Legislature(2003 - 2004)
04/08/2003 03:40 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 158-MOVE DOMESTIC VIOLENCE COUNCIL TO DHSS
PAULETTE SCHUERCH, legislative intern to Senator Ben Stevens,
read from the sponsor statement:
SB 158 would transfer the Council on Domestic Violence
and Sexual Assault (Council) to the Department of
Health and Social Services (DHSS). Alaska Statute
18.66 established the Council under the Department of
Public Safety (DPS) in 1981. This statute gives the
Council the authority "...to provide for planning and
coordination of services to victims of domestic
violence or sexual assault or to their families and to
perpetrators of domestic violence and sexual assault
and to provide for crisis intervention and prevention
programs." This coordination includes providing
emergency safe housing, counseling, education/outreach
services, and technical assistance to programs such as
Advocates for Victims of Violence, Abused Women's Aid
in Crisis, Arctic Women in Crisis, Alaska Women's
Resource Center, South Peninsula Women's Services,
Standing Together Against Rape and Sitkans Against
Family Violence to name a few.
The mission of DHSS is to "promote and protect the
health and well-being of Alaskans." DHSS has in place
established programs and services that will be
beneficial to the Council on Domestic Violence that
include:
· Division of Administrative Services that deals
with federal granting agencies
· Division of Alcoholism and Drug Abuse to assist
in developing prevention and education
· Division of Family and Youth Services that have
29 field offices for child protective services in
place
SB 158 would create a closer working relationship
between the Council and DHSS as required in AS
18.66.050 (12) & (14) for developing standards,
procedures and continuing education on domestic
violence. A 2002 sunset audit review performed by
Legislative Budget and Audit showed that this had not
yet been accomplished. Adoption of this bill will
provide adequate resources to enhance their
capabilities and become a more efficient Council
program under DHSS.
SENATOR JOHN COWDERY said this appears to make sense, but at the
same time it makes sense to leave the Council on Domestic
Violence and Sexual Assault with the Department of Public Safety
(DPS). It's a question of which makes most sense.
KRISTY TIBBLES, legislative assistant for Senator Ben Stevens,
said because there is reorganization under the new
Administration and specifically because the Council for Victims
Justice, the Victims Crime Compensation Board and the Violent
Crimes Compensation Board are moving from DPS to DHSS, the
sponsor feels it is appropriate to transfer the Council on
Domestic Violence and Sexual Assault at this time as well.
SENATOR COWDERY asked whether there was any economic incentive
for the move.
MS. TIBBLES replied a potential benefit would be that since DHSS
has more federal grant writers than DPS, they might be better
able to assist the Council in this area.
SENATOR COWDERY asked if this would be a positive impact for the
victims.
MS. TIBBLES said she believed so.
SENATOR COWDERY asked how many people would be affected.
MS. TIBBLES wasn't sure.
CHAIR GARY STEVENS questioned whether the move would in any way
lessen the role played by DPS in cases involving violence.
MS. TIBBLES replied a DPS representative was available to
respond then said, "We certainly hope it does not lessen the
role at all. We've come a long way to take those domestic crimes
serious..."
SENATOR GRETCHEN GUESS declared a conflict because she is a STAR
(Standing Together Against Rape) board member. She questioned
the proposed move because there would be no monetary impact. The
argument that DHSS has more grant writers isn't defensible
because that department has many divisions and writes more
federal grants. She inquired whether the sponsor had a
commitment that DHSS would dedicate a grant writer to domestic
violence and sexual assault issues because she couldn't find
anything in writing that indicated there would be more money
dedicated to these issues.
MS. TIBBLES acknowledged there was no such commitment then noted
the 2002 legislative audit recommended the Council work more
closely with DHSS.
SENATOR GUESS advised that recommendation was made with
reference to specific issues that have been resolved.
Her second question dealt with the reference to the statute
regarding standards with DHSS, but it's actually domestic
violence standards. She noted the sponsor statement repeatedly
made reference to domestic violence, but those in the sexual
assault advocacy community understand sexual assault is not a
domestic crime. She questioned the reasoning for moving criminal
issues to DHSS and asked whether she was correct that the
statute was just on domestic violence.
