Legislature(2015 - 2016)SENATE FINANCE 532
04/01/2016 08:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 91 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 1, 2016
8:05 a.m.
8:05:37 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 8:05 a.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
Senator Donny Olson
MEMBERS ABSENT
None
ALSO PRESENT
Senator John Coghill; Jordan Schilling, Staff, Senator John
Coghill; Lauree Morton, Executive Director, Council for
Domestic Violence and Sexual Assault, Juneau.
PRESENT VIA TELECONFERENCE
Carmen Gutierrez, Owner, Justice Improvement Solutions,
Anchorage; Kathleen McLaughlin, Director, Partners Reentry
Center, Anchorage; Jayson Whiteside, Division of Motor
Vehicles, Anchorage; Gary Folger, Department of Public
Safety, Anchorage.
SUMMARY
SB 91 OMNIBUS CRIM LAW and PROCEDURE; CORRECTIONS
SB 91 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 91
"An Act relating to protective orders; relating to
conditions of release; relating to community work
service; relating to credit toward a sentence of
imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's
license, privilege to drive, or privilege to obtain a
license; allowing a reduction of penalties for
offenders successfully completing court-ordered
treatment programs for persons convicted of driving
under the influence; relating to termination of a
revocation of a driver's license; relating to
restoration of a driver's license; relating to credits
toward a sentence of imprisonment, to good time
deductions, and to providing for earned good time
deductions for prisoners; relating to the
disqualification of persons convicted of certain
felony drug offenses from participation in the food
stamp and temporary assistance programs; relating to
probation; relating to mitigating factors; relating to
treatment programs for prisoners; relating to the
duties of the commissioner of corrections; amending
Rules 32 and 35(b), Alaska Rules of Criminal
Procedure; and providing for an effective date."
8:06:27 AM
Co-Chair Kelly queried the tab number for the meeting. Co-
Chair MacKinnon replied that the meeting would refer to tab
number 2.
SENATOR JOHN COGHILL, introduced himself. He announced that
he would provide a high level overview.
Co-Chair MacKinnon stated that tab 3 was the reference for
the day's meeting. The day's topics would include the
"Misc. and Other" sections that had not yet been covered.
Senator Coghill remarked that the commission process
included an examination of pretrial sentencing and
community supervision. He furthered that there were other
items in the bill that did not fit into that category, so
they were collected into the "Other" category. He noted
that Sections 142 through 146 included strategies that the
commission could provide oversight. He looked at Section
142, page 88, lines 17 through 19, which outlined what was
set in order. He remarked that he would also discuss
proposed additions to that section. He read from page 88,
line 17, "shall evaluate the effect of sentencing laws and
criminal justice practices on a criminal justice system to
evaluate whether those sentencing laws, criminal practices,
provide for protection of the public; community
condemnation of the offender; the rights of the victims;
the rights of the accused; and the rights of the person
convicted." He shared that there was an attempt to
continually balance that evaluation. He noted that the
highlighted area stated that "the commission shall annually
make recommendations." He stressed that the bill asked the
commission to provide a demonstration of recommendations to
the governor and the legislature on how savings and reforms
should be reintroduced for recidivism benefits. He looked
at page 89, line 23, and remarked that the commission would
appoint a working group to provide the recommendations; and
enter into data sharing agreements with the Judicial
Council at the University of Alaska (UA). He looked at page
90, which included a new subsection that outlined further
requirements of the commission. He stated that the data
mining helped with review and report to the legislature,
governor, and the public on how the new legislation was
working. He stressed that the oversight was important,
because there were new concepts in the law. He stated that
there were driving licensing privileges included in the
bill. He shared that many people had their driver's
licenses revoked because of court action and administrative
action. He shared that the legislation allowed for a
process to regain their license under some conditions. He
stressed that the intent was to put the people into
productive work, as long as they follow the accountable
conditions.
