Legislature(1997 - 1998)
03/04/1998 09:08 AM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
March 4, 1998
9:08 a.m.
MEMBERS PRESENT
Senator Gary Wilken, Chairman
Senator Loren Leman, Vice-Chairman
Senator Lyda Green
Senator Jerry Ward
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 252
"An Act relating to paternity establishment and child support;
relating to the crimes of criminal nonsupport and aiding the
nonpayment of child support; and amending Rule 37(b)(2)(D), Alaska
Rules of Civil Procedure; and providing for an effective date."
SCHEDULED BUT NOT HEARD
SENATE CONCURRENT RESOLUTION NO. 11
Creating the Long-Term Care Task Force.
MOVED CSSCR 11 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 39
Relating to improving reading instruction in elementary and
secondary schools.
MOVED CSSJR 39 OUT OF COMMITTEE
SENATE BILL NO. 237
"An Act extending the termination date of the Council on Domestic
Violence and Sexual Assault."
HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 252 - See HESS minutes dated 3/2/98.
SCR 11 - See HESS minutes dated 3/2/98.
SJR 39 - See HESS minutes dated 3/2/98.
SB 237 - No previous action.
WITNESS REGISTER
Annette Kreitzer
Legislative Aide to Senator Leman
Alaska State Capitol
Juneau, Alaska 99801
POSITION STATEMENT: Explained SB 237
Sandy Samaniego
Executive Director
Women in Crisis - Counseling and Assistance
717 Ninth Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Supports SB 237
Denali Daniels
Standing Against Rape
1057 West Fireweed, Suite 230
Anchorage, Alaska 99515
POSITION STATEMENT: Discussed domestic violence statistics
Jayne Andreen
Executive Director
Council on Domestic Violence and Sexual Assault
P.O. Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Supports SB 237
Trisha Gentle
Standing Together Against Rape
1057 West Fireweed, Suite 230
Anchorage, Alaska 99515
POSITION STATEMENT: Supports SB 237
Jan MacClarence
Abused Womens' Aid in Crisis
100 West 13th Avenue
Anchorage, Alaska 99501
POSITION STATEMENT: Supports SB 237
Lauree Hugonin
Alaska Network on Domestic Violence and Sexual Assault
130 Seward St., Room 501
Juneau, Alaska 99801
POSITION STATEMENT: Supports SB 237
Caren Robinson
Alaska Women's Lobby
P.O. Box 33702
Juneau, Alaska 99801
POSITION STATEMENT: Supports SB 237
Cynthia Cooper
Vice Chair of CDVSA
Department of Law
310 K Street, Suite 501
Anchorage, Alaska 99501-2064
POSITION STATEMENT: Supports SB 237
ACTION NARRATIVE
TAPE 98-21, SIDE A
Number 001
CHAIRMAN WILKEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:08 a.m. Present were
Senators Wilken, Green and Leman. CHAIRMAN WILKEN announced the
order of business would be SCR 11, SJR 39, and SB 237. He noted SB
252 would not be discussed today, and was tentatively scheduled on
Monday, March 9.
SCR 11 - LONG-TERM CARE TASK FORCE
CHAIRMAN WILKEN announced a committee substitute (Version H) had
been prepared for SCR 11 which incorporates the suggestions made at
Monday's meeting. SENATOR LEMAN moved to adopt the committee
substitute (Version H) as the working document.
CHAIRMAN WILKEN explained the language on page 2, lines 18-23, was
suggested by a committee member and pertains to the composition of
the task force. The number of members has been decreased from 12
to nine. Membership by the three commissioners was deleted. The
deadlines were also changed on page 3, lines 20, 21, 23, 24, 26,
and 27.
SENATOR LEMAN moved to report CSSCR 11 out of committee with
individual recommendations and its accompanying fiscal note. There
being no objection, the motion carried.
SJR 39 - SUPPORT READING EXCELLENCE ACT
CHAIRMAN WILKEN informed committee members a committee substitute
(Version B) had been prepared for SJR 39, based on the discussion
at the HESS meeting on March 2.
