03/08/2023 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB12 | |
| Presentation(s): Alaska Bar Rule 43.5 and the Community Justice Worker Program by Nikole Nelson, Executive Director Alaska Legal Services Corporation | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 12 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 8, 2023
1:31 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
Senator Löki Tobin
COMMITTEE CALENDAR
SENATE BILL NO. 12
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
- HEARD & HELD
PRESENTATION(S): ALASKA BAR RULE 43.5 AND THE COMMUNITY JUSTICE
WORKER PROGRAM BY NIKOLE NELSON~ EXECUTIVE DIRECTOR ALASKA LEGAL
SERVICES CORPORATION
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 12
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) STA, JUD, FIN
02/02/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/02/23 (S) Heard & Held
02/02/23 (S) MINUTE(STA)
02/28/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/23 (S) Moved CSSB 12(STA) Out of Committee
02/28/23 (S) MINUTE(STA)
03/01/23 (S) STA RPT CS 1DP 3NR NEW TITLE
03/01/23 (S) DP: KAWASAKI
03/01/23 (S) NR: WIELECHOWSKI, BJORKMAN, MERRICK
03/08/23 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
ELLA ADKINSON, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided the sectional analysis for SB 62.
SUZI PEARSON, Director,
Abused Women's Aid in Crisis
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 12.
KEELEY OLSON, Director,
Standing Together Against Rape
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 12.
MICHAEL RADGOSKY, President
Police Officers Association
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 12.
RANDY MCLELLAN, President
Alaska Correctional Officers Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 12.
NIKOLE NELSON, Executive Director
Alaska Legal Services Corporation
Juneau, Alaska
POSITION STATEMENT: provided the presentation, Alaska Bar Rule
43.5 and the Community Justice Worker Program by Nikole Nelson,
Executive Director, Alaska Legal Services Corporation.
ACTION NARRATIVE
1:31:40 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:31 p.m. Present at the call to order were
Senators Kaufman, Giessel, Kiehl and Chair Claman.
SB 12-ADDRESS CONFIDENTIALITY PROGRAM
1:32:28 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 12
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
[Before the committee was CSSB 12(STA), work order 33-LS0162/U]
SENATOR JESSE KIEHL, District B, Alaska State Legislature,
Juneau, Alaska, Sponsor of SB 12 paraphrased the sponsor
statement.
SB 12 creates an address protection program for
victims of sexual assault and domestic violence, peace
officers and correctional officers, and their
families. Alaska is one of only nine states without
any form of address protection program. A person needs
an address to vote, drive, work and send children to
school. When an address shows up in a public record, a
person seeking safety from a stalker or abuser faces
unnecessary danger. Alaska law enforcement
professionals also face threats of retribution. An
address protection program gives those Alaskans a tool
to stay safe. Under SB 12, the state would retain a
post office box and confidentially forward mail to the
persons true address. He stressed that Alaskans with
a protective order, public safety professionals, and
their families deserve a chance to live safely.
SENATOR KIEHL shared the impetus for the proposed legislation
with a story about a former legislator who described her pre-
legislative work in victim services. He remarked that
participation in public life creates public records that often
contain an address.
Senator Tobin joined the hearing.
SENATOR KIEHL furthered that the proposed legislation provides
those with a protective order against a stalker or domestic
violence assailant the opportunity to use a State of Alaska post
office box. The victims official mail is forwarded to their
true mailing address with confidentiality protections. The bill
enables a victim to bypass the creation of a public record that
could lead an assailant to them.
SENATOR KIEHL stated that the bill also includes a provision for
Peace Officers and Correction Officers. The provision was
included in the bill because of an illegal online effort to
disclose police officer addresses and locations of their
childrens schools. He added that SB 12 does not have the power
to erase a presence from the internet. The bill language is
directed at cases where a person truly restarted their lives
after surviving domestic violence or has a career in public
safety. The address protection registry under SB 12 can be used
to keep families safe.
CHAIR CLAMAN asked about the sectional analysis and changes made
in the Senate State Affairs Standing Committee.
1:37:06 PM
ELLA ADKINSON, Staff for Senator Kiehl, Alaska State
Legislature, Juneau, Alaska provided a sectional analysis.
SB 12 version U: Address Protection
Sectional Analysis
Sec. 1: Puts the program in the Department of
Administration.
Sec. 2: Creates the program.
(b) requires a Post Office Box as a substitute
mailing address for enrollees and instructs the
department to forward mail to participants. It
charges the department with protecting
confidentiality and requires regulations to
govern enrollment and withdrawal.
