ALASKA STATE LEGISLATURE  HOUSE STATE AFFAIRS STANDING COMMITTEE  April 18, 2023 3:04 p.m. DRAFT MEMBERS PRESENT Representative Laddie Shaw, Chair Representative Stanley Wright, Vice Chair Representative Ben Carpenter Representative Craig Johnson Representative Jamie Allard Representative Jennie Armstrong Representative Andi Story MEMBERS ABSENT  All members present COMMITTEE CALENDAR  CONFIRMATION HEARING(S): State Board of Parole - Sarah Possenti Fairbanks - CONFIRMATION(S) ADVANCED Department of Corrections, Commissioner - Jennifer Winkelman Juneau - CONFIRMATION(S) ADVANCED HOUSE BILL NO. 61 "An Act relating to restrictions on firearms and other weapons." - MOVED CSHB 61(STA) OUT OF COMMITTEE HOUSE BILL NO. 116 "An Act relating to appropriations from the restorative justice account." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: HB 61 SHORT TITLE: LIMITATIONS ON FIREARMS RESTRICTIONS SPONSOR(s): REPRESENTATIVE(s) TILTON 02/06/23 (H) READ THE FIRST TIME - REFERRALS 02/06/23 (H) CRA, STA 03/16/23 (H) CRA AT 8:00 AM BARNES 124 03/16/23 (H) Heard & Held 03/16/23 (H) MINUTE(CRA) 03/21/23 (H) CRA AT 8:00 AM BARNES 124 03/21/23 (H) Moved HB 61 Out of Committee 03/21/23 (H) MINUTE(CRA) 03/22/23 (H) CRA RPT 4DP 1DNP 1AM 03/22/23 (H) DP: MCKAY, RUFFRIDGE, MCCABE, MCCORMICK 03/22/23 (H) DNP: MEARS 03/22/23 (H) AM: HIMSCHOOT 04/11/23 (H) STA AT 3:00 PM GRUENBERG 120 04/11/23 (H) Heard & Held 04/11/23 (H) MINUTE(STA) 04/18/23 (H) STA AT 3:00 PM GRUENBERG 120 BILL: HB 116 SHORT TITLE: RESTORATIVE JUSTICE ACCT APPROPRIATIONS SPONSOR(s): REPRESENTATIVE(s) COULOMBE 03/17/23 (H) READ THE FIRST TIME - REFERRALS 03/17/23 (H) STA, FIN 04/18/23 (H) STA AT 3:00 PM GRUENBERG 120 WITNESS REGISTER SARA POSSENTI, Appointee State Board of Parole Fairbanks, Alaska POSITION STATEMENT: Testified as appointee to the State Board of Parole. JENNIFER WINKELMAN, Commissioner Designee Department of Corrections Juneau, Alaska POSITION STATEMENT: Testified as commissioner designee to the Department of Corrections. DON HABEGER, Community Coordinator Juneau Reentry Coalition Juneau, Alaska POSITION STATEMENT: Testified in support of Commissioner Designee Winkelman's appointment. REPRESENTATIVE CATHY TILTON Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Answered questions during the hearing on HB 61, as the prime sponsor. STEVE ST. CLAIR, Staff Representative Cathy Tilton Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Answered questions during the hearing on HB 61, on behalf of Representative Tilton, prime sponsor. REPRESENTATIVE JULIE COULOMBE Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented HB 161, as the prime sponsor. EDRA MORLEDGE, Staff Representative Julie Coulombe Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Provided a PowerPoint presentation on HB 116, on behalf of Representative Coulombe, prime sponsor. DIANE CASTO, Executive Director Council on Domestic Violence and Sexual Assault Juneau, Alaska POSITION STATEMENT: Answered questions during the hearing on HB 116. BRENDA STANFILL, Executive Director Alaska Network on Domestic Violence and Sexual Assault Juneau, Alaska POSITION STATEMENT: Offered invited testimony during the hearing on HB 116. ERICK CORDERO Palmer, Alaska POSITION STATEMENT: Testified in support of HB 116. ACTION NARRATIVE 3:04:20 PM CHAIR LADDIE SHAW called the House State Affairs Standing Committee meeting to order at 3:04 p.m. Representatives Carpenter, C. Johnson, Armstrong, Story, Wright, and Shaw were present at the call to order. Representative Allard arrived as the meeting was in progress. ^CONFIRMATION HEARING(S): ^State Board of Parole ^Department of Corrections, Commissioner CONFIRMATION HEARING(S):  State Board of Parole  Department of Corrections, Commissioner  3:05:06 PM CHAIR SHAW announced that the first order of business would be confirmation hearings. 3:05:31 PM SARA POSSENTI, Appointee, State Board of Parole, provided an overview of her background and qualifications, citing her 12 years of experience on the State Board of Parole. As this was her fourth appointment to the board, she expressed support for the current membership. She highlighted her background in criminal justice and social work, as well as her experience as a probation officer specializing in the supervision of sex offenders and substance abuse treatment. CHAIR SHAW invited questions from members of the committee. 