SENATOR GREEN moved to adopt CSSJR 39 as the working document of
the committee. There being no objection, the motion carried.
CHAIRMAN WILKEN explained any reference to the word "phonics" was
removed from the committee substitute in an effort to move the
resolution along. His intent was to support the Reading Excellence
Act without referencing the controversial topic of phonics, which
can be dealt with in SB 203.
SENATOR LEMAN moved CSSJR 39 out of committee with individual
recommendations. There being no objection, the motion carried.
SB 237 - COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAULT
ANNETTE KREITZER, Senate Labor and Commerce Committee aide,
explained SB 237 as follows. SB 237 is one of several bills
introduced by the Senate Labor and Commerce Committee to extend
boards and commissions that are to expire this year. The Council
on Domestic Violence and Sexual Assault (CDVSA) was established in
the Department of Public Safety in 1981. SB 237 extends the
council's existence for another four years to June 30, 2002. The
most current audit (1997) conducted by the Legislative Budget and
Audit Division (LBA) pointed out that some of CDVSA's current
problems were present in 1994. CDVSA has been tasked with
coordinating services provided by certain state agencies and
community groups dealing with domestic violence, sexual assault,
crisis intervention and prevention. It is to provide technical
assistance as requested by state agencies and community groups,
develop a standardized data collection system, receive and dispense
state and federal money, award grants and contracts, make an annual
report to the Governor, and develop, implement, maintain and
monitor domestic violence, sexual assault and crisis intervention
and prevention programs in consultation with authorities. The 1994
LBA audit revealed delays in posting data and data inaccuracy. The
accuracy problem is no longer a concern in the 1997 audit, but the
posting delays are. CDVSA has made strides in managing its data
problem but the fiscal 1996 and 1997 annual reports, required by
statute, have not been completed.
Number 151
SANDY SAMANIEGO, Executive Director of Women in Crisis - Counseling
and Assistance in Fairbanks, introduced other directors of shelters
from around the state. Ms. Samaniego reminded the committee SB 237
is not about maintaining domestic violence programs but is about
the ability to provide services to victims of domestic violence,
sexual assault, and child sexual abuse. The Council is a very good
way to funnel funds through to agencies. This past fiscal year,
the Women in Crisis - Counseling and Assistance organization
provided more services around the Fairbanks area than it has in its
entire history. It provided more shelter nights than ever and more
people came to the shelter for support and advocacy services. This
increase shows the services are needed more than in the past. She
noted her support for SB 237.
Number 212
DENALI DANIELS, representing Standing Together Against Rape (STAR),
informed committee members of the following statistics. Alaska has
2.4 times the national average of incidences of rape. Alaska also
has six times the national average of child sexual assault and one
out of five women will be sexually assaulted in her lifetime. Rape
is the most under-reported of all violent crimes: nine out of 10 go
unreported. STAR in Anchorage served 916 new victims last fiscal
year.
SENATOR LEMAN asked, from the 916 victims STAR served last year,
how many arrests and convictions occurred. He added if one out of
ten rapes is reported, about 10,000 rapes must be occurring each
year.
MS. DANIELS replied many of STAR's clients were not assaulted in
the last year; some were assaulted 20 years ago.
SENATOR LEMAN questioned whether the number of arrests is small
compared to the number of assaults.
MS. DANIELS thought that was so.
Number 242
JAYNE ANDREEN, Director of the Council on Domestic Violence and
Sexual Assault, gave committee members the following overview of
CDVSA's activities and what is happening in the country and the
state in terms of domestic violence and sexual assault. CDVSA was
established in 1981 as a statewide coordinating council. A push at
the national level to establish state coordinating councils has
been underway and CDVSA was contacted six times last year by states
looking for model legislation. CDVSA is one of only two state
agencies that gives direct resources to locally based victim
service agencies that provide services to victims of crime. One
reason the council has been so successful is that all of the work
it does is based on the needs of victims. CDVSA listens carefully
to what victims are saying regarding what their needs are and what
is and is not working. CDVSA has focused on a grass roots, local
structure because the council believes the only way to have an
impact on any issue or crime is to support the efforts being made
at the local level. CDVSA's membership includes department
representatives as well as public members. Public members have
traditionally come from local areas and are appointed by the
Governor because of their knowledge of what is happening at the
local level. That membership configuration provides for local
knowledge as well as knowledge about what is happening at the state
policy level.