(c) describes eligible participants as people
sheltered by a protective order and their
parents, guardians, children, and household
members. It also admits peace officers and
correctional officers.
(d) requires state and municipal agencies to
accept the P.O. Box.
(e) describes the eligibility period.
(f) forbids the department from charging a fee.
(g) allows access to confidential addresses
subject to a search warrant.
(h) establishes penalties for unlawfully
revealing a protected individual's address.
(i) defines certain terms.
Sec. 3: Establishes a transition period for the
department to adopt regulations to implement the
program.
Sec. 4: Lets the department begin its regulation
process immediately.
Sec. 5: Sets an effective date of Jan. 1, 2024, for
the rest of the bill.
SENATOR KIEHL reviewed the changes in the committee substitute.
The root version of the bill placed strictures on the court
system for Peace Officer and Correctional Officer addresses. The
court system has a long-standing system of allowing police
officers to list their work address when they are asked to be in
court. Learning this prompted the removal of those provisions
from the bill. He mentioned another deletion of a protective
order that involves protecting minors and people with
disabilities from the financial dissipation of assets, which are
not safety concerns. Lastly, the changes fine-tuned the
definition of household members who might participate in the
registry.
Summary of Changes for SB 12 Bill Version B to U
1. Section 1, page 1 line 5-11 has been deleted
2. Section 2, page 1 line 12-page 2 line 11 has been
deleted
3. Section 3, page 2 line 12-page 3 line 2 has been
deleted
4. Section 4, page 3 line 3-16 has been deleted
5. Section 6(c)(3), page 4 line 30-31 has been deleted
6. Section 6(i)(4), page 6 line 18, has been amended,
removing "another individual" and replacing it with
"an individual enrolled in the program"
1:39:53 PM
CHAIR CLAMAN recalled concerns about the fiscal note in the
Senate State Affairs Standing Committee hearing on SB 12.
SENATOR KIEHL replied that the Department of Administration
refined their fiscal note. The fiscal impact to the bill relates
to personal services as the new program requires two staff
members.
SENATOR TOBIN was interested in the definition of Peace Officer.
She read that the definition includes United States Marshal. She
wondered if the program would apply to a federal law officer
commissioned as a state trooper.
1:41:32 PM
SENATOR KIEHL responded that the bill uses the broad definition
of the statutes in Title 1. He offered to provide concrete data
but believed that all police officers would qualify for the
program.
1:42:02 PM
SENATOR KAUFMAN asked about commercial mail forwarding services.
He wondered if a forwarding service might provide a different
option.
1:42:41 PM
SENATOR KIEHL responded that the bill addresses the minimal
provision of forwarding mail necessary to participate in public
life. He pointed out that the program does not serve as a
forwarding service for Amazon packages. The effort of the
legislation is to enable people to live life without creating
public records. He remarked that the legislation matches that of
41 other states. The precise implementation was left to the
Department of Administration who was unable to find a commercial
service that could offer the needed protection at this time.
SENATOR KAUFMAN appreciated the response. He has family members
who use commercial mail forwarding services, and he looked
forward to discussing it further with the sponsor offline.
1:45:08 PM
CHAIR CLAMAN moved to invited testimony.
1:45:27 PM
SUZI PEARSON, Director, Abused Women's Aid In Crisis, Anchorage,
Alaska, testified in support of SB 12. She stated that people
living in domestic violence shelters require alternative mail
options to protect safety.
1:47:08 PM
KEELEY OLSON, Director, Standing Together Against Rape,
Anchorage, Alaska, testified in support of SB 12. She mentioned
working with a similar program in Washington. The accessible
programs are available in up to 40 states nationwide. She
advocated for public servants and law enforcement officers.
1:49:34 PM
MICHAEL RADGOSKY, President, Police Officers Association,
Fairbanks, Alaska, testified in support of SB 12. He opined that
the proposed legislation benefits law enforcement officers. He
appreciated knowing that his loved ones at home are protected by
having their personal location secured from exposure.
1:50:24 PM
RANDY MCLELLAN, President, Alaska Correctional Officers
Association, Anchorage, Alaska, testified in support of SB 12.
He stated that Alaska had approximately 950 correctional
officers spread among 12 different facilities across the state.
He noted that physical assault and threats of harm against
correctional officers and their families are commonplace. He
stated that SB 12 helps ensure that correctional officers and
their families personal information remains private and
confidential.
