2020-01-27                     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