Legislature(2013 - 2014)HOUSE FINANCE 519
04/10/2014 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB121 | |
| SB56 | |
| HB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| + | SB 64 | TELECONFERENCED | |
| + | SB 173 | TELECONFERENCED | |
| + | HB 160 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 121 | ||
CS FOR SENATE BILL NO. 56(JUD)
"An Act relating to certain crimes involving
controlled substances; and providing for an effective
date."
8:59:38 AM
SENATOR FRED DYSON, Sponsor, discussed the legislation
noting that the bill was driven by two or three factors. He
pointed out to the committee that the majority of the
state's drug laws were put into place in 1982 and were
seldom revised. He reported that, in much of the nation,
states were now reevaluating classification and sentencing
criteria due to incarceration costs. He furthered that
Alaska had one of the highest incarceration rates in the
United States. He opined that if the state continued on its
current trend additional facilities would be needed within
four to five years even though the state recently spent
$250 million on a new prison. He also pointed out that
prisoner reentry remained a challenge. He hoped the
legislation would help to remove some of the obstacles
inmates face upon release. He explained that certain
opportunities were not available to anyone with a felony
conviction. He cited that approximately 1,500 jobs and
benefits were not accessible to felons. He detailed that
Alaska's drug treatment programs were quite effective in
the state's system. He mentioned that he took a very high
view of the law and that legislators created statute law
through being elected by the people. He wanted the laws to
state his values and that they be proportional. He
reemphasized that drug laws needed revamping. He deferred
to Chuck Kopp to review a slide presentation with the
committee.
9:02:30 AM
CHUCK KOPP, STAFF, SENATOR DYSON, discussed the PowerPoint
Presentation "SB 56 - Reclassifying Small Quantity Drug
Possession" (copy on file). He began with slide 2 through
slide 5: "A Balance of Justice and Proportionality in the
Law," which provided a list of 12 examples of class "C"
felonies to be used for a comparison basis.
· Misc. Involving Controlled Substance 4th Degree (MICS
4) AS 11.71.040(a)(3)(a) C Felony
A person possesses any amount of a schedule IA or IIA
drug.
o Example: Possession of one grain of a pain killer
like hydrocodone without a prescription. The law
currently has no dosage matrix to discriminate
between trafficking, peddling, and simple
possession. It is no defense that the amount of drug
was not a useable quantity, only that the substance
be positively identified in a narcotics test.
· Assault 3rd Degree - AS 11.41.220(a)(1)(a) C Felony
A person causes fear of imminent serious physical
injury by means of a dangerous instrument.
o Example: A person points a firearm at the head of
another person and threatens to kill them.
· Stalking 1st Degree AS 11.41.260 C Felony
o Example: A person engages in a "course of conduct"
with a victim (i.e. following them, entering their
property, contacting by phone, delivering items to
victim) and places victim in fear of death or
physical injury and the person possesses a deadly
weapon.
· Sexual Assault 3rd Degree AS 11.41.425(a)(1)(2) C
Felony
o Example: A person engages in sexual contact with a
person who he knows is mentally incapable,
incapacitated or otherwise unaware and unable to
consent to the sex act. Or, a prison guard engaging
in sexual penetration with a prisoner.
· Indecent Exposure 1st Degree AS 11.41.458(a) C Felony
o Example: A person knowingly exposes his genitals to
a child while masturbating.
· Vehicle Theft 1st Degree AS 11.46.360 C Felony
o Example: A person, having no right to do so, steals
a car, truck, motorcycle, motorhome, airplane, or
boat of another person. Or, a person steals a police
car.
· Endangering the Welfare of a Vulnerable Adult 1st
Degree AS 11.51.200 C Felony
o Example: A person fails, without lawful excuse, to
provide support for a vulnerable adult and the
vulnerable adult is in the person's care by
authority of law and the vulnerable adult suffers
serious physical injury.
· Promoting Contraband 1st Degree AS 11.56.375(a) C
Felony
o A person illegally brings a firearm or drugs into a
prison.
· Possession of Child Pornography AS 11.61.127 C Felony
o A person knowingly possesses child pornography.
· Unlawful Furnishing of Explosives AS 11.61.250(a) C
Felony
o A person gives explosives to another knowing that
the person intends to use them to commit a crime.
· Sex Trafficking 3rd Degree AS 11.66.130(a) C Felony
o A person, with intent to promote prostitution,
manages, supervises, controls or owns a place of
prostitution.
· Cruelty to Animals AS 11.61.140(a) C Felony
o A person intentionally inflicts severe physical pain
or prolonged suffering on an animal. Or, a person
knowingly kills an animal with intent to intimidate
or threaten another person.
Mr. Kopp reported that the felonies listed were
proportionally treated in Alaska's law. The purpose in
providing the information was to discuss whether or not the
state properly equated the offenses or if it over
criminalized simple possession. He informed the committee
that SB 56 reclassified small quantity possession for first
time offenders to a class A misdemeanor.
He turned to slide 6: "Class A Misdemeanor Offense":
Class A Misdemeanor Offense Penalty - Up to 1 year in
prison, $10,000 fine - A serious charge and penalty
· Assault in the Fourth Degree AS 11.41.230
o A person "recklessly causes physical injury to
another person" or "with criminal negligence...
causes physical injury to another person by means of
a dangerous instrument." This can include domestic
violence, as defined in AS 18.66.990.
· Driving Under the Influence (DUI/DWI) AS 28.35.030
o A first and second Driving Under the Influence (DUI)
charge
· Resisting or Interfering with Arrest AS 11.56.700(a)
o A person knowing a peace officer is making an
arrest, and with intent to prevent the arrest,
resists the arrest of himself or interferes with the
arrest of another by force.