CDVSA's mission is to provide immediate safety and support to
victims of domestic violence, sexual assault, and incest and to
reduce the incidents of these crimes in Alaska. The statutes
mandate CDVSA to: fund and maintain locally based domestic
violence and sexual assault programs; provide for planning of
services to people affected by domestic violence and sexual
assault; coordinate domestic violence and sexual assault services
provided by state and local agencies; develop and implement a
standardized data collection system; provide fiscal and technical
support and assistance to domestic violence and sexual assault
agencies around the state; and provide technical support
coordination and consultation with state and local agencies on
training and policy development issues.
MS. ANDREEN updated committee members about activities at the
national and state level during the last three to four years
regarding domestic violence and sexual assault. The Violence
Against Women Act was passed by Congress in 1994 as part of the
Violent Crime Control and Law Enforcement Act. The Act does a
number of things: it establishes federal penalties for domestic
violence and sexual assault offenses; it provides resources to
states and tribes to improve law enforcement, prosecution, and
victim services; it provides sexual assault prevention funds
including a designated pot of money for youth ages 11 to 19; it
established a national domestic violence hotline; it provides
resources and guidelines for mandatory arrest policies and grants;
it provides funds for education and prevention and for data and
research; it includes a strong emphasis on tribal involvement; and
it establishes full faith and credit meaning that all states must
honor and enforce protective orders from other jurisdictions. In
1996 the Domestic Violence Prevention and Victim Protection Act was
passed in Alaska. This Act rewrote Alaska's response to domestic
violence by expanding the definitions of domestic violence and the
use of protective orders. The Act instructs the Department of
Public Safety to create a central registry on protective orders and
establishes a mandatory arrest policy for law enforcement
throughout the state which focuses on a primary physical aggressor.
It incorporates the safety of victims into all aspects of the
criminal justice system from pre-trial to post release and expands
the victims' notification of their rights. The Act also
establishes standards for batterers' intervention programs through
the Department of Corrections. It requires training on domestic
violence for anyone who will work with victims. It also begins
addressing the issues of the impact that domestic violence has on
children living in homes where domestic violence is occurring.
Throughout the Act, CDVSA is established as the
consultant/coordinator on most of the policy development and
training requirements.
CDVSA has funded local services since its inception. Local
services are broken down by components. CDVSA funds local programs
to provide immediate safety, crisis intervention, childrens'
services, education prevention and outreach, and batterers'
programs. CDVSA focuses on providing the grants to locally based,
grass roots community supported and integrated agencies.
MS. ANDREEN provided the following statistics, which she said will
be covered in more detail in CDVSA's annual report. In FY 96,
CDVSA-funded programs served 11,763 people. In FY 97 that number
increased to 13,057 people, an 11 percent increase in one year.
CDVSA believes the increase is due to the focus on domestic
violence as a result of the Domestic Violence Act. The number of
service contacts provided to people using council-funded services
was just under 105,000 in FY 96, and over 136,000 in FY 97, a 29
percent increase. At the same time, the number of safe home nights
dropped a small amount. In FY 96, 50,836 safe home nights were
provided while 49,997 were provided in FY 97. The decrease is
attributed to the fact that victims did not have to leave home
because of the mandatory arrest policy.
MS. ANDREEN discussed the prison batterers' program, an ongoing
grant program. CDVSA receives money from the Department of
Corrections through a reimbursable service agreement to provide
batterer services in three correctional centers around the state.
CDVSA believes this is an important way to impact and try to begin
the intervention process with offenders. In FY 98, CDVSA issued
five seed grants to communities interested in developing sexual
assault response teams. These teams have designed a coordinated
response to reports of sexual assault. The teams are comprised of
prosecution, law enforcement, victim services, and medical provider
representatives. This approach has produced a higher success rate
for the prosecution of perpetrators.