MS. TIBBLES wasn't sure.
SENATOR GUESS said she was quite certain that was the case and
Ms. Tibbles might want to check that.
She made reference to a letter from the Governor that requested
that the Council stay at DPS and asked whether he had changed
his position.
MS. TIBBLES replied the Governor originally considered moving
the Council to DHSS then chose not to do so. It is her
understanding that the Administration has now assumed a neutral
position.
SENATOR GUESS asked why domestic violence grants wouldn't be
transferred between departments by reimbursable services
agreement (RSA) as is now the case. Currently the Council
receives RSA money from the federal health education and social
services as well as the Department of Justice. She couldn't
understand why that wasn't a viable alternative if DHSS does in
fact have more comprehensive grant writing capabilities.
MS. TIBBLES acknowledged that could be an alternative.
CHAIR GARY STEVENS asked the Department of Public Safety
representative to come forward.
JUANITA HENSLEY, special assistant to the commissioner of DPS,
advised the department is neutral on the bill. Arguments could
be made for either maintaining the status quo or for moving the
Council to DHSS; the decision is up to the Legislature. In
either case, DPS Commissioner Tandeske is committed to support
any domestic violence and sexual assault cases. Of course she
couldn't predict whether subsequent commissioners would be as
committed.
SENATOR FRED DYSON stated the staff and volunteers from STAR
deal directly with the police at crime scenes by assisting in
gathering evidence and in accompanying the victim to the
hospital to arrange for services. This is the point where most
interaction with state agencies occurs.
SENATOR GUESS said the Senator brought up a good point and there
is a broader policy issue here. Because the relationship between
public safety officers and victims and people who support the
victims is the most important relationship there is in victim's
services, she questioned why a move to DHSS would be considered.
Although she is impressed with Commissioner Tandeske's
commitment to domestic violence and sexual assault, decisions
should be made that plan beyond the tenure of one commissioner
or this Administration. Why risk this established relationship?
MS. HENSLEY replied the Council on Domestic Violence and Sexual
Assault oversees the policies on domestic violence in the state.
It is a granting agency that grants monies to victim's programs.
That won't change; advocacy work doesn't come from public safety
other than when the police officer takes the victim to the
hospital.
SENATOR GUESS agreed then pointed out the role the Council plays
in facilitating different groups was being overlooked. The
Council has worked hard to establish and maintain a working
rapport with the department and housing the Council there has
facilitated that.
Again she asked whether the Governor had changed his mind with
regard to where the Council should reside.
MS. HENSLEY replied the Administration is neutral at this time;
it's a legislative decision. She didn't believe the commissioner
had spoken directly to the Governor on this issue.
SENATOR GUESS suggested it was important that someone from the
Administration testify on the bill before it was moved from the
committee because it's important to know the Governor's
position.
There were no further questions for Ms. Hensley.
CHAIR GARY STEVENS asked the DHSS representative to come
forward.
KARLENE JACKSON, Deputy Commissioner for the Department of
Health and Social Services, testified they are similarly
ambivalent regarding the move. Good arguments could be made
either way. At this time DHSS has a seat on the Council. The
department is in the midst of a reorganization that involves
five different components from the Department of Administration
(DOA) and the Department of Education and Early Development
(DEED) so they aren't looking for new work. However, they would
welcome the Council if the Legislature should make the decision
to move it to DHSS. Although she's a newcomer, she finds they
have a good working relationship with DPS and wherever the
Council is placed, they will make the situation work.
SENATOR COWDERY asked whether any safety issues would be
jeopardized if the Council were to move to DHSS.
MS. JACKSON replied she isn't the best person to answer the
question. Although the current working relationship between DPS
and DHSS is very good, that could change, which could become a
safety issue. Other than that, many divisions within DHSS work
with DPS issues.
There were no further questions asked of Ms. Jackson.
CHAIR GARY STEVENS noted there were a number of people that
wanted to testify.
MARCIA McKENZIE advised she wrote to each committee member
stating her deep concerns regarding the proposed move. It is
well established that domestic violence and sexual assault are
major crimes that can be life threatening. Among other things,
shelters help victims do safety planning which includes
coordinating access to law enforcement when needed. Because
restraining orders aren't always as effective as expected or
hoped, close ties to law enforcement are all the more important.
