Legislature(2019 - 2020)

2019-05-13 Senate Journal

Full Journal pdf

2019-05-13                     Senate Journal                      Page 1133
HB 49                                                                                                                         
Senator von Imhof, Cochair, moved and asked unanimous consent for                                                               
the adoption of the Finance Senate Committee Substitute offered                                                                 
today. Senator Begich objected, then withdrew his objection. There                                                              
being no further objection, SENATE CS FOR CS FOR HOUSE BILL                                                                     
NO. 49(FIN) "An Act relating to criminal law and procedure; relating                                                            
to marriage as a defense to certain crimes of sexual assault;                                                                   
establishing the crime of possession of motor vehicle theft tools;                                                              
relating to controlled substances; relating to electronic monitoring;                                                           
relating to probation and parole; relating to sentencing; amending the                                                          
definitions of 'most serious felony,' 'sex offense,' and 'sex offender';                                                        
relating to registration of sex offenders; relating to the automated                                                            
victim notification system; relating to reporting child abuse or neglect;                                                       
relating to Alaska Native organizations; relating to the village public                                                         
safety officer program; relating to cancellation of a driver's license;                                                         
relating to driving while license canceled; relating to operating under                                                         
the influence; relating to restoration of a driver's license; relating to                                                       
refusal to submit to a chemical test; relating to the use of headlights;                                                        
relating to the powers and duties of the commissioner of corrections;                                                           
relating to pretrial services; relating to the duties of a prosecuting                                                          
attorney; relating to testing of sexual assault examination kits; relating                                                      
to reports of involuntary commitment; amending Rules 6(r)(6), 38.2,                                                             
and 45(d), Alaska Rules of Criminal Procedure; and providing for an                                                             
effective date" was adopted.                                                                                                    
                                                                                                                                
Senator Hughes offered Amendment No. 1:                                                                                         
                                                                                                                                
Page 67, line 5, following "vehicle":                                                                                           
     Insert "on a road that is not a designated traffic safety corridor                                                         
under AS 19.10.075"                                                                                                             
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 1. Senator                                                               
Costello objected, then withdrew her objection. There being no further                                                          
objection, Amendment No. 1 was adopted.                                                                                         
                                                                                                                                
Senator Kiehl offered Amendment No. 2:                                                                                          
                                                                                                                                
Page 79, following line 19:                                                                                                     
     Insert a new bill section to read:                                                                                         

2019-05-13                     Senate Journal                      Page 1134
"* Sec. 127. AS 33.30.011(a) is amended to read:                                                                              
          (a)  The commissioner shall                                                                                           
              (1)  establish, maintain, operate, and control correctional                                                       
     facilities suitable for the custody, care, and discipline of persons                                                       
     charged or convicted of offenses against the state or held under                                                           
     authority of state law; each correctional facility operated by the                                                         
     state shall be established, maintained, operated, and controlled in a                                                      
     manner that is consistent with AS 33.30.015;                                                                               
              (2)  classify prisoners;                                                                                          
              (3)  for persons committed to the custody of the                                                                  
     commissioner, establish programs, including furlough programs                                                              
     that are reasonably calculated to                                                                                          
                   (A)  protect the public and the victims of crimes                                                            
          committed by prisoners;                                                                                               
                   (B)  maintain health;                                                                                        
                   (C)  create or improve occupational skills;                                                                  
                   (D)  enhance educational qualifications;                                                                     
                   (E)  support court-ordered restitution; and                                                                  
                   (F)  otherwise provide for the rehabilitation and                                                            
          reformation of prisoners, facilitating their reintegration into                                                       
          society;                                                                                                              
              (4)  provide necessary                                                                                            
                   (A)  medical services for prisoners in correctional                                                          
          facilities or who are committed by a court to the custody of                                                          
          the commissioner, including examinations for communicable                                                             
          and infectious diseases;                                                                                              
                   (B)  psychological or psychiatric treatment if a                                                             
          physician or other health care provider, exercising ordinary                                                          
          skill and care at the time of observation, concludes that                                                            
                        (i)  a prisoner exhibits symptoms of a serious                                                          
              disease or injury that is curable or may be substantially                                                         
              alleviated; and                                                                                                   
                        (ii)  the potential for harm to the prisoner by                                                         
              reason of delay or denial of care is substantial; and                                                             
                   (C)  assessment or screening of the risks and needs of                                                       
          offenders who may be vulnerable to harm, exploitation, or                                                             
          recidivism as a result of fetal alcohol syndrome, fetal alcohol                                                       
          spectrum disorder, or another brain-based disorder;                                                                   
              (5)  establish minimum standards for sex offender                                                                 
     treatment programs offered to persons who are committed to the                                                             

