDVSA has been invaluable to her. She recounted that previous to living in Sitka, she lived in Florida but did not receive services there because she was not aware that such services even existed. Now, because she lives in Sitka and because of the CDVSA and the money it provides, she explained that she is able to carry on with her life in a nonviolent environment; awareness of safe shelters through community education has been invaluable to her. She said: I've had need to use the shelter, I've had need to use their services, and without them I would still be living in a domestically violent situation. Without them I would have not had legal help to protect myself from my husband's violence, I would not have understood what domestic violence really is, and I would not have had the services that have been provided for my husband to make him aware of his own violent acts. I appreciate this council and the funds that they have provided, and I am especially grateful for the safe shelter and the services provided by them. Number 2060 GINGER BAIM, Director, Safe and Fear-Free Environment (SAFE), testified via teleconference, and noted that SAFE, a domestic violence program, provides services to the entire Bristol Bay region - about 33 villages. She said that she is in support of HB 332 because SAFE depends on the CDVSA to keep the program going. She continued: As you may have heard, it's been pretty rough out here in Bristol Bay the last few years. The failing of our fishing industry has had a devastating affect on many of our communities, and one measure of that problem is that SAFE provided nearly as many shelter nights in the first quarter of fiscal year [FY] '02 [as] we provided in all of fiscal year '01. In addition to the SAFE shelter, we also have a residential care facility for children, in state custody, that's operated in the same building as our domestic violence program. We have a Sister's Program, which is a treatment and shelter program set up specifically for women - with children - who are battered and chemically dependent. We have a fetal-alcohol-syndrome prevention program where we provide childcare for any parent, but particularly for young women who are attempting to go into after-care treatment or evening treatment, [and] we provide childcare and transportation for them. We have an active children's program. We have an active village outreach program; we have at least two trained volunteers in 24 of our 33 villages, and we have four part-time paid advocates in 4 of our villages. MS. BAIM also said: Our board of directors consists of many people from our community, including two village residents [from] outside of Dillingham. We depend on the council [in order] to be able to provide these core services; the council's direction and oversight of our programs guarantees the most efficient and effective use of state resources. The council also helps to coordinate the efforts of other state, federal, and local agencies to enhance the safety of victims and to reduce domestic violence. We need them to continue their good work, and I urge you to pass HB 332 out of committee today with your positive support. Number 2153 JILL SIMPSON, Executive Director, Cordova Family Resource Center (CFRC), testified via teleconference in support of extending the sunset for the CDVSA. She said that the CDVSA is important to the CFRC because the community is isolated and must rely on the CDVSA's funding and support to transport some victims out of the community. She continued: Many of these people, if they didn't know there was a way out, would not be reporting domestic violence. So they would continue living with it. But, because we're able to offer them support and encouragement and a place to go outside of their community, we are getting a lot more reporting, and [are] able to support these families. The other aspect ... we consider important [is the] work we do in the schools. We concentrate ... on doing education and prevention; we're in the grade schools doing a bullying-prevention program ... trying to cut down on bullying behavior and build self-esteem. In the junior high and high schools, we concentrate more on discussion groups and educating students as to relationships and the pattern of domestic violence. A lot of people don't realize what can be called domestic violence, and [by] educating them in relationships as they get into girl/boy relationships a lot more, [we are] therefore coming from a prevention mode and not waiting until it's already happened. ... We rely on the council to support us in this - in these programs - and [to offer] us [the] support to be able to run our office. So I really encourage you to look at extending the council, thank you. Number 2235 NANCY SCHEETZ-FREYMILLER, Public Member, Council on Domestic Violence and Sexual Assault (CDVSA), testified via teleconference in support of extending the sunset on the CDVSA. She opined that the CDVSA is one of the best models for efficient and effective government. It's efficient in terms of the fact that there are four state departments working together and with various programs on the issues of domestic violence and sexual assault. It's a model that is a leader in coordination and family response. She said that it's effective in the sense that she has seen people from all different political persuasions come together to try to stop domestic violence; she has seen them stop domestic violence by working with victims, by working with men, by working with children, and by dealing with everybody in the community. She noted that she has had women and children come up to her and say "Thank you, I now have a positive future," and she has had men come up to her and say "Thank you, I didn't want to be like this." Number 2316 BILL MILLER, Deputy Chief, Domestic Violence Coordinator, Anchorage Police Department (APD), Municipality of Anchorage, testified via teleconference, noting that as a representative of the chiefs of police from around Alaska, he is also on the committee that administers the "Violence Against Women Act" grant monies. He said that he is in support of HB 332 for two main reasons. The first has to do with rural law enforcement; [the CDVSA] helps with the distribution of monies from the "follow-up grant" to rural law enforcement and smaller police departments around the state for training in the areas of domestic violence and sexual assault. "As many of you know, with the smaller departments and the constricted budget, this money and the training that it provides becomes extremely important to those law enforcement officers and the communities that they serve," he noted. The second reason is that [the CDVSA] provides a mechanism for coordination among law enforcement, advocates, and other departments that deal with the victims and the perpetrators of domestic violence and sexual assault. He opined that [the CDVSA] offers a fine example of the mechanism that provides for coordination amongst government agencies. CHAIR ROKEBERG asked of the sponsor's representative, Patti Swenson, if there was a reason the sponsor did not incorporate the legislative auditor's recommendation to modify the statute as it pertained to the hiring of staff. Number 2397 PATTI SWENSON, Staff to Representative Con Bunde, Alaska State Legislature, sponsor, on behalf of the sponsor, explained that Representative Bunde spoke with the executive director of the CDVSA about that recommendation, and at that time, he felt it would not be necessary to incorporate such a change. She added that the sponsor would not object to such a change if it is the will of the committee to amend HB 332. CHAIR ROKEBERG noted that there is some consensus among the committee that the auditor's recommendation should be incorporated into HB 332. In order to allow the sponsor the opportunity to develop a committee substitute (CS), Chair Rokeberg announced that HB 332 would be held over.
| Document Name | Date/Time | Subjects |
|---|