3:07:24 PM REPRESENTATIVE STORY reported that the number of Alaskans released on discretionary parole had decreased from a high of 66 percent in 2015 to 25 percent in 2022. She questioned the reason for the reduction. MS. POSSENTI shared her understanding that more programming was offered in prior years, noting that programming completion was a significant factor for release on discretionary parole. She claimed that numbers were skewed due to SB 91; additionally, she referenced the pandemic as a reason for varied rates, as programming decreased during that time. She expounded, predicting that numbers would increase in the future. REPRESENTATIVE STORY asked Ms. Possenti to describe her decision-making process in regard to granting discretionary parole. MS. POSSENTI said when considering a person for discretionary parole, she considered whether early parole would diminish the seriousness of the offense; whether rehabilitation could be furthered by release; the likelihood of the individual committing further crimes or violating the conditions of release; whether the individual was a threat to the public; and the individual's history under supervision. Her goal, she said, was to make the best decision for both the community and the inmate's rehabilitation. REPRESENTATIVE STORY asked whether it was common practice for an inmate who was denied discretionary parole to wait 10 years before reapplying. MS. POSSENTI indicated that the 10-year "set off" was a longstanding practice for serious crimes. REPRESENTATIVE STORY inquired about the timespan for nonserious crimes. MS. POSSENTI said the level of programming determined the "set off" time followed, sometimes, by an option for reconsideration if certain criteria were completed by the inmate. REPRESENTATIVE STORY cited 2022 data from the State Board of Parole showing that white inmates were twice as likely to be granted discretionary parole compared to Alaska Native inmates. She asked why that statistic was present. MS. POSSENTI said she would have to follow up after reviewing the data. She speculated that access to programming could be a contributing factor. 3:20:04 PM REPRESENTATIVE WRIGHT highlighted Ms. Possenti's 12 years of service and inquired about her continued desire to serve on the board. MS. POSSENTI said she possessed a special quality for working with troubled individuals while respecting them and meeting their needs. She believed that she worked well with criminals, explaining that she helped them recognize their strengths and encouraged them to make better decisions. She added that serving on the board allowed her to continue that work. 3:22:16 PM REPRESENTATIVE ALLARD asked whether race was a determining factor when considering an individual for parole. MS. POSSENTI answered, "Absolutely not." 3:22:41 PM REPRESENTATIVE ARMSTRONG asked whether the board made decisions that put a greater emphasis on punishment rather than rehabilitation. MS. POSSENTI acknowledged that in some cases, granting parole would diminish the severity of the crime when victims were involved. REPRESENTATIVE ARMSTRONG asked whether Ms. Possenti believed that people could change. MS. POSSENTI answered yes, she believed that people could change, as she had witnessed it through her work in the criminal justice system. She expressed her hope that each all parolees would become productive citizens. 3:25:45 PM REPRESENTATIVE CARPENTER asked how the board determined whether a person was likely to recidivate and whether that person was a danger to the community. MS. POSSENTI observed that most people who came before the parole board were not first-time offenders. She explained that her questions often revolved around treatment and community support, as most inmates were struggling with addiction. 3:29:42 PM CHAIR SHAW thanked Ms. Possenti and welcomed Commissioner Designee Winkelman. 3:30:15 PM JENNIFER WINKELMAN, Commissioner Designee, Department of Corrections (DOC), paraphrased the following written remarks [original punctuation provided]: • Good afternoon to the members of House State Affairs Committee. For the record My name is Jen Winkelman. As mentioned, I am proudly here as the Commissioner- designee for the Department of Corrections. • I know you are in receipt of my resume and I have had the great fortune of visiting with several of you in your office, prior to today. • Little about myself?I am a 4th generation Alaskan. I was born and raised in Fairbanks. My paternal grandparents homesteaded on Chena Hot Springs Road. A fun fact- my great grandma was born in Chicken, Alaska. I graduated from the University of Alaska Fairbanks with a degree in Justice and Paralegal Studies. I thought I would continue on to law school or graduate school for Chemistry. At one point, I wanted to be an attorney or work in a crime lab. • During my final days in college, I participated in an internship in the Fairbanks District Attorney's office and had the privilege of learning about the work Probation/Parole Officers do. I was intrigued by the ability to wear two hats in one job. One was that of a social worker and the other was that of a public safety officer. I was fortunate enough to be hired on as PO a little over 22 years ago. By trade I would call myself a Probation and Parole Officer. I started as an entry level Probation Officer