Legislature(2023 - 2024)GRUENBERG 120
04/18/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| State Board of Parole|| Department of Corrections, Commissioner | |
| HB61 | |
| HB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 116 | TELECONFERENCED | |
| += | HB 61 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS
4:18:21 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 116, "An Act relating to appropriations from the
restorative justice account."
4:18:51 PM
REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, prime
sponsor, introduced HB 116. She paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 116 reorganizes the percentages of the
funds that pass through the Restorative Justice
Account that fund nonprofit organizations through the
Council on Domestic Violence and Sexual Assault
(CDVSA) for services for victims and domestic violence
and sexual assault programs. This legislation changes
the share of the funds that are currently set out in
AS 43.22.048(b), reversing the share for CDVSA and the
Department of Corrections.
In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition. There is
no better way to assist victims of domestic violence
and sexual assault in getting their lives back
together after this type of assault and victimization,
than to put our state resources into caring for those
victims, as well as into prevention and intervention
programs to reduce the number of these crimes from
occurring in the first place. Since the fund was
established, it transitioned from mainly assisting
crime victims to paying for inmate healthcare. More
recently, it has been used by the Department to pay
for institutions, which was not the intention of the
fund.
HB 116 will ensure that the intent is upheld,
specifically for victims of domestic violence and
sexual assault, one of the worst types of
victimization possible. It will reverse the
percentages allowed under current statute for CDVSA
(from 1-3% to 79-88%) and for the Department of
Corrections (from 79-88% to 1-3%), to reinforce
Alaska's commitment to reducing our abysmal rate of
these crimes through prevention and intervention
programs, as well as stabilize the funding source for
shelters throughout the state. I respectfully request
the support of my colleagues on HB 116.
4:22:50 PM
EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska
State Legislature, directed attention to a PowerPoint
presentation on HB 116 [included in the committee packet], on
behalf of Representative Coulombe, prime sponsor. She
highlighted the legislative intent on slide 2, which was to
increase prevention and intervention programs, and aid to
victims of domestic violence and sexual assault through the
Restorative Justice Account. She detailed the Restorative
Justice Account on slide 3, which read as follows [original
punctuation provided]:
upsilon In 1988, the Legislature passed a law making certain
convicted criminals ineligible for a Permanent Fund
Dividend. The intent was that those funds should be
used for the primary purpose of helping restore
victims of crime to a pre-offense condition.
upsilon Since the fund was established, it transitioned from
mainly assisting crime victims to paying for inmate
healthcare. More recently, it has been used by the
Department to pay for institutions, which was not the
intention of the fund.
upsilon There is no better way to assist victims of domestic
violence and sexual assault in getting their lives
back together after this type of assault and
victimization, than to put our state resources into
caring for those victims, as well as into prevention
and intervention programs to reduce the number of
these crimes from occurring in the first place.
4:24:50 PM
REPRESENTATIVE COULOMBE noted that [the Restorative Justice
Account] was composed of Permanent Fund Dividends (PFDs) that
were revoked from felons, which was why the fund fluctuated each
year.
MS. MORLEDGE expounded, pointing out that the fund's balance
increased this year because [the 2022] dividend was large. She
resumed the presentation on slide 4, reporting that 57.7 percent
of adult women in Alaska have experienced domestic violence or
sexual violence throughout their lifetime, per the Alaska
Victimization Survey.
4:26:13 PM
MS. MORLEDGE outlined the current Restorative Justice Account
funding prioritization on slide 5, which read as follows
[original punctuation provided]:
The legislature may appropriate amounts from the
account to the following recipients in the priority
order and percentages listed:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
1-3% to nonprofit organizations to provide grants for
services for victims of domestic violence and sexual
assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
79-88% to the Department of Corrections for costs
related to incarceration or probation.
4:27:33 PM
MS. MORLEDGE proceeded to slide 6, which listed the allocation
proposal under HB 116, as follows [original punctuation
provided]:
10-13% to the crime victim compensation fund for
payments to crime victims and for operating the
Violent Crimes Compensation Board.
2-6% to the Office of Victims' Rights for payments to
crime victims and for the operation of the OVR.
79-88% to nonprofit organizations to provide grants
for services for victims of domestic violence and
sexual assault.
1-3% to nonprofit organizations to provide grants for
mental health and substance abuse treatment for
offenders.
1-3% to the Department of Corrections for costs
related to incarceration or probation.
4:27:55 PM
MS. MORLEDGE advanced to slide 7, which provided a five-year
look back of the Restorative Justice Account on slide 7. Slide
8 offered a fiscal lookback from FY 12 to FY 24. She recalled
that House Bill 216, which passed during the [Thirtieth Alaska
State Legislature], created the current prioritization and
percentage levels.
4:29:12 PM
MS. MORLEDGE concluded on slide 9, which read as follows
[original punctuation provided]:
HB 116 will ensure that the intent of the restorative
justice account is upheld, specifically for victims of
domestic violence and sexual assault, one of the worst
types of victimization possible.
It will reverse the percentages allowed under current
statute for CDVSA (from 1-3% to 79-88%) and for the
Department of Corrections (from 79-88% to 1-3%).
This will reinforce Alaska's commitment to reducing
our abysmal rate of these crimes through prevention
and intervention programs, as well as stabilize the
funding source for shelters throughout the state.
CHAIR SHAW invited questions from members of the committee.
4:29:54 PM
REPRESENTATIVE ARMSTRONG thanked Representative Coulombe for
bringing forward such a creative and compassionate piece of
legislation that would have an immediate impact on many lives.
4:30:10 PM
REPRESENTATIVE STORY expressed her excitement about the bill.
