Legislature(1997 - 1998)
03/30/1998 04:07 PM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 245 - DOM. VIOL. ASSAULTS;PRISONER CONTACTS Number 128 CHAIRMAN KOTT announced the next order of business would be HB 245 "An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure," sponsored by Representative Dyson. LISA TORKELSON, Legislative Assistant to Representative Fred Dyson, Alaska State Legislature, came before the committee. She stated that Representative Dyson had been called to a family emergency. Ms. Torkelson noted that Patrick Flynn and Richard Vitale would assist her in presenting the bill. CHAIRMAN KOTT indicated that there is a proposed committee substitute, Version V. He asked for a motion to adopt the proposed committee substitute. Number 150 REPRESENTATIVE WILLIAMS made a motion to adopt Version V. There being no objection, CSHB 245, Version V, dated 3/5/98, was before the committee. PATRICK FLYNN, Researcher to Representative Ethan Berkowitz, Alaska State Legislature, came before the committee. He explained the draft before the committee is a blending of a bill originally sponsored by Representative Berkowitz and Representative Dyson then took the lead on it. He said, "We are blending in elements of Senator Parnell's bill, which covers similar subjects, due to the lateness in the session." Mr. Flynn explained the original bill provided for graduated sentencing for domestic violence offenders. He referred the committee to page 5, lines 4 through 8, and stated a second offense is 30 days and a third offense would be 60 days for a fourth degree assault involving domestic violence. MR. FLYNN stated the next provision is the creation of the crime of unlawful contact in the first and second degrees. That is an A misdemeanor and a B misdemeanor. It prevents the defendant from contacting their victim preceding their arraignment. He noted that in all cases that is 24 hours or less. He said, "This is the infamous one phone call where the defendant calls the victim of the crime and threatens him or with retribution if they do not drop the case." MR. FLYNN explained the next provision that was added is the no contact order on page 4, lines 4 through 6. The judge can order that there be no contact as part of the release provisions. He said that there are other changes in the bill so that all the changes conform through the statute. He said he will let Mr. Vitale explain the provisions that are being added from Senator Parnell's bill. RICHARD VITALE, Legislative Assistant to Senator Sean Parnell, Alaska State Legislature, came before the committee. He pointed out that the first change adds some conforming language to clarify the original intent of the domestic violence law that was passed in 1996. Those sections are sections 7, 14, 15 and 16. The original intent of that act was that any batterers' program that received referrals had to be approved by the Department of Correction's regulations in regulations in a condition with the council. Unfortunately, some judges have read into the law that there is some wiggle room in there and they're now referring batterers to non-approved programs. This has created sort of a half-hazard policy throughout the state. It is the belief of the sponsor that if we're going to have a policy of regulations and standards for batterers' programs, it has to be statewide and consistent. MR. VITALE stated that Sections 18 and 19 are rule changes that were suggested by the Office of the Attorney General. He said that Section 18 allows evidence of other sexual assaults or attempted sexual assaults when prosecuting an attempt of a sexual assault. It currently is not allowed under the rules, but it would bring Alaska more in line of what other states do. He said it would help prosecutors with cases they have on sexual assault. MR. VITALE pointed out that Section 19 clarifies some language as there was some confusion between the use of crimes of domestic violence versus acts of domestic violence. Acts of domestic violence is the chosen phraseology in these rules and they want to keep it consistent. Number 248 REPRESENTATIVE VEZEY said it is his understanding that currently the courts and the department has a lot of leeway regarding rehabilitation programs. He stated there have been different groups who have tried to get themselves legislated as a rehabilitation program. Representative Vezey said there has been a number of judges and people that are involved in these referrals that have objected in that some of the programs that are available just aren't worth sending people to in their opinion. He pointed out that this isn't exactly an apple to apple comparison because he is rolling that in with a lot of other programs. Representative Vezey said, "It makes me wonder if what were trying to do here is trying to say a one size fits all - taking away all sorts of discretion from the department and the judiciary as to what rehabilitation programs are utilized." MR. VITALE explained the regulations were developed taking into account all batterers' program concerns. The bottom line of why the regulations were established is that they had to make sure there was a minimum standard of safety in every program out there. He said, "If the courts were going to refer somebody to them, they are taking out certain amount of liability and so the current law is that you must be going to a council approved... Some judges are not doing that so I guess if you were to take the argument that we shouldn't have any regulations, it should