Legislature(2019 - 2020)
2020-01-27 Senate Journal
Full Journal pdf2020-01-27 Senate Journal Page 1583 SB 167 SENATE BILL NO. 167 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act providing for an aggravating factor at sentencing for contractors, volunteers, and employees of the Department of Corrections; and providing for an effective date." was read the first time and referred to the State Affairs Committee. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Public Safety Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Corrections Governor's transmittal letter dated January 24: 2020-01-27 Senate Journal Page 1584 Dear President Giessel: Under the authority of Article III, Section 18, of the Alaska Constitution, I am transmitting a bill establishing an aggravator at sentencing for defendants who are contractors, volunteers, or employees of the Department of Corrections and bring contraband into a prison facility during the course of their employment. Contractors, volunteers, and employees of the Department of Corrections are able to obtain security clearances, which assist them in the performance of their duties. These clearances require a certain level of trust. When a contractor, volunteer, or employee of the department violates that trust by using their clearance to bring contraband into our prisons an enhanced penalty should apply. The bill will establish an aggravator at sentencing which the court may apply when a defendant is convicted of promoting contraband and the offense occurred in the course of the person's contractual, volunteer, or employment duties. The aggravator, if proven, would allow the court to sentence the person above the presumptive sentencing range for promoting contraband, up to the maximum term. Contraband in our prisons seriously undermines the safety and security of correctional facilities. Those who are held in a position of trust know the rules and should be held to a higher standard. I urge your prompt and favorable action on this measure. Sincerely, /s/ Mike Dunleavy Governor