8:12:54 AM
Co-Chair MacKinnon noted that page 50, Section 81 addressed
the driver's license provisions.
Senator Coghill reiterated that he wanted to provide a high
level overview, but stated that his staff member could
provide detailed information. He wanted to provide the
rationale for the provisions of the bill. He remarked that
the provisions were carefully considered. He shared that
the Division of Motor Vehicles (DMV) and Court System had
worked together on the driver's license provisions. He
shared that the administrative license revocations stated
that the DMV could take away the driver's license if one
was stopped for Driving Under the Influence (DUI); however,
there was no current provision for due process under law.
He stated that the legislation allowed for two conditions
for reissuing of the driver's license.
8:13:58 AM
JORDAN SCHILLING, STAFF, SENATOR JOHN COGHILL, explained
that the provision allowed for reissuing of the driver's
license upon acquittal or case dismissal.
Senator Coghill stressed that those two conditions were not
presently in law. He remarked that, currently, an acquittal
would still result in an administrative revocation which
the DMV could maintain. He felt that the driver's license
provision in the bill allowed for due process. He discussed
food stamps. He stated that a convicted offender for a
robbery or a violent crime who had served time and was on
probation currently qualified for food stamps. He remarked
that those convicted of drug crimes were not qualified for
food stamps under federal law. He remarked that there was
an exception that allowed the state to provide food stamps.
The legislation included that election, and shared that
Alaska was currently one of only six states that did not
include that election. He shared that the provision was
important for post-incarceration planning, to put the
person back into the work force to keep them from a life of
crime. He further addressed public assistance. He shared
that those convicted of a drug felony who went on public
assistance and failed drug test would lose their right to
assistance. He stressed that the intent was based on a
public safety issue, and was an incentive for individuals
to enroll in programs. He remarked that the provision was
juxtaposed against those who may worked in a field who were
required to undergo drug testing. He felt that he would
like to explore the "flex point" of that provision. He
stated that a person who was 90 days from returning to
society would be provided a reentry program planning. He
remarked that it was a new program, which dealt with issue
such as ID issuance; work skill evaluation; etc. He
discussed the community work service. He explained that
provision was in Sections 59 and 60. He shared that
community work service allowed for a way to pay a fine for
those who were not able to pay a fine. He stressed that the
provision did not allow for the election to go to jail. He
stated that the limiting of pretrial credit to 120 days was
in Sections 55 and 56.
8:19:25 AM
Senator Coghill addressed electronic monitoring, and
remarked that there was an intent to limit the amount of
time on electronic monitoring. He looked at the suspended
entry of judgment in Section 61. He remarked that there was
an intent to change the suspended imposition of sentence.
He shared that, currently, a guilty plea allowed for
enrollment in a program to waylay the jail time and
sentence. He remarked that there was an attempt to move
judgment without a guilty plea. He felt that there was no
real value to the provision, because there was a current
program that was similar to the suspended imposition
sentence. He remarked that there was an attempt to not
allow for Court View under those conditions, but the first
committee of referral amended to include Court View. He
felt that some of the best work on the legislation was
related to victims' rights. He shared that, currently, a
victim of domestic violence had the right to have a
conference before plea agreements. The bill opened the
conference to all felons considered for a plea bargain. The
intent was to "shine a light" on the plea agreement deals.
He felt that it was a true victims' rights benefit.
Senator Hoffman queried the implementation cost of the
victims' rights. Senator Coghill agreed to provide that
information.
Co-Chair MacKinnon felt that the previous day's sectional
analysis presentation was remarkably informative. Mr.
Shilling thanked the committee.