CDVSA receives federal money each year, through the Department of
Health and Social Services (DHSS), for sexual assault prevention.
The amount has increased from an average of $15,000 per year to
about $100,000. CDVSA provides this money in the form of grants
for youth prevention. Last year CDVSA worked with DHSS to devise
a long range plan on how the money will be used over the next three
to four years. The primary issue identified is the need to provide
tools and technical assistance to local communities to deal with
these issues. A community awareness package is being developed to
provide information as well as to develop statewide public service
announcements and brochures.
An exciting initiative for CDVSA is the STOP grant, provided
through the federal Domestic Violence Against Women Act. Each
state can participate once its governor designates a lead agency
responsible for developing a collaborative effort. Governor
Knowles designated CDVSA to be that entity in April of 1995. CDVSA
created a collaboration committee with representation from victim
services from law enforcement, the Department of Law, the Court
System, DHSS, the Alaska Judicial Council, and the Violence Against
Indian Women grant recipient. This group is responsible for
developing an annual plan that is funded by the Department of
Justice through the Violence Against Women Act Office. The plans
must provide 25 percent of the funds to victim services, 25 percent
to prosecution, and 25 percent to law enforcement. The group has
some discretion over how the remaining 25 percent is spent. Victim
services money is primarily being used for a legal advocacy
project, administered by the Network on Domestic Violence and
Sexual Assault. It is providing consultation, developing a
training manual and offering training to help local programs
develop legal advocacy services for victims of domestic violence.
Under the prosecution component, a significant part of the money is
being designated to annual training for both state and municipal
prosecutors. The focus of the training has been on domestic
violence stalking and sexual assault. A paralegal coordinator has
been hired to provide greater supervision and oversight of
paralegals in the local prosecutors' offices. The paralegals
provide a primary link with victims as their case proceeds through
the criminal justice system. A summary of legal briefs and a
training video library are being developed to help prosecutors keep
up to speed on the most current trends and issues surrounding
domestic violence and sexual assault. Law enforcement's money is
also going for training, model protocols, victim notice brochures,
a training video for VPSOs, and interviewing equipment to develop
better cases for prosecution. A significant amount of the
discretionary money has been provided to the judiciary to train
judges, magistrates, and court clerks, as well as a bench book to
provide information on domestic violence cases. Also, safe rooms
are being set up in courthouses.
CDVSA has funded 13 multidisciplinary rural sexual assault
trainings in the last three years. The training brought an
overwhelmingly positive response from attendees. The focus was to
develop action plans on how the community could work together to
address these crimes.
CDVSA receives funds from two other federal grants. The first is
a rural domestic violence and child victimization grant from the
Department of Justice. That grant is for three specific purposes.
CDVSA is working with a multidisciplinary group to rewrite Alaska's
1987 Inter-departmental Child Sexual Abuse Agreement. CDVSA is
laying out how each state agency is going to work with the others
to address all forms of child abuse so the abused children and non-
offending family members are traumatized as little as possible by
agency intervention. The grant provides funds to DFYS to rewrite
its screening protocols on domestic violence and child abuse cases
as well as appropriate responses. Also, planning for 11 regional
trainings throughout Alaska on a team approach to domestic violence
and child abuse response is being developed. The second grant is
known as the grant to encourage mandatory arrest. Grant funds are
provided to the Department of Public Safety to develop the central
registry for protective orders and to the Alaska State Troopers to
provide VPSOs with domestic violence training. Money was also made
available to purchase Polaroid kits to better document cases.
Funds were provided to the Department of Law to develop a volunteer
legal advocate core to assist paralegals and prosecutors in
maintaining contact with victims. Finally, funds were provided to
the Department of Corrections to develop a pilot project for
misdemeanant domestic violence offenders.
