HB 290-CRIMINAL JUSTICE COMMISSION: MEMBERSHIP  3:04:18 PM REPRESENTATIVE TARR announced that the first order of business would be HOUSE BILL NO. 290, "An Act relating to the membership of the Alaska Criminal Justice Commission; and providing for an effective date." 3:04:34 PM VALERIE DAVIDSON, Commissioner, Office of the Commissioner, Department of Health and Social Services (DHSS), stated that HB 290 had been introduced by the governor's office, and she paraphrased from the Sectional Analysis [Included in members' packets], which read: Section 1: This section amends AS 44.19.642(a) to increase the number of members of the Alaska Criminal Justice Commission from 14 to 15 by adding as a member a resident of the state who has been the victim of a felony crime under AS 11. The governor will appoint this individual for a three-year term. This bill further amends this section to include the Commissioner of Health and Social Services on the Alaska Criminal Justice Commission as a voting member. Section 2: This is a conforming amendment to recognize that the member of the Commission who is the victim of a felony crime serves at the pleasure of the governor and may be reappointed, as is currently the case for the municipal law enforcement and victims' rights advocate members. Section 3: Allows for an immediate effective date under AS 01.10.070(c). COMMISSIONER DAVIDSON explained that the addition of the Commissioner of the Department of Health and Social Services (DHSS) as a voting member on the commission was necessary as there was influence and correlation between the DHSS and Criminal Justice. She pointed out that the Division of Juvenile Justice was within the purview of the DHSS, and not within the Department of Corrections (DOC). She stated that law enforcement worked closely with the division and that any changes to criminal justice laws would have an impact on juvenile justice practices, needs, and resources, particularly for discretionary waivers. COMMISSIONER DAVIDSON added that changes in juvenile justice laws could have an impact on the likelihood of juveniles entering the adult criminal system. She stated that experience in Alaska, as well as other states, had shown that a key aspect for reducing recidivism was the availability of treatment services for substance use disorders. Both the Division of Behavioral Health with behavioral health grants and the Medicaid program with payments for behavioral health were sources for treatment funding. She reported that the Alaska Criminal Justice Commission was required by statute to consider treatment and rehabilitation programs during its deliberations. She shared that when people left the criminal justice system, the opportunity for access to medically assisted treatment or health care had a significant impact on the reduction of recidivism. 3:08:27 PM REPRESENTATIVE SADDLER asked if the Commissioner of DHSS had recently been added to the commission as a non-voting member. COMMISSIONER DAVIDSON offered her belief that this had been a result of Senate Bill 54 during the special session. REPRESENTATIVE SADDLER asked on how many boards Commissioner Davidson currently served. COMMISSIONER DAVIDSON said that she currently served on the Alaska Housing Finance Corporation board and on the Council for Domestic Violence and Sexual Assault, as well as the Alaska Criminal Justice Commission board. She reported that a designee would attend when she was unable. REPRESENTATIVE SADDLER asked if this was all the boards. COMMISSIONER DAVIDSON reported that DHSS had the Suicide Prevention Council, and that others participated on that council. REPRESENTATIVE SADDLER said that he wanted to make sure that this additional responsibility was not adding too many more duties. He asked which meetings she attended and which meetings she had a designee attend. COMMISSIONER DAVIDSON said that she would provide that information. 3:10:25 PM REPRESENTATIVE EASTMAN asked for clarification on the victims. COMMISSIONER DAVIDSON replied that victim was defined under AS 12.55.185, a person against whom an offense has perpetrated, or a person who is a minor, incompetent, or incapacitated that is living in a spousal relationship, a parent, an adult child, a guardian or a custodian. If the victim is deceased, then it is the person living in the spousal relationship, an adult child, a parent, a sibling, or a grandparent or grandchild of the deceased. REPRESENTATIVE SADDLER asked if criminal activity was a behavioral issue or a moral issue. COMMISSIONER DAVIDSON offered her belief that criminal activity was both, and she directed attention to the corrections system in Alaska where individuals were dealing with behavioral health issues and substance use issues. 