and wrote presentence reports for the 4th Judicial District and have worked my way through the ranks of this wonderful career. • While in the field, I have covered and supervised offices from our northernmost office in Barrow/Utigavik to our southernmost office in Ketchikan. I have also worked for the Division of Institutions, inside Fairbanks and Palmer. Not only did this give me experience working the toughest beat inside our facilities, it gave me experience working with both unsentenced and sentenced inmates. • In 2016, my family and I relocated to Juneau when I accepted a position as the Chief Probation Officer of Region 2. The region consisted of Fairbanks, Western Alaska, Northern Alaska as well as Southeast. I feel strongly this position gave me a very unique and special view of Corrections across the state. I am familiar with the strengths and struggles, particularly as they pertain to Corrections, across the state and how they differ from one area to the next. • In 2018, then Commissioner Dahlstrom trusted me to run the Division of Pretrial, Probation and Parole and I was appointed into the Director position. I held that position until being presented this current opportunity by Governor Dunleavy. When the Governor asked me to step into the Commissioner role, it was an incredibly easy yes for a couple of different reasons, but I would say that the most significant factor was the support that the Governor and the Legislature has given to the Department and our staff. • My husband of 13 years, Ron, is in the room today. He is Alaska Native, an Athabascan Indian born in the village of Shageluk on the Inoko River. He is absolutely my biggest supporter. He retired in 2016, after 30 years with the Department of Corrections. He worked as both a Correctional and Probation Officer. We get a couple of raised eyebrows when our children tell their friends that their mom and dad met in jail. We have 2 beautiful school age boys who love soccer, baseball, skiing/snowboarding and we live in Juneau, so of course, fishing! • A little more about me, I value developing and building relationships. With staff, outside agencies, the Legislature, and of course those in our care and custody. My experience across the state has led me figuring out how to work together with whatever resources might be available. Very early on in my career a colleague shared with me that we are in the relationship business and that is something I have never forgotten. We cannot work Corrections alone or in a silo. It takes a team. • Another value I bring to this position is that I am naturally a problem solver. I like to think outside the box for solutions. During my career I have managed a caseload of felony offenders. I am not afraid to tackle tough, sensitive situations when a decision needs to be made. This may mean making an arrest or removing someone from their home to help a victim or a child. On the flip side I may be working with someone who has hit rock bottom and I would make the decision to refer them to treatment instead of taking them to jail. These type of decisions I never made lightly. I have been fair and impartial in making decisions. I consider facts and successfully formulate decisions based on the big picture and ultimately the safety of our community. These are skills critical for the Commissioner of Corrections. • Before I go into my goals, I would like to mention something I appreciated Senator Claman sharing years ago. These are my words, so I hope I am reflecting your sentiment accurately. You acknowledged that long range vision for Corrections is really important and the changes from one administration to the next makes it difficult for the Commissioner of Corrections to do their job. Having been a staff member of DOC through several different administrations, pendulum shifts of being tough on crime, easier on crime, putting money into programming, cutting programming, I could not agree more that the job demands a long vision, and the position is an imperative part of public safety. I will also take the opportunity to say on the record that reentry has to be considered just as much a part of public safety as incarceration. • You have likely heard me talk about my 3 goals or vision for the Department in various meetings. I would like to share them here on the record. 1. Health and Well Being of staff. Starts with shifting a culture so there is nobility in the profession of Corrections, no matter where you work in the Department. Kitchen, Maintenance, Admin, Medical, to our officers. Giving staff a sense of purpose and having them recognize they are part of something bigger. Healthier staff will have a greater impact on those in our care. Providing training and promotable opportunities once staff are on board is critical to job satisfaction. We have 24 hour jobs, having the ability to be flexible in our work day or schedule helps promote wellness. 