8:23:35 AM
LAUREE MORTON, EXECUTIVE DIRECTOR, COUNCIL FOR DOMESTIC
VIOLENCE AND SEXUAL ASSAULT (CDVSA), JUNEAU, discussed the
presentation, "CDVSA and Reinvestment" (copy on file). She
remarked that the committee had a report generated as part
of the Criminal Justice Commission's reinvestment act with
the Victim Service Roundtable. She shared that there were
two roundtables held the prior fall, and there was a
national expert who worked with Pew. That expert
interviewed several survivors of violent crime, and their
comments were included in the report. She noted that there
were ten priority recommendations from the Victim Service
Roundtables, and were "rolled up" into priorities in the
overall criminal justice system report. Those priorities
led to Section 61 of the bill, which added uncodified
language instructing the council to create or expand
community-based violence prevention programming and
services for victims of a crime involving domestic violence
or sexual assault. She noted that Alaska was the first
state involved with the Pew Justice Reinvestment
Initiative, which listed victims' issues as one of the top
priorities. She advocated a comprehensive strategic
approach to reinvestment dollars to further prevention
efforts and strengthen services throughout the state. She
remarked that Alaska had the highest number of assaults:
intimate partner violence; sexual violence; and child
sexual abuse. She stated that most of the information
supporting the number of assaults was mostly anecdotal or
based on scattered reports to law enforcement until 2010.
She shared that, in 2010, the first statewide Alaska
victimization survey revealed 58 out of every 100 Alaska
women suffered intimate partner violence, sexual violence,
or both over their lifetime. She stated that subsequent
regional surveys from 2011 showed a consistency with those
overall state numbers. She remarked that there was data
from women that supported the reports. She stated that
there was now a focused attention on how to prevent the
crimes from occurring.
Ms. Morton discussed slide 2, "Alaska Victimization Survey
Trends from 2010 to 2015." She noted that, in 2015, there
was a resurvey at a statewide level that found that the
focused attention had paid off. She shared that the 2015
Statewide Victimization Survey showed the decline in the
number of women who had suffered intimate partner violence,
sexual violence, or both; not only over their lifetime, but
in the prior year in which the study was conducted.
Senator Dunleavy wondered why there was a decline. Ms.
Morton replied that she would address the reason. She
remarked that it was unknown whether it attributed to the
prevention efforts, but the prevention efforts was the only
change in the five years. She stressed that there were
victim services and other systems in place during those
five years. She reiterated that the only change in those
five years were the focused primary prevention efforts. She
shared that some of the reduction was attributed to the
work in communities on prevention efforts.
Senator Dunleavy wondered whether Governor Parnell's
administration had initiated prevention efforts in that
timeframe. Ms. Morton replied in the affirmative.
8:28:36 AM
Ms. Morton continued to discuss slide 2:
Intimate Partner Violence:
Annual prevalence decreased by 32 percent.
6,556 fewer victims in 2015 than in 2010.
Sexual Violence:
Annual prevalence decreased by 33 percent.
3,072 fewer victims in 2015 than in 2010.
While the rates are trending in the right direction,
they remain unacceptably high.
Ms. Morton addressed slide 3, "Prevention Tipping Point."
She shared that the Network on Domestic Violence and Sexual
brought the state the Center for Disease Control's Delta
Project. She stated that there was an attempt to sponsor
community readiness programs in four of the communities to
work toward prevention. She shared that the chart showed
the impacts of building prevention capacity.