Over the course of the 15 years she was in the field, there was
a marked and welcome change in attitude. She assumes the
committee members are concerned about the victims and their
safety and asked them to look beyond the Administration and seek
the views of the victims groups. She asked the committee to look
at the granting process to see whether DHSS could realistically
receive more federal grants. Her experience causes her to doubt
that; the Council seems to get all the federal money that is
available.
CAREN ROBINSON, Alaska Women's Lobby representative, testified
she has a very personal stake in this legislation. In 1981 she
was one of the legislators who worked with victims and victims
programs for a year to craft good legislation. They started in
the DHSS commissioner's office and through a long deliberative
process they set up the Council on Domestic Violence and Sexual
Assault. One of the final decisions was to house the Council in
the Department of Public Safety, which is "one of the best
things that's ever happened to changing the attitudes and
setting the direction this state has gone." Not only did Alaska
set a model for the rest of the nation, the Reagan
Administration honored them for having the foresight to place
the Council in the Department of Public Safety.
In 1994 the Attorney General's Task Force on Family Violence
recommended the following for the justice system:
Family violence should be recognized and responded to
as a criminal activity. Law enforcement officers,
prosecutors, and judges should develop a coordinated
response to family violence and communities should
develop a multi disciplinary team to investigate,
process and treat all instances of family violence
especially cases of physical and sexual abuse of
children.
In Alaska people were made aware that the top law enforcement
officer was committed to work to end domestic violence and
sexual assault.
LORI HUGINAN from the Alaska Network on Domestic Violence and
Sexual Assault (Network) explained the Network is the coalition
of the community-based programs that are primarily funded
through the Council. She echoed Ms. Robinson's testimony and
asked members to table the bill.
She advised she wanted to talk about the funding sources.
Although they appreciate Senator Ben Steven's efforts to find
more federal dollars for the Council, and they agree programs
are under funded and that there are areas of the state that
don't offer programs, it's not been their experience that there
are not more federal dollars available for the programs than the
Council is already receiving. The Council receives money from
the Family Violence Prevention and Services Act, the Victims of
Crime Act, Rape Prevention and Sexual Assault Prevention block
grant, and the Center for Disease Control. They were receiving
money for temporary assistance for needy families but that money
won't be available in FY04. There are also some statewide
initiatives the Council funds then RSAs the money to other
departments for intervention and prevention services.
A highlighted initiative is the Services Training Officers and
Prosecution (STOP) program. Since its 1996 inception, they have
RSAd over $1.1 million to DPS, $1.1 to DOL, $290,000 to the
court system, and over $1.8 million to victim's services and
other discretionary projects. During this time the
administrative costs have been kept to about five percent of the
distributed amount. They have encountered no difficulties in
being able to accept federal dollars whether the money came
through DHSS or the Department of Justice. Similarly, they have
not exhibited problems in being able to accept RSAs from other
state departments or RSAing to other state departments.
Housing the Council in DPS has not been a hindrance to acquiring
federal dollars and she asked for support in keeping the Council
in DPS.
DEB KNAFF from Sitka read a statement from Grace Brooks urging
the committee to keep the Council on Domestic Violence and
Sexual Assault housed in the Department of Public Safety. Both
domestic violence and sexual assault are crimes that would
receive more public awareness under DPS than DHSS. Moving the
Council would set the state back 20 years to when domestic
violence was considered and responded to as a private family
matter. Domestic violence is a crime against a victim but it
also diminishes a community and deserves a community response.
Similarly, sexual assaults are nearly always felony crimes that
don't fit with a social services treatment program.
CAROL GOODEN-RICE from Valdez testified against moving the
Council from DPS to DHSS. Both domestic violence and sexual
assault are crimes that involve power and control and thrive in
isolation. She couldn't understand how DHSS would be able to
advocate for both victims and perpetrators of these crimes. She
raised that question because it is not uncommon for perpetrators
to have interactions with DHSS and the Division of Alcohol and
Drug Abuse. These crimes are not a private family matter.