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     custody of the commissioner;                                                                                               
              (6)  provide for fingerprinting in correctional facilities in                                                     
     accordance with AS 12.80.060;                                                                                              
              (7)  establish a program to conduct assessments of the                                                            
     risks and needs of offenders sentenced to serve a term of                                                                  
     incarceration of 90 [30] days or more [AND PROVIDE TO THE                                                              
     LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY                                                                               
     15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING                                                                          
     THE FIRST REGULAR SESSION OF EACH LEGISLATURE,                                                                             
     A REPORT SUMMARIZING THE FINDINGS AND RESULTS                                                                              
     OF THE PROGRAM]; the program must include a requirement                                                                    
     for an assessment before a prisoner's release on parole, furlough,                                                         
     or electronic monitoring from a correctional facility;                                                                     
              (8)  establish a procedure that provides for each prisoner                                                        
     required to serve an active term of imprisonment of 90 [30] days                                                       
     or more a written case plan that                                                                                           
                   (A)  takes effect and is provided to the prisoner                                                        
          within 90 days after sentencing;                                                                                      
                   (B)  is based on the results of the assessment of the                                                        
           prisoner's risks and needs under (7) of this subsection;                                                            
                   (C)  includes a requirement to follow the rules of the                                                       
          institution;                                                                                                          
                   (D)  is modified when necessary for changes in                                                               
          classification, housing status, medical or mental health, and                                                         
          resource availability;                                                                                                
                   (E)  includes participation in programming that                                                              
          addresses the needs identified in the assessment;                                                                     
              (9)  establish a program to begin reentry planning with                                                           
     each prisoner serving an active term of imprisonment of 90 days                                                            
     or more; reentry planning must begin at least 90 days before                                                               
     release on furlough or probation or parole; the reentry program                                                            
     must include                                                                                                               
                   (A)  a written reentry plan for each prisoner                                                                
          completed upon release on furlough or probation or parole                                                             
          that includes information on the prisoner's proposed                                                                  
                        (i)  residence;                                                                                         
                        (ii)  employment or alternative means of support;                                                       
                        (iii)  treatment options;                                                                               
                        (iv)  counseling services;                                                                              
                        (v)  education or job training services;                                                                

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                   (B)  any other requirements for successful transition                                                        
          back to the community, including electronic monitoring or                                                             
          furlough for the period between a scheduled parole hearing                                                            
          and parole eligibility;                                                                                               
                   (C)  coordination with the Department of Labor and                                                           
          Workforce Development to provide access, after release, to                                                            
          job training and employment assistance; and                                                                       
                   (D)  coordination with community reentry                                                                 
          coalitions or other providers of reentry services if                                                              
          available;                                                                                                        
              (10)  for offenders under electronic monitoring, establish                                                        
                   (A)  minimum standards for electronic monitoring,                                                            
          which may include the requirement of active, real-time                                                                
          monitoring using global positioning systems; and                                                                      
                   (B)  procedures for oversight and approving                                                                  
          electronic monitoring programs and systems provided by                                                                
          private contractors; [AND]                                                                                            
              (11)  assist a prisoner in obtaining a valid state                                                                
     identification card if the prisoner does not have a valid state                                                            
     identification card before the prisoner's release; the department                                                          
     shall pay the application fee for the identification card; and                                                         
              (12)  provide to the legislature, by electronic means, by                                                     
     January 10 preceding the first regular session of each                                                                 
     legislature, a report summarizing the findings and results of                                                          
     the program established under (7) of this subsection; the                                                              
     report must include                                                                                                    
                   (A)  the number of prisoners who were provided                                                           
            with written case plans under (8) of this subsection;                                                          
                   (B)  the number of written case plans under (8) of                                                       
          this subsection initiated within the preceding year; and                                                          
                   (C)  the number of written case plans under (8) of                                                       
          this subsection that were updated in the preceding year."                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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"* Sec. 148. The uncodified law of the State of Alaska is amended                                                             
by adding a new section to read:                                                                                                
     REPORT TO LEGISLATURE; COMMISSIONER OF                                                                                     