Ms. Morton looked at slide 4, "Social Ecology":
Policies that support gender equity; media messages
that promote non-violence; norm that reduce male
sexual entitlement
Economic opportunities; community connectedness;
norms around - violence; community sanctions
Family values do not support violence; friends
attitudes do not support violence; positive peer role
models; positive parenting
Able to meet basic needs; cultural connectedness;
negative view of violence; substance free
lifestyle; positive self-confidence
Ms. Morton discussed slide 5, "Reinvestment Costs." She
believed that there was a cost estimate of approximately $5
million to be split between the Department of Health and
Social Services (DHSS) and the CDVSA. She remarked that
should CDVSA receive $2.5 million in FY 17 with an
additional $500,000 in the out years, the slide represented
a way to expend those dollars. She noted that there would
be comprehensive implementation of Green Dot throughout the
state in a staged series of communities. She remarked that
there would be a strengthened effort in communities
currently implementing prevention plans. She shared that
grantees were building the foundation on which reductions
and violence would occur. She noted that there were 40
communities across the state that were involved in some
level of prevention activities. She shared that CDVSA
supported community readiness and efforts to build
prevention plans in communities that wanted prevention
efforts. She shared that homegrown programs would be
evaluated to establish evidence of their effectiveness. She
stressed that investing in community projects require a
noticeable effect of the programs. She shared that there
was also a desire to continue research in reduction in
intimate partner violence and sexual violence; and to be
able to know about changes in social norms that support
those crimes. She asked for the addition of one program
coordinator to help manage the projects and provide the
appropriate level of technical assistance and monitoring of
the grant funds.
8:34:38 AM
Ms. Morton highlighted slide 6, "Expanding Existing
Programs":
Fairbanks,
University of Alaska Fairbanks,
Akhiok Village,
Wrangell,
Nome,
Discovery Cove,
Craig,
Kodiak,
Larsen Bay,
Kotzebue,
Native Village of Ouzinkie,
Native Village of Port Lions,
Old Harbor,
Petersburg,
Di lung ham,
Bethel,
Homer,
Anchorage,
Klawock
Ms. Morton presented a video for the Green Dot Program.
Senator Bishop wondered whether the Green Dot Program was a
school district function. Ms. Morton replied that CDVSA
primarily provided the training to implement Green Dot in
communities as a whole; not specifically to schools. She
shared that there was a school program for Green Dot that
districts could implement. She shared that the program in
Homer was working with the middle schools. She stated that
there was a website for Green Dot that gave a list of
activities and materials used in the different communities.
She remarked that the program was not necessarily school-
based, but was for communities as a whole.
Senator Bishop shared that his office would examine Green
Dot's programs.
Ms. Morton shared that violence in the community was a
collection of individual choices to do harm. She stated
that a "red dot" was the moment in time where someone's
words, choices, or actions contributed to, or tolerated
violence in some way. She stated that more "red dots" were
added to the map when more Alaskans "choose to stay out of
it." She explained that "green dot" assumed everyone had a
positive role they could play around this issue. She
stressed that most people did not want anyone to get hurt.
She asserted that the reason people were not intervening
was because they did not know what to do, how to do it, or
when to do it. She explained that Green Dot provided
realistic ways to get involved to take action to make
certain that those "red dots" did not go unanswered. She
stressed that there was a commitment to change the culture
in Alaska from one that supported violence to one that did
not tolerate violence: where every citizen knows that they
are expected to do something with the right set of tools.
8:38:50 AM
Ms. Morton looked at slide 7, "Expanding Existing
Programs":
Girls on the Run: Strengthen existing programs
and add three communities annually
Compass: Expand COMPASS through regional training
Coaching Boys Into Men: Strengthen existing
programs and add two trainings annually
4R: Expand communities as readiness is achieved
Ms. Morton discussed slide 8, "Expand Existing Programs":
Increase mini-grants to LeadOn! participants
Increase When I am an Elder by two communities
annually
Develop subsequent sets of Talk Now Talk Often cards
Ms. Morton presented a video.
Ms. Morton looked at slide 9, which was a video.
8:44:25 AM
AT EASE
8:46:19 AM
RECONVENED
8:46:31 AM
Ms. Morton replayed the video from slide 8.
Ms. Morton played the video on slide 9.
