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.