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CORRECTIONS. On or before January 10, 2020, the commissioner of                                                                 
corrections shall provide a report to the legislature as described under                                                        
AS 33.30.011(a)(12), enacted by sec. 127 of this Act. The                                                                       
commissioner shall submit the report to the senate secretary and chief                                                          
clerk of the house of representatives and notify the legislature that the                                                       
report is available."                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
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          "(21)  AS 33.30.011(a), as amended by sec. 127 of this Act."                                                          
                                                                                                                                
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2019-05-13                     Senate Journal                      Page 1138
Page 95, line 29:                                                                                                               
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Senator Kiehl moved for the adoption of Amendment No. 2. Senator                                                                
Micciche objected, then withdrew his objection. There being no                                                                  
further objection, Amendment No. 2 was adopted.                                                                                 
                                                                                                                                
Senator von Imhof offered Amendment No. 3:                                                                                      
                                                                                                                                
Page 41, lines 18 - 31:                                                                                                         
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Page 42, lines 1 - 11:                                                                                                          
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Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator von Imhof moved for the adoption of Amendment No. 3.                                                                    
Senator Begich objected, then withdrew his objection.                                                                           
                                                                                                                                
Senator Hughes objected.                                                                                                        
                                                                                                                                
The question being: "Shall Amendment No. 3 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
SCS CSHB 49(FIN) am S                                                                                                           
Second Reading                                                                                                                  
Amendment No. 3?                                                                                                                
                                                                                                                                
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                                               
                                                                                                                                
Yeas:  Begich, Birch, Bishop, Coghill, Giessel, Gray-Jackson,                                                                   
Kawasaki, Kiehl, Micciche, Olson, Stedman, Stevens, von Imhof,                                                                  
Wielechowski                                                                                                                    
                                                                                                                                
Nays:  Costello, Hughes, Reinbold, Shower, Wilson                                                                               
                                                                                                                                
Absent:  Hoffman                                                                                                                
                                                                                                                                
and so, Amendment No. 3 was adopted.                                                                                            
                                                                                                                                

2019-05-13                     Senate Journal                      Page 1139
Senator Begich offered Amendment No. 4:                                                                                         
                                                                                                                                
Page 1, line 1, following "procedure":                                                                                        
     Insert "relating to sexual assault by a peace officer against a                                                          
person who is a perpetrator of a crime;"                                                                                      
                                                                                                                                
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          "(4)  while employed in the state by a law enforcement                                                                
     agency as a peace officer, or while acting as a peace officer in the                                                       
     state, engages in sexual penetration with a person with reckless                                                           
     disregard that the person is in the custody or the apparent custody                                                        

2019-05-13                     Senate Journal                      Page 1140
     of the offender, [OR] is committed to the custody of a law                                                                 
     enforcement agency, or is the perpetrator of a crime under                                                             
     investigation by the offender;"                                                                                        
                                                                                                                                