3:13:05 PM REPRESENTATIVE SADDLER suggested the addition of someone from the faith-based community to the commission in order to share a moral perspective. REPRESENTATIVE TARR asked if this had been considered. She pointed out that the suggestion to have the Commissioner of DHSS on the board had been a recommendation from the Criminal Justice Commission. COMMISSIONER DAVIDSON expressed her agreement that the Commissioner of DHSS be added as a voting member. REPRESENTATIVE TARR asked if there were any other recommendations. COMMISSIONER DAVIDSON said that was the only recommendation to add members to the commission. 3:14:15 PM REPRESENTATIVE SADDLER asked if there was anyone from the commission to testify regarding the intent. He questioned the decision to move the Commissioner from a non-voting to a voting member in such a short time. REPRESENTATIVE TARR said that there was not anyone on-line but it could be suggested as a follow-up request. REPRESENTATIVE SADDLER expressed his agreement. COMMISSIONER DAVIDSON offered that the recommendation to become a voting member had been forwarded at the request of the Behavioral Health Sub-Committee to the Alaska Criminal Justice Commission. COMMISSIONER DAVIDSON, in response to Representative Tarr, reported that the Chair of the Commission was Greg Razo, and the Chair of the Behavioral Health Sub-Committee was Steve Williams. REPRESENTATIVE TARR said that there should be public minutes from the commission meeting. COMMISSIONER DAVIDSON expressed her agreement, although the minutes from the meeting at which this was discussed may not have yet been approved. 3:16:15 PM REPRESENTATIVE EASTMAN directed attention to page 2, line 25, which specifically stated that the new position being created would serve at the pleasure of the governor, and he asked if this was duplicative language and would it still be the case even if this language was deleted. COMMISSIONER DAVIDSON replied that, typically with boards and commission, those positions were nominated and appointed by the governor's office unless specifically outlined as designated by positions or other appointment. 3:17:27 PM REPRESENTATIVE EASTMAN offered his belief that this language would allow the government to terminate the position if displeased. COMMISSIONER DAVIDSON read from the proposed bill, page 2, line 13: "a resident of the state who has been the victim of a felony crime under AS 11 appointed by the governor for a three- year term." She allowed that most governors recognized that reasonable people can disagree, and she pointed out that there had been instances in which members of a commission voted differently than the governor, but that she had not seen this governor replace people "willy-nilly." She declared that the benefit of a state-wide commission or advisory committee was to get a balanced perspective from across the state. 3:19:13 PM REPRESENTATIVE EASTMAN suggested that, when serving at the pleasure of the governor, an appointee would vote with the Governor's desires. COMMISSIONER DAVIDSON asked whether she was referring to a different version of the bill, and she read: "appointed by the governor for a three-year term." 3:19:55 PM REPRESENTATIVE TARR offered her belief that Representative Eastman's reference to page 2, line 25 of the proposed bill referenced the existing statute which created the Alaska Criminal Justice Commission and was not what was being addressed by the proposed bill. She relayed that during her work with the commission, one of the representatives had been very independent with their positions. 3:21:16 PM REPRESENTATIVE EASTMAN directed attention to the position described on page 2, line 13, and stated that this position was characterized on page 2, line 25, as one that "serves at the pleasure of the governor." REPRESENTATIVE TARR opined that, as this was part of the executive branch, the legislature could not be involved in executive branch appointments. She suggested that Representative Eastman contact Legislative Legal Services for advice. REPRESENTATIVE EASTMAN asked if this was duplicative language. He offered his belief that the governor "could just swap them out with somebody that he likes more." 3:22:54 PM REPRESENTATIVE JOHNSTON opined that this was standard in all the advisory commissions. She suggested that he discuss this with Legislative Legal Services to determine the reason for this language. 3:23:19 PM REPRESENTATIVE SADDLER said that, according to the State Constitution, the governor had the right to replace any person on a board or commission for any reason. He said that there were very few boards or commissions with specific rights to membership. 3:24:21 PM REPRESENTATIVE JOHNSTON pointed out that the public members of the permanent fund were protected. REPRESENTATIVE TARR asked if Representative Eastman was satisfied. REPRESENTATIVE EASTMAN mused that it could be open for discussion for change in the future. 