2. My second goal is that those who enter our system, leave us better than they came to us. Ive been doing this long enough to know I am not going to save the world. There are some dangerous individuals in our care that because they are there, we are safer. But for those releasing, making sure they release better than they came to us is important. It may mean a shower, sober for a few days?. Or maybe they are reunited with kids or a GED. 3. Finally, as cliché as it sounds?.do the same thing you get the same result. We need to be using resources, technology and best practices to do business differently. The hope is this will drive down recidivism. This might be as simple as examining current old practices and upgrading assessments to implementing tablets to help with everything from programming to visitation. • In closing, I just want to say it is an absolute honor and a privilege to serve the Department and those in our care and custody. To echo some of the words of Chief Justice Winfree in his state of the judiciary comments, I am just a kid from Fairbanks who had a dream to someday be in a position to make important decisions and effect the well being of others. I have been honored to do just that as a Probation/Parole Officer for most of my career. To my delight and surprise I now find myself with an opportunity to head the Department I love. I am committed to giving it all I have to give for not only the 2100 employees, the nearly 11,000 in our care and custody? but for all Alaskans. Thank you again for your time and support today and I am happy to answer questions. 3:40:37 PM REPRESENTATIVE ARMSTRONG requested high-level, concrete examples of how the department was helping inmates leave the facilities better than they entered. COMMISSIONER DESIGNEE WINKELMAN explained that for short-term stays, it meant getting inmates a shower, for example. For inmates with longer sentences, the goal was to provide programming inside and housing upon release. 3:41:50 PM REPRESENTATIVE STORY discussed the importance of treatment and rehabilitation. She asked how the commissioner designee was working to ensure that department funds were being used in that capacity. COMMISSIONER DESIGNEE WINKELMAN detailed the benefits of offering telehealth options in rural Alaska and providing tablets in custody. She highlighted the importance of program availability and listening to feedback from staff regarding which programs yielded successful outcomes. 3:43:59 PM REPRESENTATIVE STORY inquired about Commissioner Designee Winkelman's vision for educational programming inside DOC facilities. COMMISSIONER DESIGNEE WINKELMAN indicated that the educational component went hand-in-hand with the treatment component. She said partnering with the university to offer educational programming was a long-term goal. 3:45:20 PM REPRESENTATIVE STORY asked whether progress had been made on retention and recruitment issues, as well as staff shortages. COMMISSIONER DESIGNEE WINKELMAN indicated that the needle was "slightly" moving in a positive direction. She explained that temporary housing had been extended from 15 days to 120 days in Juneau to allow new hires to find permanent housing. In areas that weren't experiencing staff shortages, a TDY program was being utilized to spread out staff and fill some of the voids. REPRESENTATIVE STORY inquired about the policies and procedures for inmates going through withdrawal. COMMISSIONER DESIGNEE WINKELMAN opined that current screening practices were working, as nothing of that nature had been raised as a concern. 3:48:59 PM CHAIR SHAW opened public testimony on Commissioner Designee Winkelman's appointment. 3:49:34 PM DON HABEGER, Community Coordinator, Juneau Reentry Coalition, expressed his support for the appointment of Commissioner Designee Winkelman. He recounted positive experiences working with the commissioner designee, adding that he would like to continue that work. He opined that confirming her appointment would be doing communities, like Juneau, a favor. CHAIR SHAW closed public testimony. 3:51:49 PM CHAIR SHAW moved to advance the confirmation of Jennifer Winkelman, commissioner designee for the Department of Corrections, and Sara Possenti to the State Board of Parole, to the joint session of the House and Senate for consideration. He reminded members that signing the reports regarding appointment to boards and commissions in no way reflected individual members' approval or disapproval of the appointees, and that the nominations were merely forwarded to the full legislature for confirmation or rejection. There being no objection, the confirmation was advanced. 