1:51:32 PM
CHAIR CLAMAN opened public testimony on SB 12. After
ascertaining that no one in the room or online wished to
testify, he closed public testimony.
CHAIR CLAMAN held SB 12 in committee for further review.
1:52:09 PM
At ease
1:53:19 PM
CHAIR CLAMAN reconvened the meeting.
^PRESENTATION(S): Alaska Bar Rule 43.5 and the Community Justice
Worker Program by Nikole Nelson, Executive Director Alaska Legal
Services Corporation
PRESENTATION(S): Alaska Bar Rule 43.5 and the Community Justice
Worker Program by Nikole Nelson, Executive Director Alaska Legal
Services Corporation
CHAIR CLAMAN announced the consideration of the presentation,
Alaska Bar Rule 43.5 and the Community Justice Worker Program
by Nikole Nelson, Executive Director, Alaska Legal Services
Corporation.
NIKOLE NELSON, Executive Director, Alaska Legal Services
Corporation, Juneau, Alaska provided the presentation, Alaska
Bar Rule 43.5 and the Community Justice worker program.
MS. NELSON began the presentation with slide 2, About ALSC.
About ALSC
o Established in 1967 as a private non-profit law
firm.
o Our mission is to make justice a reality for all
Alaskans, not just those who can afford it.
o We do this through providing high quality civil
legal help to Alaskans who don't have access to
legal help.
1:55:44 PM
MS. NELSON continued with slide 3, "About ALSC."
12 hub offices serve every community in Alaska
Anchorage, Bethel, Dillingham, Fairbanks, Kenai,
Kodiak, Ketchikan, Kotzebue, Juneau, Nome,
Palmer/Wasilla and Utqiagvik.
Statewide footprint
Wide variety of sources: federal, state and local
governments; tribal organizations; foundations; and
private donations.
Strategic partnerships to leverage resources.
Office Priorities
Case acceptance decisions are guided by priorities
established by the local office with input from local
communities and approved by our governing board.
Board of Directors Regional Representation
Located throughout the state - attorneys and lay
members
1:56:38 PM
MS. NELSON continued with slide 4, "ALSC Quick Facts."
Service Area: Alaska
• Only comprehensive civil legal aid org. in state
Budget: $7M
Staff: 50+
Locations
• 12 statewide offices
• MLP offices
3,743 cases
• Impacting 7,788 Alaskans
• Clients resided in 176 communities
1:57:31 PM
MS. NELSON moved to slide 5, "ALSC is efficient, cost-effective
and achieves positive results in 86 percent of cases.
5:1 ROI
• Boosting the economies of Alaska communities
• In addressing client legal problems, ALSC secures
millions of dollars in direct federal benefits
for eligible families, stimulates local spending,
sustains private sector jobs, and spares state
and local budgets the costs of responding to
family crises triggered by domestic violence,
foreclosure, eviction, or lack of healthcare.
• Positive outcomes are achieved 86% of the time.
1:57:54 PM
SENATOR KAUFMAN asked about the metrics development. He asked
how the five-to-one ratio was determined. He wondered about the
statistics cited in slide 5.
MS. NELSON offered to share the study calculating the five-to-
one return on investment. She mentioned a formula related to
avoiding domestic violence. One measure involves situations
where people are not visiting an emergency shelter because they
have a civil protective order in place. An additional measure
involves homelessness prevention by helping people avoid illegal
foreclosures or eviction. Another measure added the ability to
draw down benefits when providing veteran advocacy. She added
that positive outcome statistics are derived from clients
represented by ALSC. She cited that the 86 percent success rate
was based on client reporting.
SENATOR KAUFMAN appreciated the detailed information.
CHAIR CLAMAN offered to circulate the information to the
committee.
2:00:01 PM
MS. NELSON moved to slide 6, Barriers to Justice: Access to
Legal Help. She stated that ALSC is forced to turn away 50
percent of applicants because of funding limitations. The cases
turned away often have merit but are denied because of resource
constraints. She added that 92 percent of low income Americans
do not seek legal help in the Lower 48 because of a lack of
education about services and the legal system. Some people do
not correctly identify a problem as a civil legal need, or they
are unable to connect with a legal aid organization or private
attorney.
2:01:38 PM
MS. NELSON moved to slide 7 depicting the Justice Gap/Crisis.
The slide shows a picture of a glacier crevasse illustrating the
gap/crisis.