CDVSA has also been actively involved in coordinating with the
Court System, the Division of Public Assistance in addressing
welfare reform and the domestic violence exceptions, the Division
of Public Health in the development of emergency medical services,
Alaska's interdepartmental committee for young children, the Alaska
Statewide Child Protection Team, the Tribal State Collaboration
Group, Department of Corrections Victim Services Promising
Practices Conference and plans, Maternal Child and Family Health
Domestic Violence Project, local law enforcement agencies on the
implementation of the Domestic Violence Law, and numerous local
agencies interested in applying for some of the discretionary
federal grants.
MS. ANDREEN addressed the three recommendations contained in LBA's
1997 audit. The first recommendation pertained to CDVSA's failure
to complete onsite evaluations for the past two years. CDVSA is
back on track and by the end of FY 98 will have evaluated all but
one of its funded programs, which will be completed this summer.
CDVSA has implemented timelines. The onsite evaluations have been
completed, as well as a draft report. The second recommendation in
both the 1994 and 1997 LBA audits related to data collection.
CDVSA recently hired a data entry employee. Data entry through FY
97 has been completed, and CDVSA expects to be caught up shortly.
Eventually each program will be responsible for doing its own data
entry. Five pilot sites are testing software developed for this
purpose. CDVSA expects this approach to be fully implemented in FY
99. LBA's final concern was that CDVSA did not complete its FY 96
and FY 97 annual reports. The incompletion was due to the fact
that the data entry had not been completed. CDVSA is drafting its
reports at this time and expects them to be compled by the end of
March.
MS. ANDREEN concluded by discussing the Domestic Violence Summit
that occurred in December. National and statewide leaders and
front line people discussed how Alaska is measuring up. Alaska has
one of the most comprehensive response systems to domestic violence
in the country. Alaska has also consistently listened to the
voices of battered women in whatever policy decisions have been
made. A dedicated group of people work on this issue, and an
educated Legislature and Governor have been willing to put aside
partisan politics to address domestic violence. Alaska has the
availability of regional shelters and a systemic response to
promote victim safety and it has developed a good set of batterer
intervention standards. Alaska does need more resources for
shelters, transitional housing and victim services. A lot of
people are not being provided with immediate safety and crisis
intervention. Alaska needs to pay more attention to how to
effectively respond to offenses in rural areas. Better
coordination of community responses will improve the effectiveness
of the existing system. Alaska needs to pay much more attention to
how domestic violence affects children, and it needs to eliminate
conditions within its institutions, communities, and its
relationships that support violence against women.
Number 500
SENATOR LEMAN asked Ms. Andreen to provide him with CDVSA's written
report. He expressed concern about the administrative deficiencies
she discussed and he wants to make sure CDVSA is collecting good
data and that it is developing reports. He asked what data CDVSA
collects at this time, and whether that data can show whether
occurrences of domestic violence are on the rise, or whether more
people are reporting occurrences.
MS. ANDREEN replied CDVSA has not had the ability to capture
accurate data on the number of incidences and the number of people
directly involved in domestic violence. CDVSA has collected
information on the people who receive services from the programs
funded around the state. Two forms are currently being used: the
first is a client intake form which gathers demographic information
on the recipient of services including family history of violence
and/or abuse as well as legal services accessed. That report is
filled out when a person initially becomes a client, and is updated
later on if there is a significant change of status, i.e., a client
may receive domestic violence services and later it is discovered
that the client's child is a victim of incest or child sexual
abuse. A new demographic form would be completed for that issue.
Also, programs complete a services provider form each month. That
form documents what types of services have been received by each
client. It also includes the number of shelter stays and safe home
nights. Until 1994, CDVSA was not able to effectively access that
information because its software was inadequate. While CDVSA's
information is limited to the people seeking out services, the
Alaska State Troopers, Court System, Department of Corrections and
Department of Law began tracking domestic violence figures in 1996.
CDVSA hopes to eventually pull all of the pieces together. It will
not be able to track one person through the system, but it will be
able to find comparative data, such as the number of calls,
arrests, and prosecutions.
Number 546
SENATOR LEMAN asked Ms. Andreen to address his question about the
number of arrests for rape versus the number reported.