Ms. Morton looked at slide 10, "Evaluation and the R word":
Evaluation
Weave-in to each strategy from the beginning
Engage evaluators to assist communities
strengthen their own efforts
Share outcomes and develop repository of AK
practice informed/evidence- based programming
Research
Continue the Alaska Victimization
Survey
Regional surveys through 2019
3rd Statewide survey 2020
Knowledge Attitudes Beliefs
8:53:02 AM
Ms. Morton discussed slide 11, "Victim Services":
Regional programs
Barrow, Kotzebue, Nome, Bethel, Dillingham,
Unalaska, Kodiak, Cordova, Seward, Kenai, Homer,
Anchorage, Mat-Su, Fairbanks, Juneau, Sitka,
Ketchikan, Craig, Petersburg, Tetlin
Shelters and rape crisis centers together
Residential Support
Advocacy Services
Expand and Create
FVPSAAK Village and State Partnerships
Children Services
Safe Homes, Emerging
Programs
Engaging Elders
Local Forensic Exams
Senator Bishop thanked the presenter.
8:56:07 AM
Vice-Chair Micciche looked at the 2015 survey. He felt that
the past year numbers were better than the lifetime
numbers. He remarked that, in a five-year span, there may
not be an ability to significantly move the lifetime
needle. Ms. Morton replied that there would be a
presentation by the research director of victimization
survey results. She stated that there was not an
expectation of the lifetime numbers to show a significant
difference. She asserted that the association of the
particular prevention efforts with the reduction was that
there were five years of youth aging into the adult
population who were now surveyed. She stressed that the
survey was for women ages 18 and older, so there was
opportunity for younger women to age into the population
studied. She remarked that many were surprised to see the
lifetime reduction. She stressed that it was statistically
significant and the weighting of the numbers were sound
with correct percentages. She deferred specific questions
about the structure of the survey to the research director.
Vice-Chair Micciche wondered if there was a switch to cell
phones after 2010 to conduct the survey. Ms. Morton replied
that cell phones and land lines were used in both surveys.
8:58:56 AM
Co-Chair MacKinnon queried additional comments related to
pros specifically to sentencing, pretrial, and supervision.
She felt that the perpetrator would have the potential to
continue to reoffend. She wanted to ensure that electronic
monitoring would be effective. Ms. Morton felt that the
offenders would remain in strong sanctions against them.
She shared that the bill sponsor was willing to work to
address the concerns of victims.
Co-Chair MacKinnon appreciated the change from "successful"
to "completed" treatment. She wondered if someone could
speak to the science and statistics related to recidivism.
She remarked that convicted rapists and those convicted of
a crime against a person would return to society. She
remarked that most of the offenders did not have lifetime
sentences, but rather long sentences. She stressed that the
primary goal of the legislation was to keep people safe,
not to save money. She asserted that there was always a
hope that someone could return to society to be productive
that benefited both the past victim and the future
community. She did not believe in the death penalty, but
had a hard time with sex offenders returning to society.
She felt that a biological reaction to an attraction that
was damaging to small children could not be changed during
a treatment process. She wondered whether there was someone
who could provide scientific data on a batters prevention
program or sexual violence treatment program, which could
show statistically an opportunity for actual
rehabilitation. Ms. Morton agreed to provide that
information. She asserted that there were various reasons
behind sex offences. She remarked that a person who
sexually assaults a child had a different "make up" than a
person who assaults an adult.
Co-Chair MacKinnon shared that she had been the executive
director of Standing Together Against Rape (STAR), and
recalled that there was a male psychologist in Anchorage
who had asserted to have a program to modify the behavior
of a sexual perpetrator after completion of his program.
She stressed that it was her job to advocate for victims,
so she had a difficult time processing the message with the
violence that she witnessed in a rape crisis center.
9:07:31 AM
Senator Dunleavy felt that "sexual assault" was a "catch
all" term. He felt that there needed to be some "carve
outs" included pedophilia. He asserted that there was
probably science that could profile on an individual's
chances for rehabilitation.
Co-Chair MacKinnon stressed that her intent behind
identifying the psychologist's gender was to assist in
identifying that person who contacted the agency.
Co-Chair MacKinnon wondered if there were other issues
related to sexual assault and the changes in pretrial,
early release, and parole. She asked if there were any
issue that should be addressed. Ms. Morton replied that
there were not any immediate issues.
