Legislature(2021 - 2022)GRUENBERG 120
01/21/2022 01:00 PM House JUDICIARY
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 | |
| HB183 | |
| HB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 183 | TELECONFERENCED | |
| *+ | HB 51 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 183-CRIMINAL JUSTICE DATA ANALYSIS COMMISSION
1:01:44 PM
CHAIR CLAMAN announced that the first order of business would be
HOUSE BILL NO. 183, "An Act renaming the Alaska Criminal Justice
Commission the Alaska Criminal Justice Data Analysis Commission;
relating to the membership of the Alaska Criminal Justice Data
Analysis Commission; relating to the powers and duties of the
Alaska Criminal Justice Data Analysis Commission; extending the
termination date of the Alaska Criminal Justice Data Analysis
Commission; relating to the duties of the Judicial Council;
providing for an effective date by amending the effective date
of secs. 41 and 73, ch. 1, 4SSLA 2017; and providing for an
effective date by repealing the effective date of sec. 74, ch.
1, 4SSLA 2017."
CHAIR CLAMAN, as prime sponsor, stated that the bill would
require a modification to reflect the 2021 sunset date of the
Alaska Criminal Justice Commission. He spoke about a committee
substitute, labeled "32-LS0645\I, Radford, 1/21/22," and stated
that there would be an additional committee substitute
forthcoming.
1:02:53 PM
LIZZIE KUBITZ, Staff to Representative Matt Claman, Alaska State
Legislature, on behalf of Representative Claman, prime sponsor,
offered information regarding the aforementioned committee
substitute to HB 183 [which was never moved for adoption as a
working document]. She stated that the committee substitute
before the committee reflected the changes to the termination
date of the Alaska Criminal Justice Commission (ACJC) and
related statutory changes and would enact the Alaska Criminal
Justice Data Analysis Commission (ACJDAC). She explained that
Section 4 had been changed to specify that the victims' rights
advocate member of the commission be designated by the Alaska
Network on Domestic Violence and Sexual Assault (ANDVSA).
CHAIR CLAMAN recommended against adopting the committee
substitute due to a forthcoming, updated committee substitute.
1:05:22 PM
REPRESENTATIVE EASTMAN asked the rationale for capitalizing some
references to the term "commission" and not to others within the
title and body of the bill and whether it would permit there to
exist multiple commissions.
CHAIR CLAMAN answered that it was likely a matter of drafting
style, and the intent was not to create more than one
commission.
REPRESENTATIVE EASTMAN referred to page 3 on line 22 referencing
the member from the Department of Law. He noted that the Deputy
Attorney General would be the designee, rather than the Attorney
General, and asked whether that could create conflict [within
the Department of Law.]
CHAIR CLAMAN answered that the change in the member designation
had been made at the suggestion of the ACJC as the deputy is the
position directly engaged in criminal prosecutions. He stated
that there had been no precedent of a conflict [within the
Department of Law.]
REPRESENTATIVE EASTMAN asked whether it had been considered the
effects of the retirement of the head of the ACJC and his
successor maintaining a differing viewpoint.
CHAIR CLAMAN answered that it had not been a point of
discussion.
1:09:09 PM
REPRESENTATIVE VANCE referred to Section 6, on page 10, line 22
and asked for information about the project described to study
risk factors.
CHAIR CLAMAN answered that the issue of risk factors had become
prevalent and had been included at the recommendation of the
ACJC to develop a working definition of "risk factor."
REPRESENTATIVE VANCE stated her understanding of examining data
and asked how the project referenced in Section 6 would differ
from the data analysis already taking place.
1:11:08 PM
SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council,
answered that the risk assessment study has been a practice of
the ACJC and referred to a report on the Alaska Judicial
Commission's website that depicts data analyses including charts
with methodology and findings.
REPRESENTATIVE VANCE asked whether the reference to a "project"
in Section 6 would be akin to what Ms. DiPietro had just
described.
MS. DIPIETRO confirmed that it was.
REPRESENTATIVE EASTMAN referred to language in Section 4, on
page 4, regarding the appointment of a victims' rights advocate.
He noted that current practice would be appointment by the
governor and asked whether the proposed bill would designate
ANDVSA as the appointing authority. He asked what the rationale
was to designate ANDVSA and not the governor as the appointing
authority.