3:52:47 PM The committee took an at-ease from 3:52 p.m. to 3:59 p.m. HB 61-LIMITATIONS ON FIREARMS RESTRICTIONS  3:59:31 PM CHAIR SHAW announced that the next order of business would be HOUSE BILL NO. 61, "An Act relating to restrictions on firearms and other weapons." CHAIR SHAW stated that the committee would take up the consideration of amendments to HB 61. 4:00:38 PM The committee took a brief at-ease. 4:01:03 PM REPRESENTATIVE STORY moved to adopt Amendment 1 to HB 61, labeled 33-LS0333\A.4, Radford, 4/17/23, which read: Page 2, line 9, following "to": Insert "(1)" Page 2, line 12, following "law": Insert "; (2) an order, proclamation, regulation, ordinance, or policy (A) forbidding the possession of a firearm, a firearm accessory, ammunition, or other weapon for personal use at an emergency shelter; or (B) ordering the seizure or confiscation of a firearm, a firearm accessory, ammunition, or other weapon for personal use that a person possesses or attempts to possess at an emergency shelter" CHAIR SHAW objected for the purpose of discussion. 4:01:08 PM REPRESENTATIVE STORY explained that amendment 1 would allow authorities to restrict the possession of firearms in emergency shelters during a disaster declaration, thus providing authorities with the flexibility to assess situations and retain order and safety in communal living spaces. 4:02:49 PM REPRESENTATIVE CARPENTER objected to the motion to adopt Amendment 1. A roll call vote was taken. Representatives Armstrong and Story voted in favor of Amendment 1. Representatives Carpenter, C. Johnson, Allard, Wright, and Shaw voted against it. Therefore, Amendment 1 failed by a vote of 2-5. 4:03:45 PM The committee took a brief at-ease from. 4:04:25 PM REPRESENTATIVE STORY moved to adopt Amendment 2 to HB 61, labeled 33-LS0333\A.3, Radford, 4/17/23, which read: Page 2, lines 13 - 25: Delete all material. REPRESENTATIVE C. JOHNSON objected. REPRESENTATIVE ALLARD objected. 4:04:36 PM REPRESENTATIVE STORY explained that Amendment 2 would delete the language on page 2, lines 13-25, allowing people to bring civil action against a government agency or law enforcement. She opined that the language on page 2, lines 13-25, encouraged people to sue the state government without resulting in injunctive relief. 4:05:52 PM REPRESENTATIVE C. JOHNSON asked the bill sponsor to opine on Amendment 2. 4:05:58 PM REPRESENTATIVE CATHY TILTON, Alaska State Legislature, prime sponsor of HB 61, referenced a memo from Legislative Legal Services [included in the committee packet], which addressed the concern about injunctive relief versus treble damages. She deferred to her staff, Mr. St. Clair. 4:06:24 PM STEVE ST. CLAIR, Staff, Representative Cathy Tilton, Alaska State Legislature, on behalf of Representative Tilton, prime sponsor, stated that this was an existing practice in state and federal law. 4:06:57 PM REPRESENTATIVE STORY, referencing the legal memo, shared her understanding that treble damages were authorized in fourteen different statutes, whereas injunctive relief appeared in the Alaska Statutes 46 times. She requested a representative from Legislative Legal Services to answer the question of whether injunctive relief was more appropriate. CHAIR SHAW said no one from Legislative Legal Services was online. 4:07:31 PM REPRESENTATIVE C. JOHNSON maintained his objection to Amendment 2. 4:07:36 PM A roll call vote was taken. Representatives Armstrong and Story voted in favor of Amendment 2. Representatives Wright, Carpenter, C. Johnson, Allard, and Shaw voted against it. Therefore, Amendment 2 failed by a vote of 2-5. 4:08:06 PM REPRESENTATIVE WRIGHT moved to adopt Amendment 3 to HB 61, labeled 33-LS0333\A.1, Radford, 4/13/23, which read: Page 1, line 8, following "firearm,": Insert "a firearm part," Page 1, line 10, following "firearm,": Insert "a firearm part," Page 1, line 13, following "firearms,": Insert "firearm parts," Page 2, line 2, following "firearms,": Insert "firearm parts," Page 2, line 9, following "firearm,": Insert "a firearm part," Page 2, line 11, following "firearm,": Insert "a firearm part," Page 2, line 15, following "firearm,": Insert "a firearm part," Page 3, line 1, following "illumination": Insert "; (3) "firearm part" means a component of a firearm that is essential to the basic function of a firearm, including a component of an action or lock, the stock, and the barrel" REPRESENTATIVE CARPENTER objected. 4:08:12 PM REPRESENTATIVE WRIGHT explained that Amendment 3 would insert "firearm part" and the associated definition to HB 61. He explained that firearm parts were required for the proper function of a firearm. REPRESENTATIVE C. JOHNSON asked whether the bill sponsor was supportive of Amendment 3. REPRESENTATIVE TILTON answered yes, she was supportive of the proposed amendment, as firearm parts were necessary for subsistence hunting as a well as self-protection. REPRESENTATIVE C. JOHNSON removed his objection. There being no further objection, Amendment 3 was adopted. 