Legislature(1997 - 1998)
04/24/1997 08:07 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 47 - TELEPHONE VICTIM NOTIFICATION SYSTEM HB 48 - APPROP: VICTIM NOTIFICATION SYSTEM The next order of business to come before the House State Affairs Standing Committee was HB 47, "An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system." And, HB 48, "An Act making a special appropriation for an automated victim notification system; and providing for an effective date." CHAIR JAMES announced the two bills would be taken up together because they were connected. Number 1042 REPRESENTATIVE ALLEN J. KEMPLEN, Alaska State Legislature, read the following sponsor statement into the record: "Each day, over 600 concerned Alaskans call our state institutions seeking information on inmates. Alaska's prisons and pre-trial facilities housed 2,990 inmates, 49% of whom are considered violent in November, 1996. Clearly proper and timely notification to victims about the release or escape of their attackers can improve their sense of safety. "A state-of-the-art computer system, called Victim Information and Notification Everyday (VINE) was developed to keep crime victims informed of inmate activity. VINE provides two important services that enhance that vital link of communication between the justice system and the victim. "First: Vine provides automatic notification calls to a crime victim when an inmate's status changes. If an inmate is released, transferred, posts bail or escapes, VINE places an automated telephone call to all registered victims within 10 minutes of the change in the offender's status. VINE continues to call the victim for 24 hours or until successful notification is verified by the victim. "Second: VINE provides critical inmate information 24 hours a day, 7 days a week through the automated telephone system. VINE allows confidential exchange of information. Victims may access information on a prisoner through the use of personal identification numbers. Victims may easily enter new contact numbers. "Kentucky became the first state to implement VINE statewide in February, 1996. During the first 90 days of operation, over 20,000 phone calls were processed. Over 600 victims were notified through VINE of impending inmate releases. Three month later, over 3,500 successful notification had been made, with an average of 7 new registrations a day. Currently, the VINE Company has contracts with over 150 counties in more than 12 states, including Texas, California, New Jersey, Georgia and Michigan. "The goal of this legislation is to meet the need for timely, efficient and reliable notification to a victim about the offender's status. This legislation provides for the use of innovative technology that will assist corrections staff charged with the responsibility of notifying crime victims who may move. This legislation gives victims control. The timely notification will allow victims to prepare for offenders' release and victims can, in confidence, keep corrections staff informed of their telephone contact numbers." Number 1251 REPRESENTATIVE IVAN asked Representative Kemplen if the sum of $250,000 was targeted for this year or next year in regards to the budget process? Number 1263 REPRESENTATIVE KEMPLEN replied the amount was not forwarded in the budget process this year. The department had indicated it would need only $150,000 rather than the $250,000 called for in the bill. The department had also determined that it could receive grant money to operate VINE. Several states had installed the system with grant funding from one of several federal sources. Number 1328 REPRESENTATIVE BERKOWITZ wondered if the cost would be recouped by people phoning in and through increased efficiency of the prosecutorial agencies and the Department of Corrections. In other words, people would be free to do other jobs rather than victim notification. Number 1360 REPRESENTATIVE KEMPLEN replied, "Correct." Number 1368 REPRESENTATIVE IVAN commented the state had a computer system in place currently. He asked Representative Kemplen if the VINE system would be a separate service provided by a private company? Number 1403 REPRESENTATIVE KEMPLEN replied VINE was a proprietor system. The price tag included a $45,200 one-time cost to interface and implement the system. The installation included 13 institutions, 13 probation parole offices, 15 local jails, and 13 community residential centers in the state. The price tag also included a $3,000 one-time cost for software. CHAIR JAMES asked Representative Kemplen where the rest of the money went? He only accounted for $48,200. REPRESENTATIVE KEMPLEN replied the price tag also included a $8,000 one-time cost for printing brochures, a $90,000 annual operation and port fee, and a $3,000 annual cost for standby staff, in the event of a failure of the hardware or software. CHAIR JAMES asked, for clarification, if there would be a $93,000 on-going expense every year? REPRESENTATIVE KEMPLEN replied, "Yes." There was a service charge of $1.50 for victims calling in about