CHAIR CLAMAN restated that the recommendation had been made by
ACJC and had been made to include an individual engaged in
working with victims' rights. He added that the appointment
would be made after consultation with ANDVSA's members and
partner organizations. He deferred to Ms. Stanfill to offer
additional information.
1:14:56 PM
BRENDA STANFILL, Executive Director, Alaska Network on Domestic
Violence and Sexual Assault, explained that ANDVSA is a
membership organization that represents domestic violence and
sexual assault programs throughout Alaska and may support
victims of other types of crimes. She answered the question
posed by Representative Eastman by explaining that a process was
established to ensure that diverse [victims' advocate]
organizations would be represented on the commission. She noted
that partner organizations include the Alaska Native Women's
Resource Center, Healing Native Hearts, Alaska Legal Services,
and the Alaska Native Justice Center. She noted that a formal
process had been established to select the representative
member.
REPRESENTATIVE EASTMAN asked whether there exists concern on the
part of ANDVSA that current or previous governors had not been
receptive to concerns expressed by ANDVSA.
MS. STANFILL answered that there had not been any consultation
with any groups during the selection of the victims' rights
representative on the council in the past.
CHAIR CLAMAN offered that interest had existed in achieving
expanded community involvement rather than solely political
involvement in selecting the victims' rights member.
REPRESENTATIVE EASTMAN asked for an explanation on the rationale
of the selection of members in the past.
MS. STANFILL answered that she had no insight into the rationale
applied in the selection of members by governors.
REPRESENTATIVE EASTMAN sought the answer from other individuals
present.
CHAIR CLAMAN stated that he had been a long-serving, ex-officio
member of the commission and could not offer insight on the
process of deciding the appointment by governors but offered
that Ms. Stanfill had been a previously appointed member. He
explained that Governor Michael Dunleavey had appointed the
father of a young girl who had been killed in Kotzebue. He
suggested that the latter appointment had suffered a great
personal loss; however, discussions had taken place indicating
that he may have lacked connection with victims' rights
organizations and ANDVSA. He stated his observation that the
commission had expressed an interest in victim's organizations
being represented.
1:19:23 PM
REPRESENTATIVE VANCE referred to language on page 4, line 13,
that listed the commissioner of the Department of Health and
Social Services and asked whether that would be a voting member.
CHAIR CLAMAN confirmed that it would be.
REPRESENTATIVE VANCE asked for an explanation of the rationale
for that decision.
CHAIR CLAMAN explained that there had been a period in which the
commissioner of the Department of Health and Social Services was
a nonvoting member, and that the commission had reached a
consensus that that member should have a vote in recognition
that the department engaged in services that pertained to issues
related to the department's functions.
REPRESENTATIVE EASTMAN asked, if the commissioner would hold a
voting seat, then what would be the rationale for the elected
officials listed in Sections 12 and 13 not holding a voting
seat.
CHAIR CLAMAN offered that, as recommended by Legislative Legal
Services, members of the legislature may later be asked to vote
on legislative matters pertaining to certain boards and
commissions and are customarily nonvoting members.
REPRESENTATIVE EASTMAN asked for an explanation of the
perception he held that the proposed bill would diminish the
governor's discretion in favor of ANDVSA.
CHAIR CLAMAN allowed that Representative Eastman's perception
was his prerogative and explained that public comments had been
sought to address the recommendations made by the Legislative
Audit Division to focus on data collection and analysis. He
referred to "item 15" in the bill and said that the intent was
to include an individual with "lived experience" as a convicted
person and would be appointed in consultation with the Attorney
General's office's designee. He stated his belief that the
changes were made to encourage further public engagement with
the commission.
REPRESENTATIVE KURKA expressed his concern that HB 183 would
expand a pattern of naming specific private organizations in
statute that may not have accountability to the public.
CHAIR CLAMAN answered that most of the groups were listed in the
existing statute and included members appointed by the court
system, the Alaska Native Justice Center, and the Alaska Mental
Health Trust Authority (AMHTA.) He stated that the only change
would be for the peace officer representative member to be
appointed by the Alaska Association of Chiefs of Police and the
victims' advocate representative member to be appointed by
ANDVSA.
REPRESENTATIVE KURKA reiterated that the points made by Chair
Claman were his concern as previously expressed and asked
whether that matter should be addressed in a separate bill.
CHAIR CLAMAN stated that the commission would likely suggest
that matter as a policy decision.
1:26:19 PM
REPRESENTATIVE VANCE stated that there existed several fiscal
notes and asked for a broad explanation of what would be
anticipated in regard to them.