4:09:53 PM REPRESENTATIVE WRIGHT moved to report HB 61, as amended, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE STORY objected. 4:10:20 PM The committee took a brief at-ease. 4:10:30 PM REPRESENTATIVE STORY spoke to her objection, opining that law enforcement needed to be able to restrict firearm possession in certain situations, such as emergency shelters. 4:11:01 PM The committee took a brief at-ease. 4:11:37 PM A roll call vote was taken. Representatives Wright, Carpenter, C. Johnson, Allard, and Shaw voted in favor of HB 61, as amended. Representatives Story and Armstrong voted against it. Therefore, CSHB 61(STA) was reported out of the House State Affairs Standing Committee by a vote of 5-2. 4:12:24 PM The committee took a brief at-ease. 4:12:47 PM CHAIR SHAW noted that Legislative Legal Services was authorized to make any necessary technical and conforming changes to CSHB 61(STA). 4:13:19 PM The committee took an at-ease from 4:13 p.m. to 4:18 p.m. HB 116-RESTORATIVE JUSTICE ACCT APPROPRIATIONS  4:18:21 PM CHAIR SHAW announced that the final order of business would be HOUSE BILL NO. 116, "An Act relating to appropriations from the restorative justice account." 4:18:51 PM REPRESENTATIVE JULIE COULOMBE, Alaska State Legislature, prime sponsor, introduced HB 116. She paraphrased the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: House Bill 116 reorganizes the percentages of the funds that pass through the Restorative Justice Account that fund nonprofit organizations through the Council on Domestic Violence and Sexual Assault (CDVSA) for services for victims and domestic violence and sexual assault programs. This legislation changes the share of the funds that are currently set out in AS 43.22.048(b), reversing the share for CDVSA and the Department of Corrections. In 1988, the Legislature passed a law making certain convicted criminals ineligible for a Permanent Fund Dividend. The intent was that those funds should be used for the primary purpose of helping restore victims of crime to a pre-offense condition. There is no better way to assist victims of domestic violence and sexual assault in getting their lives back together after this type of assault and victimization, than to put our state resources into caring for those victims, as well as into prevention and intervention programs to reduce the number of these crimes from occurring in the first place. Since the fund was established, it transitioned from mainly assisting crime victims to paying for inmate healthcare. More recently, it has been used by the Department to pay for institutions, which was not the intention of the fund. HB 116 will ensure that the intent is upheld, specifically for victims of domestic violence and sexual assault, one of the worst types of victimization possible. It will reverse the percentages allowed under current statute for CDVSA (from 1-3% to 79-88%) and for the Department of Corrections (from 79-88% to 1-3%), to reinforce Alaska's commitment to reducing our abysmal rate of these crimes through prevention and intervention programs, as well as stabilize the funding source for shelters throughout the state. I respectfully request the support of my colleagues on HB 116. 4:22:50 PM EDRA MORLEDGE, Staff, Representative Julie Coulombe, Alaska State Legislature, directed attention to a PowerPoint presentation on HB 116 [included in the committee packet], on behalf of Representative Coulombe, prime sponsor. She highlighted the legislative intent on slide 2, which was to increase prevention and intervention programs, and aid to victims of domestic violence and sexual assault through the Restorative Justice Account. She detailed the Restorative Justice Account on slide 3, which read as follows [original punctuation provided]: upsilon In 1988, the Legislature passed a law making certain convicted criminals ineligible for a Permanent Fund Dividend. The intent was that those funds should be used for the primary purpose of helping restore victims of crime to a pre-offense condition. upsilon Since the fund was established, it transitioned from mainly assisting crime victims to paying for inmate healthcare. More recently, it has been used by the Department to pay for institutions, which was not the intention of the fund. upsilon There is no better way to assist victims of domestic violence and sexual assault in getting their lives back together after this type of assault and victimization, than to put our state resources into caring for those victims, as well as into prevention and intervention programs to reduce the number of these crimes from occurring in the first place. 