Nonetheless, she asked why mental health and substance abuse
treatment for offenders was not prioritized in the bill.
REPRESENTATIVE COULOMBE explained that she had considered moving
percentages around, eventually deciding on "keeping it simple"
by swapping only the percentages of fund allocation belonging to
"DOC costs related to incarceration or probation" [at 79-88
percent currently] and "nonprofit organizations to provide
grants for services for victims of domestic violence and sexual
assault" [at 1-3 percent currently]. She said she wanted to
keep the focus on victims, describing the fund as a victim's
restoration fund. She noted that DOC offered a perpetrator
rehabilitation service executed by the Council on Domestic
Violence and Sexual Assault (CDVSA).
4:32:07 PM
DIANE CASTO, Executive Director, Council on Domestic Violence
and Sexual Assault (CDVSA), said she was available to answer any
questions on the bill's impact and the [CDVSA's] current budget.
4:33:16 PM
REPRESENTATIVE CARPENTER requested a high-level picture of how
the money would be spent.
MS. CASTO acknowledged that rates [of domestic violence] were
not decreasing in Alaska. She opined that without a good
distribution of money across a comprehensive approach to an
issue, results would be less than optimal. She described the
council's funding structure, which was a combination of state
and federal funding with a small amount if inter-agency receipts
from DOC for the perpetrator rehabilitation program. She stated
that 90 percent of the council's budget went to victims'
services, such as emergency shelter programs for individuals in
immediate danger; 8 percent of funding went towards prevention
programs; and 2 percent of funding went towards perpetrator
rehabilitation. She suggested using the proposed funding to
increase victims' service programs and expand programming to
help victims and survivors move forward. Additionally, she
suggested allocating "significant" money towards prevention and
early intervention. She concluded by discussing her vision for
an 18-month perpetrator rehabilitation work group. She opined
that program funding and implementation needed a better balance,
adding that the council was currently "treading water" due to
existing appropriation structures.
4:38:18 PM
REPRESENTATIVE CARPENTER shared his belief that the word
"programming" was meaningless without results. He asked to
continue this conversation one year from now with results-driven
data.
4:39:06 PM
REPRESENTATIVE C. JOHNSON shared his understanding that
[domestic violence] was a generational problem. He asked
whether there was anything in the system to address or break the
cycle of generational trauma.
MS. CASTO agreed, highlighting the typically high Adverse
Childhood Experiences (ACEs) score among perpetrators. She
emphasized the importance of providing services to children who
had witnessed abuse.
REPRESENTATIVE C. JOHNSON said, from Ms. Casto's answer, he had
discerned that there was no program in place to address
generational trauma in children.
MS. CASTO clarified that such programs were available, such as
mental health services to treat and counsel children and youth
who had experienced violence. She explained that the council
partnered with the Alaska Network on Domestic Violence and
Sexual Assault (ANDVSA), the Department of Health (DOH), and
other agencies to develop and create programming for young
people. Nonetheless, she highlighted the "tracking" of young
people as a difficulty.
4:46:05 PM
REPRESENTATIVE STORY reflected on existing family support
programs, such as teaching the cycle of violence in parenting
groups. She asked Ms. Casto to list the programs that were
currently available.
MS. CASTO clarified the services were offered by community-based
agencies, which in turn, were funded by the CDVSA. She added
that many of the family-focused programs were offered by the
Office of Children's Services (OCS), [Department of Family and
Community Services (DFCS)]. She opined that more support was
needed to change the behaviors of families struggling with
violence.
4:49:37 PM
BRENDA STANFILL, Executive Director, ANDVSA, explained that the
ANDVSA represented the 24 member programs funded by the CDVSA.
She noted that without the one-time incremental federal COVID-19
dollars and the appropriation from U.S. Senator Murkowski's
office, the ANDVSA could be looking at a shortfall of $7.5
million next year. She emphasized the importance of shelters
and rape crisis centers for emergency services. She reported
that a lack of capacity within these programs was creating
limitations in terms of access to services. The most requested
service, she said, according to the CDVSA, was emergency shelter
and individual advocacy. Further, Child Advocacy Centers (CACs)
provided 472 child victims of sexual or physical abuse under the
age of 18 a safe place to undergo the interview process. She
concluded by highlighting the critical nature of the services
funded by the council. She requested the ability to serve
victims on the same level as the rest of the criminal justice
system.
4:53:39 PM
CHAIR SHAW opened public testimony on HB 116.
4:54:06 PM
ERICK CORDERO recalled that the original intent of the
[Restorative Justice Account] was to restore crime victims to a
pre-offense status. He noted that Alaska continued to be the
state with the highest number of domestic violence and sexual
assault cases in addition to child abuse and neglect. He
reported that at its height, 98 percent of the fund was going
towards inmate healthcare instead of fulfilling the original
intent by helping victims. He stated his support for the bill,
emphasizing the importance of the CDVSA and the ANDVSA.
4:56:31 PM
CHAIR SHAW closed public testimony on HB 116. He invited
additional comments from the bill sponsor.
4:56:50 PM
REPRESENTATIVE COULOMBE reported that Commissioner Winkelman,
DOC, was aware and supportive of the proposed legislation.
Additionally, she conveyed her intent to implement performance
goals and metrics to ensure that the money was going towards
things that "were moving the needle." She said she would be
following up with Commissioner Cockrell, DPS, to make sure that
the fund was making a difference.
4:59:12 PM
REPRESENTATIVE STORY pointed out [April] was National Child
Abuse Prevention Month. She expressed her appreciation for the
bill.
CHAIR SHAW announced that HB 116 was held over.