MS. NELSON continued with slide 8, "Alaska Legal Referral
Network." She shared that the Alaska Supreme Court had a Justice
For All Commission established to better understand our
community landscape. She learned through the commission that
ALSC received more referrals than other legal entities in
Alaska.
2:02:54 PM
MS. NELSON moved to slide 9, depicting four separate maps of
Alaska categorizing legal providers, social service providers,
medical providers and information service providers. She pointed
to the square at the upper left corner of the slide illustrating
locations for private attorneys (blue dots) and public defenders
and ALSC (green dots). She mentioned that most attorneys are
located in bigger communities and along the road system. She
pointed out large areas of Alaska without legal representation.
The commission provided information about other entities with
larger footprints than the legal community.
MS. NELSON explained that ALSC was seeking to borrow
infrastructure. Medical providers in Alaska have the biggest
system footprint. She noted that the Alaska Native Tribal Health
System has community health aids in nearly every community in
the state. She stated that ALSC requested a partnership with the
system to further distribute resources. She remarked that ALSC
began partnering with the Alaska Native Health Consortium and
other regionally operated tribal health providers to build a
network of medical/legal partnerships. The healthcare system
shared similar interests in resolving issues like homelessness,
family violence, finances and health problems. She noted
recognition that life altering legal problems were termed social
determinants of health by the medical community. She mentioned
an effort to embed ALSC staff within the health care system. She
shared that ALSC partnered with the Alaska Native Health
Consortium and Alaska Pacific University to replicate the
community-based healthcare provider program in the legal
context.
2:05:59 PM
MS. NELSON referenced slide 10, "Locally sourced community
justice workforce." She stated that ALSC began a training
program in partnership with the Alaska Native Health Consortium
and Alaska Pacific University to train and support a community
justice-based workforce. She highlighted the development of
asynchronous distance learning modules to allow community
members to help each other with legal issues.
2:06:57 PM
MS. NELSON moved to slide 11, "Advocate Reported Affiliation"
She explained that ALSC recruited over 200 people from various
affiliated organizations. She added that law students in the
Lower 48 have utilized the training modules in an effort to help
Alaskans in need of legal aid.
MS. NELSON moved to slide 12, Community Justice Workers by the
Numbers. She pointed out that ALSC recruited over 200 justice
workers. She added that approximately 100 recruits completed the
training while another 101 people are progressing through the
programs.
2:07:59 PM
MS. NELSON moved to slide 13, "Alaska Bar Rule 43.5 Waiver." She
stated that the Alaska Supreme Court approved the Alaska Bar
Rule Waiver that will allow properly trained and supervised
people to provide limited-scope legal services on November 9,
2020.
• Train on rules of professional responsibility
• Provide supervision as needed
• Community justice workers practice exclusively for
ALSC
• Informed consent
• ALSC puts candidates up for approval
• Scope can evolve with evidence
MS. NELSON moved to the last slide "Community Justice Worker
Resource Center." She stated that ALSC was the recipient of one
in fifty National Sciences Foundation Civic Opportunities Grant.
She shared that 50 different projects were chosen in stage one
and ALSC was one of them. She added that in stage two, 20
projects will receive a million dollar investment for program
expansion.
2:10:20 PM
SENATOR KAUFMAN asked about the term asynchronous learning
module.
MS. Nelson replied that asynchronous learning allows students to
move at their own pace. She highlighted the effort to allow the
educational flexibility via the training and modules. She
explained that ALSC seeks to widen the availability of the
community justice worker training while avoiding over
credentialling. She mentioned that much of the work done by ALSC
involves transactional work that can be performed by a legal
workforce of trained non-lawyers.
2:12:41 PM
SENATOR KAUFMAN differentiated the term nonsynchronous learning
from asynchronous learning.
SENATOR TOBIN expressed her appreciation for the program and to
Erin Lillie for his work with the Nome community.
MS. NELSON appreciated the comment and the contribution of Erin
Lillie as an ALSC board member.
2:13:27 PM
CHAIR CLAMAN asked about the funding source for the new program.
MS. NELSON replied that ALSC received a pro bono innovation fund
grant through the Legal Services Corporation. The grant funding
helped establish the mentioned training modules. She added that
the Alaska Native Health Consortium donated generously to design
already existing training modules. She added that ALSC
contributes general funds to the training program. She spoke
about the opportunity for the National Science Foundation grant
that would invest $1 million into the program. She highlighted
ALSCs capital budget request for $500 thousand to address the
standards and credentialing required to establish the training
center.
2:15:17 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:15 PM.