4:24:50 PM REPRESENTATIVE COULOMBE noted that [the Restorative Justice Account] was composed of Permanent Fund Dividends (PFDs) that were revoked from felons, which was why the fund fluctuated each year. MS. MORLEDGE expounded, pointing out that the fund's balance increased this year because [the 2022] dividend was large. She resumed the presentation on slide 4, reporting that 57.7 percent of adult women in Alaska have experienced domestic violence or sexual violence throughout their lifetime, per the Alaska Victimization Survey. 4:26:13 PM MS. MORLEDGE outlined the current Restorative Justice Account funding prioritization on slide 5, which read as follows [original punctuation provided]: The legislature may appropriate amounts from the account to the following recipients in the priority order and percentages listed: 10-13% to the crime victim compensation fund for payments to crime victims and for operating the Violent Crimes Compensation Board. 2-6% to the Office of Victims' Rights for payments to crime victims and for the operation of the OVR. 1-3% to nonprofit organizations to provide grants for services for victims of domestic violence and sexual assault. 1-3% to nonprofit organizations to provide grants for mental health and substance abuse treatment for offenders. 79-88% to the Department of Corrections for costs related to incarceration or probation. 4:27:33 PM MS. MORLEDGE proceeded to slide 6, which listed the allocation proposal under HB 116, as follows [original punctuation provided]: 10-13% to the crime victim compensation fund for payments to crime victims and for operating the Violent Crimes Compensation Board. 2-6% to the Office of Victims' Rights for payments to crime victims and for the operation of the OVR. 79-88% to nonprofit organizations to provide grants for services for victims of domestic violence and sexual assault. 1-3% to nonprofit organizations to provide grants for mental health and substance abuse treatment for offenders. 1-3% to the Department of Corrections for costs related to incarceration or probation. 4:27:55 PM MS. MORLEDGE advanced to slide 7, which provided a five-year look back of the Restorative Justice Account on slide 7. Slide 8 offered a fiscal lookback from FY 12 to FY 24. She recalled that House Bill 216, which passed during the [Thirtieth Alaska State Legislature], created the current prioritization and percentage levels. 4:29:12 PM MS. MORLEDGE concluded on slide 9, which read as follows [original punctuation provided]: HB 116 will ensure that the intent of the restorative justice account is upheld, specifically for victims of domestic violence and sexual assault, one of the worst types of victimization possible. It will reverse the percentages allowed under current statute for CDVSA (from 1-3% to 79-88%) and for the Department of Corrections (from 79-88% to 1-3%). This will reinforce Alaska's commitment to reducing our abysmal rate of these crimes through prevention and intervention programs, as well as stabilize the funding source for shelters throughout the state. CHAIR SHAW invited questions from members of the committee. 4:29:54 PM REPRESENTATIVE ARMSTRONG thanked Representative Coulombe for bringing forward such a creative and compassionate piece of legislation that would have an immediate impact on many lives. 4:30:10 PM REPRESENTATIVE STORY expressed her excitement about the bill. Nonetheless, she asked why mental health and substance abuse treatment for offenders was not prioritized in the bill. REPRESENTATIVE COULOMBE explained that she had considered moving percentages around, eventually deciding on "keeping it simple" by swapping only the percentages of fund allocation belonging to "DOC costs related to incarceration or probation" [at 79-88 percent currently] and "nonprofit organizations to provide grants for services for victims of domestic violence and sexual assault" [at 1-3 percent currently]. She said she wanted to keep the focus on victims, describing the fund as a victim's restoration fund. She noted that DOC offered a perpetrator rehabilitation service executed by the Council on Domestic Violence and Sexual Assault (CDVSA). 4:32:07 PM DIANE CASTO, Executive Director, Council on Domestic Violence and Sexual Assault (CDVSA), said she was available to answer any questions on the bill's impact and the [CDVSA's] current budget. 4:33:16 PM REPRESENTATIVE CARPENTER requested a high-level picture of how the money would be spent. MS. CASTO acknowledged that rates [of domestic violence] were not decreasing in Alaska. She opined that without a good distribution of money across a comprehensive approach to an issue, results would be less than optimal. She described the council's funding structure, which was a combination of state and federal funding with a small amount if inter-agency receipts from DOC for the perpetrator rehabilitation program. She stated that 90 percent of the council's budget went to victims' services, such as emergency shelter programs for individuals in immediate danger; 8 percent of funding went towards prevention programs; and 2 percent of funding went towards perpetrator rehabilitation. She suggested using the proposed funding to increase victims' service programs and expand programming to help victims and survivors move forward. Additionally, she suggested allocating "significant" money towards prevention and early intervention. She concluded by discussing her vision for an 18-month perpetrator rehabilitation work group. She opined that program funding and implementation needed a better balance, adding that the council was currently "treading water" due to existing appropriation structures. 