the status of their offenders. Experience had shown that there was enough revenue generated from that service to cover the operation cost. Number 1548 CHAIR JAMES commented getting any money from the 1997 or 1998 budget would be remote. However, if there was an opportunity to get any money it would be in 1998. It would be wise to appropriate money from other funding sources - federal or private. It was a threat to appropriate money from the General fund when the goal was to reduce it by $60 million. REPRESENTATIVE KEMPLEN asked Chair James, for clarification, if the suggestion was to list federal receipts or other funds rather than the General Fund? CHAIR JAMES replied, "Yes." Thereby authorizing them to look for other funds. If the language "general fund" was left it would not pass. Number 1733 ROBERT COLE, Director, Division of Administrative Services, Department of Corrections, was the first person to testify in Juneau. The Department of Corrections; and, other law enforcement, judicial and prosecutorial agencies were excited about an automatic means of notifying victims. Presently, the system was cumbersome and paper driven. There were a number of federal grants and funding sources for programs like this. He could not guarantee that the money could be accessed, however. The money needed to be applied for and awarded. MR. COLE further said the department received about 600 phone calls a day now. It was possible if a charge was added the number of phone calls would go down. Nevertheless, the flow should be able to help pay for the cost of the system. MR. COLE further said there were design questions that needed to be answered such as how VINE would attach itself to the current system and how it would report the information. MR. COLE stated the department was enthusiastic about the system. If the fiscal note was changed a federal funding source was probably the best one. He did not know if federal sources were available this year, however. Number 1920 CHAIR JAMES wondered if Representative Ivan was concerned that the system would include contract jails around the state. Number 1945 MR. COLE replied the fiscal note included the prisons, probation officers, community residential centers, and contract jails. Number 1975 REPRESENTATIVE VEZEY asked Mr. Cole if the release of a prisoner did not occur until the paper work was in place? MR. COLE replied, "Correct." REPRESENTATIVE VEZEY asked Mr. Cole if the most important piece of paper went from the court to the administrator? Number 2021 MR. COLE replied, "Correct." Most systems were designed as a prison information system which assumed little change in a prisoner's status. We were running a system that included jails, pre-trial felony facilities and prisons. Therefore, the status of an inmate changed heavily. There was a flow of paper work that was entered into the system and completed before a prisoner was released. Number 2128 REPRESENTATIVE VEZEY asked Mr. Cole if the paper work was initiated by the courts or corrections? MR. COLE replied sentencing and conviction information was initiated by the courts. REPRESENTATIVE VEZEY asked Mr. Cole who initiated a release? MR. COLE replied a release was initiated by corrections. REPRESENTATIVE VEZEY state, for clarification, it was initiated from corrections to corrections, not from the courts to corrections. MR. COLE stated unless a person went back on an appeal. REPRESENTATIVE VEZEY wondered why the information could not be given to a third party that specialized in giving information to the public. MR. COLE replied that was how the VINE system worked. REPRESENTATIVE VEZEY replied, yes, but the Department of Corrections was the service agency. He asked Mr. Cole why a contractor could not be used to get the information to the public? Number 2243 MR. COLE replied it could be done that way in theory. It was part of a larger question, however. Public safety around the country was trying to put together a criminal history repository. REPRESENTATIVE VEZEY said he was interested because it was not the mission of the Department of Corrections to generate information to the general public when there were entities in the market that specialized in that type of service. MR. COLE replied it was a complex issue. He would be willing to converse about it further. TAPE 97-50, SIDE A Number 0001 MR. COLE stated that one of the things that the Department of Corrections was good at was incapacitating offenders when in our custody. Therefore, people would not be harming their families when they resided in correctional facilities. CHAIR JAMES replied we wanted to have them incapacitated even stronger. Number 0109 SERGEANT BARRY C. ALLEN, Sitka Police Department, was the first person to testify via teleconference in Sitka. He testified today in support of HB 47 and HB 48. It was a positive step for the rights of victims. The VINE system would allow victims to prepare for their assailants release. This would prove to be beneficial in cases of domestic violence and sexual assault. In addition, VINE would