be repealed from all of them then, as current law is requiring it and it's being, like I said, depending on what jurisdiction you are in, some judges support this and some don't." Number 293 REPRESENTATIVE NICHOLIA asked how the legislation takes care of the batterers in rural Alaska. She asked if there is a section that address a rural program not only for the batterers, but also for the victim. MR. VITALE said that there is nothing specific for the rural areas in the bill, nor under the current law does he know of anything specific (indisc.). He noted that in HB 461, the supplemental bill, money was added for the council to help with all the programs, statewide, to get training if they need it through the council. REPRESENTATIVE NICHOLIA asked if there are programs in place in rural Alaska. MR. VITALE stated to his knowledge, there aren't any programs yet approved besides two that were grandfathered in, the MAP Program in Anchorage and Tongass in Juneau. He noted there are applicants out there. Number 324 JAYNE ANDREEN, Director, Council on Domestic Violence and Sexual Assault, Department of Public Safety, came before the committee. She explained that there are 14 or 15 known batterers' programs in the state. Two of them currently meet the approval and two more have applied for the approval process. The smallest communities that currently have batterers' programs are Dillingham and Homer. She noted that there has been an active movement in Petersburg, Wrangell and Nome to get something together. She explained that one of the things that Nome is looking at is how they can provide outreach and ongoing services to the offenders who are out in the villages. Ms. Andreen informed the committee when the council developed the regulations and when the Department of Corrections has gone through a regulation revision process, one of the things that they look at is how would they apply to and pertain to Bush Alaska. She stated that she is fairly confident that there are standards that still maintain the minimum level of service that can be adopted and adapted in the Bush communities. Number 345 REPRESENTATIVE NICHOLIA said, "I asked that question because we did speak to Lori (Indisc.) that works on domestic violence and sexual assault and she did mention that there weren't any rural programs in place for batterers and that there weren't any programs in place for the victims either. So that was a big concern about this bill when we're mandating more regulations. And I support the regulations, but there has got to be programs out there when you're doing something like this to take care of those people as well." MS. ANDREEN said she would clarify that there are programs in many of the villages for victims. There is outreach takes place through the 22 regular kind of program that the council funds. That includes the Stay Home Program. She said there is also a growing movement with the Violence Against (Indisc.--coughing) Program - Indian discretionary money. The Tanana Chiefs Conference is developing an extensive village program. She said there are a number of corporations that are working on programs. Number 364 CHAIRMAN KOTT referred to SB 316 and asked Mr. Vitale if CSHB 245 is inclusive of all of the Senate Bill. MR. FLYNN informed Chairman Kott that one part was left out that dealt with criminal rule 403. MR. VITALE noted that actually currently is not included in SB 316, it potentially was going to be amended in. CHAIRMAN KOTT asked if SB 316, in its entirety, is currently in the new CSHB 245. He asked if SB 316 is currently in the Senate Judiciary Committee. MR. VITALE responded that SB 316 is in the CSHB 245. He also said he believes the bill is in the Senate Judiciary Committee and it has not had a hearing in the Senate as of yet. CHAIRMAN KOTT asked if it is the wish of the sponsor to roll the Senate Bill into the House version of the legislation. Number 387 MS. TORKELSON explained that it is the sponsor's desire to do so. REPRESENTATIVE VEZEY referred to Section 16 and said "I think what we're doing here is reducing the services that are available to the Corrections Department - the judiciary. These programs should be in place. The approval, the certification process should all be in place, and what not, before we mandate that that's what we're going to limit our programs to. I just think that we're not ready for Section 16 at this time." He made a motion to delete Section 16 from the committee substitute. REPRESENTATIVE PHILLIPS objected. Number 409 MR. VILTALE said that the Governor's Conference on Domestic Violence in December included the judiciary (indisc.). He noted he spoke to several judges who were in support of the concept of making sure that it was uniform throughout the state. MS. ANDREEN explained that historically, the idea of having approved programs goes back, in part, to a request by the judiciary to have some entity in the state helping to determine which are good programs and (indisc.). CHAIRMAN KOTT said there is a motion before the committee and there is an objection. A roll call vote was taken. Representatives Nicholia, Phillips, Williams and Kott were against the motion to delete Section 16. Representative Vezey voted in support of the amendment. So the motion failed. Number 436 REPRESENTATIVE PHILLIPS made a motion to move CSHB 245, Version Z, dated 3/5/98, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 245(RLS) moved out of the House Rules Standing Committee.
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