MS. ANDREEN responded that CDVSA estimates the number of cases
reported versus the number that occurs ranges from 10 to 12
percent.
SENATOR LEMAN asked whether the number of arrests is even smaller.
MS. ANDREEN believed the number is considerably smaller. She
offered to provide the committee with those statistics.
SENATOR LEMAN stated those offenders need to be pulled off of the
street. He referred to Speaker Phillips' February 2 letter, and
asked what CDVSA's philosophy is on the batterers' intervention
programs.
MS. ANDREEN stated CDVSA has looked for alternate forms of funding
during the past year and requested permission to use some federal
money to subsidize batterers' intervention programs, however the
request was denied. The question of how to address this issue was
discussed at the Domestic Violence Summit. CDVSA did not
specifically request an increase in the FY 99 budget for batterers'
intervention programs. It did request a small increase for victim
services and an increase for 1.5 positions in the CDVSA office to
deal with the administrative overload. MS. ANDREEN said drawing
the line between victim safety and subsidizing batterers programs
has been difficult. CDVSA believes offenders should pay for their
own treatment but it cannot condone a criminal rehabilition system
that is available only to those offenders who have money.
SENATOR LEMAN asked whether CDVSA lobbied for any legislation not
listed in the LBA report.
MS. ANDREEN answered she did not have that information with her but
would provide it at a later date.
TAPE 98-21, SIDE B
SENATOR WARD asked Ms. Andreen to elaborate on CDVSA's input into
the Department of Corrections' policy on treatment program for sex
offenders.
MS. ANDREEN replied CDVSA has not been directly involved in the
Department of Corrections' discussions about the Highland Mountain
facility. CDVSA is serving on a Department of Corrections'
committee that is conducting a needs assessment of female inmates
by surveying them to identify a number of demographic and
background issues. The survey has revealed, among other things,
that a majority of the female inmates are victims of domestic
violence or sexual assault.
SENATOR WARD said a lot of money is being spent on treatment
programs for sexual offenders yet he is not sure anyone can ever be
cured, especially if alcohol abuse is also an issue. He asked Ms.
Andreen if CDVSA plans to review the program criteria because
millions of dollars are being spent without any apparent results.
He noted he cannot find out who devised the program criteria and
policies. He stated his goal is to find out why the programs are
not working and to determine if the programs need to incorporate
cultural relevance and/or alcohol and drug treatment.
Number 535
MS. ANDREEN responded that CDVSA has not been actively involved in
coordinating with DOC on its sex offender treatment program during
the past four years, but DOC has been very gracious about sharing
any studies it has. She stated she would discuss the issue with
CDVSA and DOC. She added CDVSA has a close working relationship
with DOC in regard to the standards for prison batterers programs.
SENATOR ELLIS thanked Ms. Andreen and CDVSA for their support of
the electronic victim notification program that should become
operational any day. He asked Ms. Andreen to comment about the
attitude of the Alaska Housing Finance Corporation toward victims
of domestic violence, and to comment about the adequacy of
substance abuse treatment programs since alcohol is almost always
a factor in domestic violence incidences.
MS. ANDREEN replied CDVSA has worked with the Alaska Housing
Finance Corporation (AHFC), at its request, a couple of times in
the last four years while it was evaluating its policies. CDVSA is
very concerned about AHFC's policies toward transitional housing
and homeless needs of victims of domestic violence. Grantees
occasionally express concerns about local implementation. CDSVA
believes local relations need to be dealt with at the local level
so it provides information and support for programs. CDVSA can act
as an advocate on behalf of victims statewide, so it does get
involved in issues that cannot be addressed at the local level.
Shelters provide women and children a place to live for up to two
months, but it can take up to one year for a family to stabilize
after the crisis the domestic violence has caused. Finding safe,
affordable housing is difficult for people in transition.
Regarding substance abuse treatment, MS. ANDREEN said CDVSA has
coordinated with DHSS. She has heard several times, as a council
member, that women need residential substance abuse treatment
centers where they can bring their children. She added that the
batterers' intervention programs are set up so that staff initially
screens participants for mental health and/or substance abuse
problems. When present, treatment is incorporated into the
offender's contract.