go hand in hand with the domestic violence protection and prevention act of 1996. He encouraged its prompt passage. Number 0212 CHRISTINE McLEOD, Director, Sitkans Against Family Violence, was the next person to testify via teleconference in Sitka. Her testimony today was in support of HB 47 and HB 48. Many victims of domestic violence and sexual assault felt dis-empowered by the criminal justice system. They either felt superfluous or blamed for the crime thereby discouraging reporting and to further traumatize victims. The VINE system was one means of giving victims control over the process. In 1994 the legislature showed support for victims by amending the constitution to include a victims' rights amendment. The VINE system would strengthen the state's compliance to the amendment. The VINE system would also help to ensure the safety of women and children. Number 0342 LAURENTIA CHAMBLEE was the next person to testify via teleconference in Homer. Her testimony today was in support of HB 47 and HB 48. "Victims of domestic violence live in fear when they're with the perpetrator and even after when the perpetrator has been incarcerated." The perpetrator often made threats of harm if the victim should call the police when they were together and there were often threats of death. The VINE system would help alleviate the fear of the victim. It also said to the victim that the system understood her worries and concerns. It was important to pass the bill this year; it understated the rights of the victims to live a life with liberty and the pursuit of happiness as a goal. Number 0461 JANICE LIENHART, Executive Director, VICTIMS for Justice, was the next person to testify via teleconference in Anchorage. Her testimony today was in support of HB 47 and HB 48. She often received calls from victims after a change in status of the perpetrator. It was devastating because the victims often found out after the fact. They often tried to call and get information but to no avail. If the data could be kept accurate it would be a powerful tool to keep everybody updated. Number 0535 ETHEL L. BARENZ was the next person to testify in Juneau. She was from Eagle River and the winner of the "send somebody to Juneau" contest. She had lived through every one of the statements made this morning. She had been stalked, threatened, assaulted, and her parents and children had been assaulted. Her assailant attacked her parent's tenant which was how she found out he was out of jail. She did not have any warning and no chance to get her family to safety. Her elderly parents had been threatened. The VINE program would help her allow for the safety of her children and parents. The program would not only help her get her life back but others as well. She thanked the representatives for signing on as co- sponsors; it touched her heart. Number 0656 REPRESENTATIVE DYSON asked Ms. Barenz to share with the committee members what she had done to protect herself. Number 0664 MS. BARENZ replied she had to carry a handgun when she was not with others. She had to stay public, keep another adult with her, inform the schools that her children attend, contact the state troopers and the city policy frequently, and attend court on a regular basis to find out the conditions of his release. Her assailant continued to get angry at her for attending the court hearings because he felt she was provoking him. It was terrifying to face the man but if she tried to call the court she would always get the same responses: His file is with the judge; The judge is not available; or We're not sure where his file is right now. She could not get the information that she needed without waiting a few weeks to be notified. An automated system would allow for her to be notified quicker and allow her to call in. She slept with a gun under her bed when she did not know what was happening with her assailant because he had threatened to bring his family out with guns to attack her family. CHAIR JAMES thanked Ms. Barenz for her testimony today and congratulated her on winning the contest. She asked Ms. Barenz how her time in Juneau had been? MS. BARENZ replied wonderful. All of the representatives had been wonderful and receptive to hear her story. Number 0794 SANDY SAMANIEGO, Executive Director, Women In Crisis-Counselling and Assistance, was the next person to testify via teleconference in Fairbanks. She was testifying today in support of HB 47 and HB 48. It was apparent that the legislature recognized the importance and severity of the problem with sexual assault and domestic violence. On-behalf-of the victims of these crimes she thanked the representatives for their support. She did not know how to put a price tag on people's lives, but she did know that Alaskans were killed because of domestic violence and sexual assault every year. Statistics indicated that more than 10 percent of Alaskan women were abused by a partner each year, some requiring medical attention. Victim notification was a critical piece of the state's plan to keep victims of all violent