Legislature(2005 - 2006)
2005-01-21 Senate JournalFull Journal pdf
2005-01-21 Senate Journal Page 0102 SB 56 The Judiciary Committee considered SENATE BILL NO. 56 "An Act relating to criminal law and procedure, criminal sentences, and probation and parole; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 56(JUD) and further recommends the adoption of the following Judiciary Committee Letter of Intent. Letter of Intent It is the intent of the legislature in passing this bill to preserve the basic structure of Alaska's presumptive sentencing system, which is designed to avoid disparate sentences. With this bill the legislature sets out a sentencing framework, subject to judicial adjustment for 2005-01-21 Senate Journal Page 0103 statutory aggravating or mitigating factors that are determined in a manner that is constitutional under the decision of the U.S. Supreme Court in Blakely v. Washington. The single, definite presumptive terms set out in current law can unduly constrain the sentencing process, particularly under the mandates of Blakely v. Washington. Although the presumptive terms are being replaced by presumptive ranges, it is not the intent of this bill in doing so to bring about an overall increase in the amount of active imprisonment for felony sentences. Rather, the bill is intended to give judges the authority to impose an appropriate sentence, with an appropriate amount of probation supervision, by taking into account the considerations set out in AS 12.55.005 and 12.55.015. Signing do pass: Senator Seekins, Chair; Senators Huggins, Therriault. Signing no recommendation: Senator French. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Law Fiscal Note No. 2, zero, Department of Corrections Fiscal Note No. 3, zero, Department of Corrections Fiscal Note No. 4, zero, Department of Public Safety Fiscal Note No. 5, zero, Senate Judiciary Committee President Stevens removed the Finance Committee referral. The bill was referred to the Rules Committee. The bill is on today's calendar.