ANNA FAIRCLOUGH, Executive Director of STAR, echoed the
sentiments of those who spoke previously regarding the need to
keep the Council on Domestic Violence and Sexual Assault housed
in the Department of Public Safety. She asked the record to
reflect that the Governor's letter had not been refuted and she
didn't believe he was neutral on the issue. She had a letter
that made it clear he wanted the Council to remain in DPS.
She appreciated Senator Dyson acknowledging that STAR went to
Alaska Regional Hospital 255 times last year when the Anchorage
Police Department called them. They went to the crime scene and
were in the room supporting the victim while forensic evidence
was collected. Last year they responded to children 355 times,
but if family calls for help were included the total would rise
to about 1,200.
They are a part of the multi-disciplinary team that is part of
the goal for response in the State of Alaska. The Council has
been housed in DPS for 22 years and to move it to DHSS would be
a step backward. Both are crimes and rape is a felony crime,
which is a public safety issue.
SENATOR DYSON asked why STAR didn't also go to Providence
Hospital.
MS. FAIRCLOUGH replied the Anchorage Police Department sent out
an RFP and has a three-year contract with Alaska Regional
Hospital to provide services.
MICHELLE DeWITT, Executive Director of Tundra Women's Coalition
in Bethel, testified in opposition to SB 158. The Coalition
provides shelter and outreach to victims of domestic violence,
sexual assault, and child sexual abuse. She assured everyone the
Department of Public Safety is the best place to coordinate
services to crime victims. These are crimes and need to be
responded to as such.
As an administrator and counselor she finds housing the Council
in DPS facilitates and strengthens relationships. It's also
important for victims to have voices in public safety and having
the Council there provides a direct link.
She works with program grants on a daily basis and has been well
pleased with the Council's grant writing and administration. The
Council is an excellent resource and it is excellent in the
public safety infrastructure.
ELENA ALUSKAK, a children's advocate from Bethel, testified in
opposition to SB 158. She is pleased with the current funding
arrangements. Keeping the Council in DPS helps support the
knowledge that domestic violence and sexual assault are crimes
and need to be treated as crimes.
BRENDA STANFILL, Executive Director for the Interior Alaska
Center for Nonviolent Living in Fairbanks echoed the previous
testimony. Sexual assault is a felony crime and those victims
need support from advocates and law enforcement that work
together while they go through the difficult forensic exam.
There was a time when law enforcement and domestic violence
advocates didn't work well together, but having the Council in
DPS has helped built a positive relationship. It's important
that the Council is seen as part of the "safe team" and if it
were moved to DHSS they would become separate. "This has got to
be a team issue. It's something as a community we have to stand
up and say this is not okay and as a team we are going to
address this to make this stop. I urge you to keep the Council
on Domestic Violence and Sexual Assault in the Department of
Public Safety."
KIMBERLEE VANDERHOOF from Fairbanks related the story about
Dorothy Hobson who was murdered by her husband in February 2001
in front of her children. She told several more domestic
violence stories in which women were ultimately murdered. She
reported, "In 1991 81 percent of women presenting to hostels
nationwide for suicide attempts were battered women." Domestic
violence is not a human services issue; it's a public safety
issue. As a legal advocate for the Fairbanks women's shelter,
she has worked with thousands of domestic violence and sexual
assault victims. Part of her job was to establish relationships
with law enforcement officers so she could refer victims and
encourage a trust between victims and law enforcement. While she
maintained a good relationship with human service providers, she
relied on law enforcement to focus on victim safety.
It's important to keep the Council in DPS. When law enforcement
officers are most at risk responding to domestic violence calls;
when work place violence is a concern of Alaskan employers as it
impacts local economies; when in 1995 80 percent of homicides in
Alaska were domestic violence related and when 25 percent of the
1996 domestic violence deaths were of children this absolutely
demonstrates that domestic violence is a safety issue. "It is a
well educated, responsible government which supports victims by
acknowledging that domestic violence and sexual assault are
brutal crimes. Maintaining the Council within the Department of
Public Safety is responsible government."
There was no further testimony.
CHAIR GARY STEVENS expressed appreciation for all the comments
and testimony. He announced SB 158 would be held in committee.
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