MS. DIPIETRO explained that the Alaska Judicial Council staff
was concurrently serving as staff to the commission and
appropriation had been made for those functions. She stated her
determination that the proposed commission would be adequately
staffed with current or possibly fewer resources as evidenced by
the elimination of one staff member in the negative fiscal note.
REPRESENTATIVE VANCE asked for further clarification of the
fiscal notes.
MS. DIPIETRO answered that the council had provided only one of
the fiscal notes that was before the committee.
REPRESENTATIVE VANCE asked what the total budget impact would
be, considering all of the fiscal notes.
CHAIR CLAMAN postulated that a forthcoming committee substitute
should include a comprehensive, updated fiscal note. He stated
that the Department of Public Safety (DPS) has a designated data
analysis staff member, and he did not anticipate any increase
would be necessary.
1:30:34 PM
REPRESENTATIVE EASTMAN asked whether the other body had a member
similarly active to that of Chair Claman's involvement in the
commission.
CHAIR CLAMAN answered that it had, and it was currently held by
Senator Lora Reinbold.
1:31:12 PM
KRIS CURTIS, Legislative Auditor, Legislative Audit Division,
introduced herself for the record.
CHAIR CLAMAN offered his understanding that the Legislative
Audit Division had recommended to continue the data collection
and analysis functions of the commission and to remove the
function of the commission making recommendations and asked Ms.
Curtis to explain the recommendations and offer additional
background on the rationale for those recommendations.
MS. CURTIS stated that the division had determined during its
audit that the commission was very active and well-run, meeting
deadlines for the completion of studies and providing
recommendations for comprehensive criminal justice reform. She
stated that the recommendations offered by the commission had
been the basis if the "ill-fated" Senate Bill 91 [during the
Thirtieth Alaska State Legislature] and additional
recommendations had been sought from the commission for proposed
amendments to Senate Bill 91. She stated that it had been
observed that the changes that were adopted to Senate Bill 91 in
2018 had not been based on the commission's recommendations.
She stated that it had been determined that the commission was
not effective in making such recommendations and that it should
be terminated. She stated that it had been revealed that there
was concern that the data collection and analysis duties of the
commission would still be necessary.
REPRESENTATIVE SNYDER asked the Alaska Native Justice Center
(ANJC) to explain how the commission makes a difference for the
people represented by the center.
1:34:34 PM
ALEX CLEGHORN, Legal and Policy Director, Alaskan Native Justice
Center, answered that the commission fills data collection and
analysis functions that AJNC is unable to conduct itself. He
suggested that the Alaska Native member of the commission
provides representation of rural and Native area residents.
REPRESENTATIVE SNYDER asked whether AJNC represented victims,
defendants, or both.
MR. CLEGHORN answered that ANJC is unique in that it represents
both because those individuals are typically represented by
separate agencies.
REPRESENTATIVE SNYDER asked whether the commission was involved
in the victim listening sessions conducted by ANJC and how it
incorporates input from those sessions.
MR. CLEGHORN answered that the listening sessions were
summarized in the ANJC annual reports which the commission may
take into consideration. He stated that the commission having
access to the experiences captured during the listening sessions
brings those lived experiences to a broader audience.
REPRESENTATIVE SNYDER requested a representative from AMHTA
explain who its beneficiaries are and how its interests relate
to the commission.
1:39:02 PM
STEVE WILLIAMS, Chief Executive Officer, Alaska Mental Health
Trust Authority, answered that AMHTA beneficiaries consist of
individuals experiencing mental health issues including
substance abuse disorders, intellectual development
disabilities, Alzheimer and dementia patients, and individuals
with traumatic brain injuries. He stated that 40 percent of
those incarcerated annually are such beneficiaries. He stated
that the beneficiaries consist of both offenders and victims,
and AMHTA involvement on the commission brings their perspective
to the commission.
REPRESENTATIVE SNYDER asked how long Mr. Williams had served on
the commission and asked him to offer his opinion on the
importance of maintaining the data collection and analysis
functions of the commission.
MR. WILLIAMS answered that he had been a commissioner for more
than five years and had been engaged with the commission since
its inception. He offered that the value of the commission was
self-explanatory based on its membership, which is
representation of all parties involved in the criminal justice
system, including law enforcement, corrections, the judiciary,
public defenders, the Department of Law, victims, and convicted
individuals with lived experience. He suggested that that
diversity contributed to the identification of ways in which the
system could be improved.