CHAIRMAN WILKEN excused himself from the meeting due to a schedule
conflict and handed the gavel to Vice-chair Leman.
Number 478
VICE-CHAIR LEMAN encouraged participants to review a bill he
introduced that allows a person coming up for parole review to
determine the time for parole consideration as long as the change
will not harm the victim.
TRISHA GENTLE, representing STAR in Anchorage, informed committee
members that last year there were 316 adult sexual assault arrests
and 317 child sexual assaults arrests, compared to 916 new victims
that STAR served at its crisis center. Ms. Gentle estimated about
70 offenders were convicted.
SENATOR WARD asked Ms. Gentle to find out how many of those
convictions resulted in court ordered treatment.
MS. GENTLE asked committee members to extend the life of CDVSA. In
her work with national groups, she has been very proud that Alaska
is far ahead of many states regarding domestic violence issues.
Many states have no structure or plans to attack the problem.
CDVSA provides a structure that enables very effective use of the
money that comes into the state.
Number 446
JAN MacCLARENCE, representing Abused Womens' Aid in Crisis (AWAC)
in Anchorage, testified in support of SB 237. AWAC is the largest
and oldest domestic violence program in Alaska and operates with a
waiting list about 70 percent of the time between Thanksgiving and
March. CDVSA has overseen AWAC since the council was created and
it has provided support and technical assistance in a variety of
areas. CDVSA ensures that programs meet certain standards in the
services they provide to victims to ensure the services are
effective in breaking the cycle of violence.
VICE-CHAIR LEMAN asked how Senator Parnell's legislation regarding
batterer treatment programs will help AWAC in the services it
provides.
MS. MacCLARENCE stated AWAC has been running the male awareness
program, the largest batterers' intervention program in Alaska, for
seven years. The court system in Anchorage has been ordering
batterers to non-standard programs that give the illusion that the
perpetrator is involved in something that will make a difference
and gets the perpetrator on the good side of the law, but many of
these programs are absolutely ineffective. One program holds
sessions for two weekends, amounting to 32 hours, and primarily
provides information. Ms. MacClarence said listening to a
presentation with information does not equate to a behavior change.
To make a behavior change requires a process of obtaining
information, trying out the new behavior, obtaining more
information, and revising the behavior change, a process that takes
time. It would be helpful if the courts order offenders only to
programs that meet standards.
SENATOR WARD asked whether measurable results are available for
either program.
MS. MacCLARENCE remarked good research that documents results is
not available. She said 85 percent of the people who complete the
longer treatment program are not reordered to it. She noted that
no system to track offenders exists, so it is unknown whether some
do not return because they left the state.
SENATOR WARD asked whether Ms. MacClarence knows what percentage of
offenders attending the shorter program return.
MS. MacCLARENCE did not know.
Number 385
LAUREE HUGONIN, Executive Director of the Alaska Network on
Domestic Violence and Sexual Assault (ANDVSA), provided the
following history on the discussion of domestic violence and sexual
assault. For most of recorded western history the discussion
centered around men's property rights. The word "rape" comes from
the Latin word "ripare" which means to steal, seize, or carry away.
Men accessed law enforcement, the courts, and the legislature to
keep their property from losing value, or to seek restitution for
property that had been damaged. In Alaska, up until the early '80s
when Senator Halford shepherded a bill through the Legislature,
marital rape was not recognized as a criminal act. A common
everyday expression for the accepted way of doing things is to say
something is done as a rule of thumb. That expression originated
in English common law and meant that men could beat their wives as
long as the rod they used was no bigger around than their thumb.
This concept was brought to the United States and incorporated into
many states' laws. Not until after World War I had all states
removed this concept from their statutes. The history is important
in understanding that violence against women has been
institutionalized and accepted in this country for more years than
not. It is a systemic problem that requires a systemic response.