Co-Chair MacKinnon queried the position of CDVSA regarding
the difference between a nonviolent offenses of sexual
assault versus a violent offence. She noted the issue of
young people being placed on the sex offenders' registry,
when they engaged in consensual sex with an underage
person. She remarked that, ten years prior, she understood
that 95 percent of sexual perpetrators were male. She
wondered if there should be a way to review at the
statutory rape provision. Ms. Morton shared that she wanted
to know more about that issue, and shared that CDVSA did
not have an official position on that issue. She shared
that it was difficult to think about sexual violence in
terms of it not being violent. She stressed that it was an
invasion of the other person's body. She felt that it was
the adult's responsibility to understand the age of the
person that they may be sexually involved. She felt that,
regardless of physical characteristics, the mental and
emotional experience may not be there for fully consent.
She felt concern over an allowance.
Co-Chair MacKinnon shared that the conversation was about a
young man who might be 19 engaging in consensual sex with
someone under age, because they had not checked the
person's age. Ms. Morton stressed that a 19-year-old person
is not a child.
9:15:40 AM
Co-Chair MacKinnon wondered if a pedophile or a sexual
deviant was an addict. Ms. Morton deferred to an expert to
discuss.
Co-Chair MacKinnon stressed that this was an uncomfortable
topic. She shared that individuals who may be emotionally
triggered by the conversation should contact a local
support system, and shared that STAR had a hotline
available online and in her office. She thanked the
presenter. Ms. Morton shared that the Safe Children's Task
Force was looking at implementing Erin and Bree's Law. She
felt that appropriate education materials and information
would help to establish appropriate boundaries in dating
relationships regarding physical or sexual violence or
activity. She felt that the education may provide less of a
concern about the young people interacting sexually. She
stressed that children who had been provided with
appropriate material may enhance school culture.
Co-Chair MacKinnon shared that she served on the task
force, and thanked Senator Dunleavy. She had shared with
the governor some ideas that the Senate Finance Committee
wanted to enact in the bill, and the governor had pushed
for what he thought was best for Alaskans. She shared that
Senator Dunleavy helped to provide issues to assist young
people in receiving education. She felt that Senator
Dunleavy received some unfair criticism related to sexual
violence and education. She remarked that there were
efforts to enact education programs related to domestic
violence and sexual assault; suicide; and alcohol and drug
treatment.
9:20:35 AM
CARMEN GUTIERREZ, OWNER, JUSTICE IMPROVEMENT SOLUTIONS,
ANCHORAGE (via teleconference), introduced her testified in
support of the bill. She remarked that the state expended a
tremendous amount of money on corrections. She shared that,
in FY 16, the state spent $324 million for Department of
Corrections (DOC); which did not include the Court System,
Department of Public Safety (DPS), Department of Law (DOL),
and the cost of indigent criminal defense. She stated that
two out of three inmates return to the system within the
first three years. She stressed that most of those people
return to the system within six months, because they are
released without community-based support. She felt that the
state could not maintain the failed practices of the past,
and assume that there was a promotion of public safety for
Alaskans. She felt that the criminal justice system results
demonstrated that prison alone was not a cost effective
public safety strategy. She supported the legislation,
because it promoted public safety reentry strategies aimed
at not providing a "hand out", but a "hand up." She
stressed that every time a former offender successfully
returned to their community, there was one less crime; less
criminal justice expense; healthier families and
communities; and the state had earned the goodwill of
Alaskan citizens by pursuing policies that promoted public
safety. She hoped that SB 91 would provide a better way to
conduct criminal justice business. The legislation
supported evidence based recidivism reduction public safety
promotion efforts through examining practices that had been
informed by a tremendous amount of criminal justice
research. The bill helped the criminal justice
practitioners to identify those individuals who were at
risk of offending; identify their needs that must be
addressed to decrease that risk; and enabled prison
officials and probation officers to identify a
comprehensive plan to address those risks and needs. The
pretrial services program was a mechanism to encourage
offenders at a teachable moment. She shared that she had
worked as a criminal defense attorney, and the first thing
she would do was put her client in a treatment program. She
stressed that just after an arrest or charge was a crisis
moment where the offender could see and feel how their
lives had become out of control. She stressed that the
ability to go into treatment at a moment that they were
receptive to do so, in many cases, changed their lives and
positively impacted their sentence. The federal system had
used pretrial services for decades. The pretrial services
kept the offender in the community safely by monitoring
them in a public safety minded fashion. She felt that it
was far more effective than the third party custodian
system, which was a fiction that helped judges and
prosecutors feel that they are promoting public safety. She
stated that SB 91, through justice reinvestment, funded
community based treatment such as substance abuse and
cognitive behavioral treatment. According to the Washington
State Institute of Public Policy, the single most effective
way to change an offender's pattern of criminality was to
require participation in a cognitive behavioral treatment
program in a community. She felt that the treatment program
could be inexpensive and did not require a psychologist.