crimes safe. Agencies had not been able to timely notify the victims of the changes placing the lives and well being of the victims in danger. She respectfully asked the committee members to support HB 47 and HB 48. Number 0884 DEB PEXA, Representative, Advocates for Victims of Violence in Valdez, was the next person to testify via teleconference in Valdez. She was testifying today in support of HB 47 and HB 48. This type of information was a matter of life or death for victims of violence. The current system did not guarantee that victims would receive timely and vital information to provide for the safety of their families and themselves. She urged the committee members to support the bills. Number 0929 JOHN RICHARDS was the next person to testify via teleconference in Anchorage. His testimony today was in support of HB 47 and HB 48. We prosecuted 1,500 domestic violence cases every year of which many involved repeat offenders. What we had not been able to do was comply with AS 12.30.027 passes last year, "Release in domestic violence cases." The current state law required the correctional facility to notify the prosecuting authority and for the prosecuting authority to immediately notify the victim of the release and the conditions of the release. Most of these cases occurred between 2:00 a.m. to 5:00 a.m., therefore, without an automated victim notification system there was no way to meaningfully comply with the statutory requirement. Domestic violence was about power and control where 75 percent of the victims recant or minimize the offense over time. Common sense indicated that victims were heavily influenced by the defendant through fear and threats. "If you believe this beating was bad wait until I get out, it'll be worse." The characteristic of the perpetrator was to blame the victim for all of his problems including his arrest. The automatic system was cost effective at $2,800 per month. He could not hire somebody to sit and dial the telephone all night long for $2,800 per month. It was essential for a coordinated and effective response to domestic violence. He urged the committee members to seriously pass the bill and to try to find the money for it. Number 1137 RON MOORE, Account Executive, The VINE Company, was the next person to testify off-net in Kentucky. The VINE system was now in over 350 communities in the United States and Canada with 7 statewide programs in place. The VINE company had over 40 patens pending for technology. It was also the only company totally dedicated to victim notification. There were other software companies that offered the service but not exclusively. The VINE program was not about putting in a software program or a computer, for example; it was about a community awareness program. The total community campaign included public service announcements, press conferences, and a 24-hour hot line. In California, the legislature waited as well pending funding for the program during which time a woman was killed due to the uninformed release of her perpetrator. The legislature immediately entered into a contract with company as a result. "Please don't wait." he declared. The VINE program usually could be funded through the inmate phone system itself. Number 1290 CHAIR JAMES asked Mr. Moore what the charges were based on? Number 1308 MR. MOORE replied the charges were based on inmate population and the population of the community. Number 1332 CHAIR JAMES asked Mr. Moore what was the fee that would be paid regularly for the service? MR. MOORE replied there was a monthly charge that covered the on- going cost of the program - public service announcements and handouts for example. In addition, every 10 minutes the call center in Kentucky would call the Alaska system for changes. CHAIR JAMES asked Mr. Moore what was the monthly charge? MR. MOORE replied he did not have the exact figure before him. It was about $90,000 per annum. Number 1396 CHAIR JAMES asked Mr. Moore how often was the monthly charge reviewed to see if it was too much or too little? MR. MOORE replied it was based on the length of the contract; it would not change during the length of it. Number 1421 REPRESENTATIVE BERKOWITZ asked Mr. Moore what was the company's profit-ratio? MR. MOORE replied the start-up cost for Alaska was about $45,000 - a break-even number based on the expenses of flying to Alaska to develop the interface, accommodations, software, and scripts. The profit would come from the monthly fee. Number 1464 REPRESENTATIVE BERKOWITZ asked Mr. Moore if Alaska would benefit from the concept of economies of scale because the company was nationwide? MR. MOORE replied, "Exactly." Everybody in the country used the same call center whether there were 20,000 inmates or 20 inmates. Any time there were software or technology improvements, for example, everybody shared. There would not be an increase in the rates because of the improvements. CHAIR JAMES announced the bills would be held over until Saturday, April 26, 1997.
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