3:24:39 PM REPRESENTATIVE SADDLER asked what Commissioner Davidson could contribute to the board as a voting member that she would not be able to accomplish as an ex-officio non-voting member. COMMISSIONER DAVIDSON explained that the state should have a vote for the direction to the role of treatment for recidivism and criminal justice. She declared that a voting position was worthwhile. She pointed out that she would choose to attend any meetings in which she was statutorily required to participate. She pointed out that, as the topic of treatment was discussed at "every, single Criminal Justice Commission meeting" and the recidivism reduction funds had been directed to the DHSS, it would be a missed opportunity not to have the Commissioner of DHSS as a voting member. REPRESENTATIVE SADDLER asked if she was aware that the intent was to make her a voting member when she was appointed as a non- voting member. COMMISSIONER DAVIDSON said that the recommendation to be a voting member of the commission happened before Senate Bill 54 designated her as a non-voting member of the commission. She noted that prior to that, she was not even a member of the commission. She reported that the role of treatment for reducing recidivism in criminal justice endorsed her participation in those meetings. She offered her belief that the change in language to add the Commissioner of DHSS was the result of a vote on the House floor. REPRESENTATIVE SADDLER reiterated that she was involved prior to becoming even a non-voting member. He asked when she became aware that the intent was for her to become a voting member. COMMISSIONER DAVIDSON offered to review the notes of the commission, and she opined that there was a vote in August 2016 to add the Commissioner of DHSS as a voting member of the commission. REPRESENTATIVE SADDLER asked if there had been the intention all along for the Commissioner of DHSS to become a voting member of the commission. COMMISSIONER DAVIDSON stated that she would not speculate on the legislative intent throughout the process. She reiterated the facts. REPRESENTATIVE SADDLER recapped that she believed it was good to be involved as a voting member. COMMISSIONER DAVIDSON stated that, as a voting member, the Commissioner of DHSS would be able to vote on the deliberations before the Criminal Justice Commission. REPRESENTATIVE SADDLER asked if she intended to attend personally or would she designate someone to attend and vote in her place. COMMISSIONER DAVIDSON declared that she had been participating in the meetings and expected to attend all the meetings although she did not anticipate going to meetings if she was incapacitated. 3:31:01 PM REPRESENTATIVE JOHNSTON asked if the meetings were teleconferenced. COMMISSIONER DAVIDSON said that options for both personal and teleconference attendance were available. 3:31:25 PM REPRESENTATIVE TARR declared that the addition of a member who was the victim of a felony crime was very important. She expressed her hope that this would increase the collaboration between departments, an efficient and effective use of dollars. REPRESENTATIVE EASTMAN offered his belief that the reasons stated by Commissioner Davidson for becoming a voting member of the commission were equally valid for the other non-voting members of the commission. He asked if there was an objection to making those voting members, as well. COMMISSIONER DAVIDSON replied that the other non-voting members were appointed by the Speaker of the House and the Senate President. She expressed confidence in the Alaska State Legislature to make that determination. 3:33:19 PM REPRESENTATIVE TARR opined that, as this was an executive branch commission and there was a separation of powers, the legislators could not be voting members. REPRESENTATIVE EASTMAN said that, if it was put in statute, "then it is so." REPRESENTATIVE TARR said that this could be reviewed. She pointed out that members appointed by the legislature, in statute, as opposed to the governor, created this separation of powers. 3:34:51 PM REPRESENTATIVE SADDLER offered his belief that the Alaska Criminal Justice Commission was a creation of the legislature, and he reiterated his earlier question for the increased effectiveness as a voting member of the commission. He suggested that she had said she would be more powerful and her opinions would carry more weight. COMMISSIONER DAVIDSON, in response to Representative Saddler, emphasized that she had not used the word "powerful," as this was a word that she generally did not use when she described herself. She declared that having a vote "gets your position on the record and you're able to actively take a stand on a position in a way that a non-voting member does not." 3:36:01 PM REPRESENTATIVE TARR opened public testimony and after first determining no one wished to testify, closed public testimony on HB 290. 3:36:44 PM REPRESENTATIVE TARR announced that HB 290 would be held over.