9:26:31 AM
Ms. Gutierrez shared that a key to successful reentry was
the ability to find employment. She asserted that there
were too many barriers for individuals with criminal
records to find work. She shared that the American Bar
Association examined all of Alaska's statutes and
regulations and found that 1,625 Alaska statutes and
regulations imposed collateral consequences for offenders
convicted of felonies and misdemeanors. She shared that
many of the collateral consequences pertained to housing,
employments, the receipt of public assistance, and the
ability to drive a vehicle. She felt that SB 91 would
remedy one of the greatest impediments to returning
citizens: the inability to legally drive a vehicle.
Ms. Gutierrez felt that the prison beds should be used for
the most dangerous offenders.
Co-Chair MacKinnon thanked Ms. Gutierrez for her service.
9:32:24 AM
KATHLEEN MCLAUGHLIN, DIRECTOR, PARTNERS REENTRY CENTER,
ANCHORAGE (via teleconference), spoke in support of SB 91.
She remarked that victims and reentrants were often the
same person. She felt that SB 91 was safety driven, and
smart on crime. She remarked that the Reentry Center had
been open since 2013. She furthered that there was a real
plan database. She shared that, of the 2992, on average
there were 60 to 64 people a day. She stated that there was
no waitlist. She remarked that felons or misdemeanants were
housed immediately. She stressed that the first thirty days
were the most risky. She remarked that the residents must
partner with the center. She shared that participating in
the program at least three times per week made them less
likely to recidivate.
9:37:18 AM
Ms. McLaughlin shared that many people were released to
Anchorage by default, and SB 91 recognized that people
needed a safe area and community. She announced that 34
percent of the center population was Alaska Native. She
stated that 500 of that population were sex offenders. She
remarked that there were some individuals that were "hard
wired" to make dangerous decisions in society. She shared
that the sexual offenders needed to be accountable, and the
communities must heal a restorative justice model. She felt
that individuals must be held accountable and keep
communities safe. She stated that the center was able to
examine what works and does not work. She stressed that a
reentry plan must be evidence based and analyzed. She
stated that the centered had partnered with other reentry
programs. She pointed out that the Vivitrol Program worked
well. She stated that people were given vivitrol shots on
the day of their release, to reduce heroin overdoses upon
release. She shared that there was a reentrant who died of
a heroin overdose during a celebration of obtaining a job.
She stressed that addiction affected all of society. She
stated that the center's housing was sometimes contingent
on using vivitrol. She shared that there were currently 49
people, and 28 had chosen to use vivitrol, and only 4 had
recidivated. Those four had not taken a second shot. She
stressed that 19, of the 21 who refused vivitrol, had
recidivated. She felt that the new program was successful.
She shared that the center partnered with the health
clinic, and people were signed up for Medicaid to cover the
cost of the shots.