Today the crime of domestic violence is a crime against a person,
not property, and women can seek relief through the justice system
on their own behalf. The nation's response to domestic violence
and sexual assault has changed. ANDVSA appreciates the
Legislature's commitment to end domestic violence and sexual
assault. ANDVSA supports the extension of CDVSA and asks the
committee to support it as well.
Number 352
CAREN ROBINSON, representing the Alaska Womens' Lobby, testified in
support of SB 237. MS. ROBINSON stated she testified on this bill
17 years ago and is glad to see CDVSA is actually working and has
become such an important part of our state system. She stressed
how unique and important this council has been. CDVSA has looked
at the needs of the entire state from its inception. CDVSA was
placed within the Department of Public Safety which showed the
nation that this problem was not something that was just a family
matter, but rather it is a crime. CDVSA established regional
shelters and brought all related programs under one roof. Across
the nation, domestic violence programs are fighting with sexual
assault programs for dollars. By bringing all related programs
under one roof, CDVSA was able to make discoveries related to this
issue and to start making changes early. The council has
representatives from all of the departments with some involvement
in this issue. Prior to its creation, the shelter programs would
meet and try to figure out how to fund the programs and which
programs needed funding the most. She commended former
Commissioner Nix, Lt. Governor Terry Miller, Karen Perdue, and
Governor Jay Hammond for the amount of time they invested to make
this council work. CDVSA is a model council if one looks at the
amount of work it accomplishes compared to the limited number of
staff it has.
Number 280
CYNTHIA COOPER, Vice Chair of CDVSA, and Deputy Attorney General
for the Criminal Division of the Department of Law, urged
committee members to extend the council's life. The council's key
word is coordination; it works with numerous state and federal
agencies, local organizations and service providers. CDVSA's
counterparts in the lower 48 are fighting over which programs will
get money, and a duplication of efforts is occurring. Other states
have been looking to CDVSA as a model for legislation and its
projects and programs. Alaska was chosen as one of four
participants in the STOP project, a project designed to put
innovative solutions to combatting domestic violence and sexual
assault, on the internet. The existence of CDVSA has enabled
Alaska to have a broader vision of how to deal with these problems
and to coordinate data collection. It is important CDVSA continue
its mission into the next century to complete its mission.
SENATOR WARD questioned how many cases of domestic violence or
sexual assault are alcohol or drug related.
MS. COOPER replied she could not provide an accurate number but
believes alcohol and substance abuse play a great part in domestic
violence and sexual assault.
SENATOR WARD said he wants to know how many legal drugs are
involved in these cases.
MS. COOPER responded that without going through individual files,
there is no way to get that information. She said she could
determine the number of cases in which alcohol and/or substance
abuse treatment was ordered.
SENATOR WARD indicated he participated in separating the Department
of Corrections from the Department of Health and Social Services 13
years ago and he has been trying to get that information ever
since. He expressed concern that some of the offenders were
victims of abuse themselves and repeated the behavior. He
questioned why determining the prevalence of alcohol abuse in this
crime is so difficult.
MS. COOPER said the Department of Law's computer system was
designed in 1982 and is quite antiquated now. The department
currently has an RFP out to revise and update its system to capture
a lot more data.
Number 193
VICE-CHAIR LEMAN maintained that information should be part of
CDVSA's database from this time forward. He announced the committee
will hold SB 237 until Monday to review whether any other aspects
of the batterers' programs can be incorporated into it.
SB 252 - PATERNITY/CHILD SUPPORT/NONSUPPORT CRIMES
SENATOR WARD informed committee members the State of Idaho has
voted down three separate bills dealing with the mandatory federal
requirements of the welfare reform act. Each time a bill was voted
down, the Legislature would coordinate negotiations with the
federal government. A fourth bill is being introduced today before
the Idaho Legislature. He asked that committee members get a copy
of that bill and information about the negotiations so that they
can learn exactly what the federal government is requiring.
VICE-CHAIR LEMAN asked staff to obtain that information. He noted
SB 252 is tentatively scheduled next Monday.
There being no further business to come before the committee, VICE-
CHAIR LEMAN adjourned the meeting at 10:32 a.m.
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