Page 7, following line 6:                                                                                                       
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"* Sec. 6. AS 11.41.427(a) is amended to read:                                                                                
          (a)  An offender commits the crime of sexual assault in the                                                           
     fourth degree if                                                                                                           
              (1)  while employed in a state correctional facility or                                                           
     other placement designated by the commissioner of corrections for                                                          
     the custody and care of prisoners, the offender engages in sexual                                                          
     contact with a person who the offender knows is committed to the                                                           
     custody of the Department of Corrections to serve a term of                                                                
     imprisonment or period of temporary commitment;                                                                            
              (2)  the offender engages in sexual contact with a person                                                         
     18 or 19 years of age who the offender knows is committed to the                                                           
     custody of the Department of Health and Social Services under                                                              
     AS 47.10 or AS 47.12 and the offender is the legal guardian of the                                                         
     person;                                                                                                                    
              (3)  while employed in the state by a law enforcement                                                             
     agency as a peace officer, or while acting as a peace officer in the                                                       
     state, the offender engages in sexual contact with a person with                                                           
     reckless disregard that the person is in the custody or the apparent                                                       
     custody of the offender, [OR] is committed to the custody of a law                                                         
     enforcement agency, or is the perpetrator of a crime under                                                             
     investigation by the offender;                                                                                         
              (4)  while employed by the state or a municipality of the                                                         
     state as a probation officer or parole officer, or while acting as a                                                       
     probation officer or parole officer in the state, the offender                                                             
     engages in sexual contact with a person with reckless disregard                                                            
     that the person is on probation or parole; or                                                                              
              (5)  while employed as a juvenile probation officer or as a                                                       
     juvenile facility staff, the offender engages in sexual contact with                                                       
     a person 18 or 19 years of age with reckless disregard that the                                                            
     person is committed to the custody or probationary supervision of                                                          
     the Department of Health and Social Services."                                                                             
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2019-05-13                     Senate Journal                      Page 1141
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              (3)  AS 11.41.425(a)(4) or 11.41.427(a)(3) that the                                                           
     offender and the person who is a perpetrator of a crime under                                                          
     investigation by the offender had, before the person was a                                                             
     perpetrator of a crime under investigation by the offender, a                                                          
     dating or sexual relationship, and the relationship continued                                                          
     until the date the person became the perpetrator of a crime                                                            
     under investigation by the offender"                                                                                   
                                                                                                                                
Page 90, following line 14:                                                                                                     
     Insert a new paragraph to read:                                                                                            
          "(5)  AS 11.41.427(a), as amended by sec. 6 of this Act;"                                                             
                                                                                                                                
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Senator Begich moved for the adoption of Amendment No. 4.                                                                       
Objections were heard. Senator Begich moved and asked unanimous                                                                 
consent to withdraw Amendment No. 4. Without objection,                                                                         
Amendment No. 4 was withdrawn.                                                                                                  
                                                                                                                                

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Senator von Imhof offered Amendment No. 5:                                                                                      
                                                                                                                                
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Senator von Imhof moved for the adoption of Amendment No. 5.                                                                    
Senator Costello objected, then withdrew her objection. There being                                                             
no further objection, Amendment No. 5 was adopted.                                                                              
HB 49                                                                                                                         
Senator Hughes offered Amendment No. 6:                                                                                         
                                                                                                                                
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Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Senator Hughes moved for the adoption of Amendment No. 6. Senator                                                               
Micciche objected, then withdrew his objection. There being no                                                                  
further objection, Amendment No. 6 was adopted.                                                                                 
                                                                                                                                
Senator Costello moved and asked unanimous consent SENATE CS                                                                    
FOR CS FOR HOUSE BILL NO. 49(FIN) am S "An Act relating to                                                                      
criminal law and procedure; relating to marriage as a defense to                                                                
certain crimes of sexual assault; establishing the crime of possession                                                          
of motor vehicle theft tools; relating to controlled substances; relating                                                       
to electronic monitoring; relating to probation and parole; relating to                                                         
sentencing; amending the definitions of 'most serious felony,' 'sex                                                             
offense,' and 'sex offender'; relating to registration of sex offenders;                                                        
relating to the automated victim notification system; relating to                                                               
reporting child abuse or neglect; relating to Alaska Native                                                                     
organizations; relating to the village public safety officer program;                                                           
relating to cancellation of a driver's license; relating to driving while                                                       
license canceled; relating to operating under the influence; relating to                                                        
restoration of a driver's license; relating to refusal to submit to a                                                           
chemical test; relating to the use of headlights; relating to the powers                                                        
and duties of the commissioner of corrections; relating to pretrial                                                             
services; relating to the duties of a prosecuting attorney; relating to                                                         

2019-05-13                     Senate Journal                      Page 1156
testing of sexual assault examination kits; relating to reports of                                                              
involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d),                                                                
Alaska Rules of Criminal Procedure; and providing for an effective                                                              
date" be held in second reading to the May 14 calendar. Without                                                                 
objection, it was so ordered.