9:44:37 AM
Ms. McLaughlin shared that there was a reentry coordinator
in DOC, who was motivated to examine the right thing for
society. She stressed that most of the people who were
currently incarcerated, would be released. She shared that
one-half of the Alaska Natives in the center did not want
to be in Anchorage, therefore there was a program to return
them to their communities. She stated that there was work
with DOC to return those individuals to their communities.
She stressed that some natives had great trouble finding
work in the urban community. She stressed that the person
must be invited back to their community, before they were
returned home. She invited the community to tour the
center. She stressed that transparency and data driven
services were the most important aspects of the center.
Co-Chair MacKinnon noted that there was work with prisoners
to apply for assistance programs prior to their release
from jail. She did not believe those efforts were allowed
under state law. She shared that her office had been
contacted about drafting a technical amendment to allow for
applications prior to release. Ms. Gutierrez responded that
there was already work to prepare Medicaid applications.
She remarked that individuals who were 30 days or less from
release from either a halfway house or institution; they
were able to prepare Medicaid applications. She stated that
those in the halfway house would go to the center, and the
United Way and Alaska Food Coalition assist in those
applications. She stressed that those applications would
not become effective until the date of release. She
restated that there would be no benefits granted prior to
release. She stressed that those individuals would be put
in the queue.
9:50:31 AM
JAYSON WHITESIDE, DIVISION OF MOTOR VEHICLES (DMV),
ANCHORAGE (via teleconference), introduced himself.
Co-Chair MacKinnon queried comments in the proposed changes
to the driver's license provision. Mr. Whiteside replied
that the DMV was in support of the section that allowed
drivers to reobtain driving privileges after an acquittal
or case throw out. He stated that there was a small
percentage of people who had an administrative license
revocation for various reasons. He stressed that there had
never been a clause in the law to address those
individuals. He felt that the bill would provide relief for
the drivers that fell under that category.
Co-Chair MacKinnon discussed the following meeting's
agenda.
Senator Dunleavy requested an examination of other state's
umbrella concepts of sexual assault. Mr. Schilling replied
that he would examine how other states treated sex
offenders in regard to discretionary parole.
Senator Dunleavy wanted to know if the state's treated
different types of sexual assaults. He wondered if the
sexual assault offenders were treated differently from one
another. Mr. Schilling responded that he believed that the
states accommodated for the different spectrums of sex
offenses. He agreed to provide further information.
Senator Dunleavy wondered if the states that had a drop in
recidivism should be examined to determine whether they
treat sex offenses properly. Mr. Schilling agreed to
provide that information.
Co-Chair MacKinnon asked whether other states had "carved
out" specific offenses, such as sexual assault; and whether
crimes against children were tried in a different manner.
Mr. Schilling agreed to provide that information.
Vice-Chair Micciche recommended Section 11.41.434, because
it addressed sexual abuse of a minor. He wondered why there
was a logic to not prove intent or consent, because a minor
under a certain age did not have the ability to provide
consent.
GARY FOLGER, DEPARTMENT OF PUBLIC SAFETY, ANCHORAGE (via
teleconference), introduced himself.
Co-Chair MacKinnon queried a position on the bill. Mr.
Folger replied that he was in support of the bill.
SB 91 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
9:55:58 AM
The meeting was adjourned at 9:55 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 91 Public Testimony Support Copeland.pdf |
SFIN 4/1/2016 8:00:00 AM |
SB 91 |
| SB 91 Public Testimony Support Bryner.pdf |
SFIN 4/1/2016 8:00:00 AM |
SB 91 |
| SB 91 CDVSA Victim Survivor Advocate Roundtables Summary Report and Priorities.pdf |
SFIN 4/1/2016 8:00:00 AM |
SB 91 |
| SB 91 040116 CDVSA and Reinvestment SFIN.pdf |
SFIN 4/1/2016 8:00:00 AM |
SB 91 |