4:38:18 PM REPRESENTATIVE CARPENTER shared his belief that the word "programming" was meaningless without results. He asked to continue this conversation one year from now with results-driven data. 4:39:06 PM REPRESENTATIVE C. JOHNSON shared his understanding that [domestic violence] was a generational problem. He asked whether there was anything in the system to address or break the cycle of generational trauma. MS. CASTO agreed, highlighting the typically high Adverse Childhood Experiences (ACEs) score among perpetrators. She emphasized the importance of providing services to children who had witnessed abuse. REPRESENTATIVE C. JOHNSON said, from Ms. Casto's answer, he had discerned that there was no program in place to address generational trauma in children. MS. CASTO clarified that such programs were available, such as mental health services to treat and counsel children and youth who had experienced violence. She explained that the council partnered with the Alaska Network on Domestic Violence and Sexual Assault (ANDVSA), the Department of Health (DOH), and other agencies to develop and create programming for young people. Nonetheless, she highlighted the "tracking" of young people as a difficulty. 4:46:05 PM REPRESENTATIVE STORY reflected on existing family support programs, such as teaching the cycle of violence in parenting groups. She asked Ms. Casto to list the programs that were currently available. MS. CASTO clarified the services were offered by community-based agencies, which in turn, were funded by the CDVSA. She added that many of the family-focused programs were offered by the Office of Children's Services (OCS), [Department of Family and Community Services (DFCS)]. She opined that more support was needed to change the behaviors of families struggling with violence. 4:49:37 PM BRENDA STANFILL, Executive Director, ANDVSA, explained that the ANDVSA represented the 24 member programs funded by the CDVSA. She noted that without the one-time incremental federal COVID-19 dollars and the appropriation from U.S. Senator Murkowski's office, the ANDVSA could be looking at a shortfall of $7.5 million next year. She emphasized the importance of shelters and rape crisis centers for emergency services. She reported that a lack of capacity within these programs was creating limitations in terms of access to services. The most requested service, she said, according to the CDVSA, was emergency shelter and individual advocacy. Further, Child Advocacy Centers (CACs) provided 472 child victims of sexual or physical abuse under the age of 18 a safe place to undergo the interview process. She concluded by highlighting the critical nature of the services funded by the council. She requested the ability to serve victims on the same level as the rest of the criminal justice system. 4:53:39 PM CHAIR SHAW opened public testimony on HB 116. 4:54:06 PM ERICK CORDERO recalled that the original intent of the [Restorative Justice Account] was to restore crime victims to a pre-offense status. He noted that Alaska continued to be the state with the highest number of domestic violence and sexual assault cases in addition to child abuse and neglect. He reported that at its height, 98 percent of the fund was going towards inmate healthcare instead of fulfilling the original intent by helping victims. He stated his support for the bill, emphasizing the importance of the CDVSA and the ANDVSA. 4:56:31 PM CHAIR SHAW closed public testimony on HB 116. He invited additional comments from the bill sponsor. 4:56:50 PM REPRESENTATIVE COULOMBE reported that Commissioner Winkelman, DOC, was aware and supportive of the proposed legislation. Additionally, she conveyed her intent to implement performance goals and metrics to ensure that the money was going towards things that "were moving the needle." She said she would be following up with Commissioner Cockrell, DPS, to make sure that the fund was making a difference. 4:59:12 PM REPRESENTATIVE STORY pointed out [April] was National Child Abuse Prevention Month. She expressed her appreciation for the bill. CHAIR SHAW announced that HB 116 was held over. 4:59:51 PM ADJOURNMENT  There being no further business before the committee, the House State Affairs Standing Committee meeting was adjourned at [4:59] p.m.