1:43:18 PM
REPRESENTATIVE EASTMAN asked whether individuals who may elect a
designee would participate regularly or whether the designee
would be the only participant.
CHAIR CLAMAN suggested that [meeting] minutes could be consulted
to confirm exactly who had participated. He stated his
observation that the most frequently designated member had been
that of the Attorney General's seat and the ex-officio member
from DHSS and that designees were somewhat rare otherwise.
MS. DIPIETRO agreed with Chair Claman's suggestion regarding the
participation of members compared with that of designees.
REPRESENTATIVE EASTMAN asked what the rationale had been to
continue the commission within the purview of the governor's
office.
CHAIR CLAMAN suggested that each commission must exist in one of
the three branches of government and may not have been well
suited to belong within either the court or the legislature.
MS. DIPIETRO agreed with Chair Claman's suggestion and staffing
considerations were made at the time of the commission's
inception.
1:47:54 PM
CHAIR CLAMAN recalled Representative Vance's question regarding
fiscal notes and suggested that logic would dictate that there
would not occur an increase in cost due to a decrease of
[commission] function.
REPRESENTATIVE VANCE referred to page 4 which listed the powers
and duties of the commission that would permit the commission to
contract for data collection and analysis and asked from what
source, possibly including from the recidivism reduction fund,
any contractual funds would be obtained.
CHAIR CLAMAN stated that the contracts were not paid by the
Department of Corrections. He asked Ms. DiPietro about how
contracts are paid and the parties in them.
MS. DIPIETRO answered that the council had not contracted data
analysis services. She added that the Alaska Justice
Information Center had provided data analysis services and that
no payment had been paid for those services.
CHAIR CLAMAN added that the Alaska Justice Information Center
was part of the University of Alaska, Anchorage (UAA) and, in
response to a follow up question from Representative Vance,
confirmed that its work would be funded by UAA.
REPRESENTATIVE VANCE stated that the commission needed more data
and asked for additional explanation of the flow of source data.
CHAIR CLAMAN stated that HB 183 would not increase the level of
data collection and analysis and postulated that, should the
legislature request additional analysis and reporting, the
commission would likely request additional resources.
1:51:55 PM
REPRESENTATIVE VANCE asked whether the changes proposed in HB
183 would include more rural representation.
CHAIR CLAMAN answered that the represented members on the
commission were separate from the data collected, and the
analysis function would have more diverse representation, should
HB 183 pass.
MS. DIPIETRO added that the amount of data that the commission
collects would be the same and the analysis would be the same,
although more could be requested. She added that technical
staff will receive and analyze data and provide reports and the
commissioners then examine the data to develop questions
revealed by the data.
1:55:00 PM
CHAIR CLAMAN announced that HB 183 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 51 v. A 2.18.2021.PDF |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 Sponsor Statement v. A 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 Supporting Document - Peninsula Clarion Article 12.26.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Alaska Public Media Article 12.30.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Washington Blade Article 11.20.2019.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Peninsula Clarion Article 1.4.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Soldotna City Council Resolution 1.22.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Kenai City Council Resolution 2.5.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Kenai Peninsula Borough Resolution 2.25.2020.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - City of Soldotna Resolution 5.12.2021.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - FBI Hate Crimes Reports (2015-2019) 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - 2021 HRC Hate Crimes Law Map 7.19.2021.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - 2021 NCSL Hate Crime Related State Statutes 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Supporting Document - Letters Received by 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 51 Fiscal Note CRIM-CJL 1.14.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM HJUD 1/28/2022 1:30:00 PM HJUD 1/31/2022 1:00:00 PM |
HB 51 |
| HB 51 PowerPoint Presentation 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 51 |
| HB 183 v. B 4.21.2021.PDF |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM |
HB 183 |
| HB 183 Sponsor Statement v. B 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM |
HB 183 |
| HB 183 Supporting Document - Criminal Justice Taskforce Recommendation 12.3.2020.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Additional Document - A Sunset Review of the Office of the Governor, Alaska Criminal Justice Commission 6.12.2020.2020 |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Supporting Document - Alaska Native Justice Center Letter 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note DOH-BHA 1.14.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note DOC-R&R 1.15.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note JUD-AJC 1.18.2022.pdf |
HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Work Draft Committee Substitute v. I 1.21.2022.pdf |
HJUD 1/21/2022 1:00:00 PM |
HB 183 |