· Official Misconduct AS 11.56.850(a)
o A public servant knowingly, and with intent to
obtain a benefit or to injure or deprive another of
a benefit, performs an unauthorized exercise of his
official function; or refrains from performing a
duty of his office.
9:07:05 AM
Mr. Kopp continued to slide 7: "SB 56 - Distinguishing
between traffickers, peddlers, and addicts":
· SB 56 creates an "Escalating Punishment" system,
similar to the State's approach to DUI's, Theft,
Criminally Negligent Burning and Assault. Key
features:
o Reclassification of small quantity possession to a
Class A misdemeanor
o "3-strikes" Rule. Gives person a chance for
meaningful reform, if they screw up twice, and fail
to participate in their own rehabilitation, the next
offense results in a felony charge.
o Strict quantity limits; over the limit = implied
distribution = felony.
o No restrictions placed on law enforcement or
prosecutors to pursue drug manufacturers and
dealers, regardless of quantity (i.e., evidence of
manufacturing or selling drugs = felony).
· This should lead to reductions in:
o Prison incarceration costs
o Legal and adjudication costs
o Low-risk offenders being placed on felony probation
o Re-entry barriers for simple possession offenders
getting out of prison
o Reduction in indirect costs, such as public
assistance for med., housing & food
· Significant cost savings while maintaining public
safety.
Mr. Kopp stated that SB 56 introduced a new dosage matrix
into the law to help the state differentiate between
traffickers, peddlers, and addicts or people simply caught
for possession. He acknowledged that not all people caught
for possession were addicts. He informed the committee that
the drug data showed that only a third of the people caught
for first-time possession were actually addicts. He
remarked that strict quantity limits, the third item listed
under escalating punishment on the slide, were modeled
after Wyoming's law.
9:09:16 AM
Mr. Kopp advanced to slide 8: "Alaska's Prison Population
Growth." He stated that the red line signified the increase
in the number of beds with the addition of Alaska's Goose
Creek Correctional Center. The blue line indicated the
projection of the growing prisoner population. He
specifically directed the committee's attention to where
the two lines crossed - when the state would be at capacity
again. He anticipated that it would cost the state another
$250 million or more for an additional prison.
Mr. Kopp referred to slide 9: "Drivers of Alaska's Prison
Population Growth":
1. Increased admission for Felony Theft in the Second
Degree-theft of property valued over $500-and
increased sentence lengths associated with these
offenses.
2. A 63% rise in prison admission for drug offenders,
particularly felony offenders convicted of
possession offenses. >>Addressed by SB 56
3. Increase in Petitions to Revoke Probation (PTRP's)
and probation violations. >>Connected to number of
offenders on felony probation; greatly impacted by
SB 56.
•Source: DOC Memo, Factors Driving Alaska's Prison
Population Growth, at 1 (August 24, 2012).
9:10:19 AM
Mr. Kopp discussed slide 10: "Alaska Court Cases File with
MICS4 Charge." He elaborated that the slide showed the
number of misconduct cases involving controlled substance
fourth degree charges. In 2008 there were over 600 charges
filed and in 2013 about 1,100 were recorded. He emphasized
that the number of charges almost doubled in the time
period. Not all of the charges were possession offenses,
but one-third to one-half were misconduct involving a
controlled substance fourth-degree involving several
subsets of charges.
Mr. Kopp turned to slide 11: "Collateral Consequences from
Small-Quantity Drug Possession Felonies":
· "Our legal system has created barriers to work,
education, business opportunities, volunteerism, and
housing - the very things that are necessary to
prevent recidivism."- Senator John Coghill
· Alaska ranks number one in the nation for state-
created legislative and regulatory barriers to
successful reentry for individuals with a criminal
record, according to the national Legal Action Center
(LAC). -Deborah Periman, Alaska Justice Forum 30 (3-
4), UAA Justice Center
· Offenders who complete their sentences seldom, if
ever, stop paying for their crimes
· Barriers to reentry into society after prison effect 1
of 31 Alaskans.
o Medicare/Medicaid facilities - federal law
o Anchorage School District - district policy
o North Slope - Private HR decision
· Difficulty to find housing
· Restrictions on ability to adopt, or receive placement
of foster children
· Inability to qualify for public assistance benefits on
release from prison
· Ineligible to become a Village Public Safety Officer
· SB 56 allows Alaskans to avoid many of these
consequences, if they are not repeat offenders.
Mr. Kopp mentioned an amendment that went before the House
Judiciary Committee in which someone was referred to
treatment if they were charged as a first-time offender.
The treatment amendment was in Section 3 of SB 56 where
they were required to satisfy the screening, evaluation,
referral, and program requirements of a drug abuse
evaluation program.
9:12:38 AM
Mr. Kopp moved on to slide 12: "Reduced Legal and
Adjudication Costs." He indicated the slide showed the
reduced legal and adjudication costs between felony and
misdemeanor cases in district and superior courts. It also
showed the mean and median number of days to disposition
for a felon and misdemeanant. The court system stated in
its fiscal note that the new system would save the state
money but noted a zero fiscal note and remarked on the
difficulty in quantifying a specific amount of savings. He
went on to explain that superior court judges cost more,
empaneling grand juries was costly, witness testimony was
costly, and that a person tried with a felony was afforded
a higher level of legal counsel.
9:13:32 AM
Mr. Kopp discussed slides 13 and 14: "SB 56 - "A Fiscally
Conservative Policy":
· Legislative Research Service identified approximately
$14M in annual cost savings, the majority of which
came from DOC
· Office of Public Advocacy Fiscal Note - There will
likely be a decrease for OPA in the cost of providing
contract attorney defense services. Estimate
$250,000.00 savings in FY 2013. Savings of $1,100/case
@ 255 cases. Indeterminate note.
· Public Defender Agency Fiscal Note - Will reduce the
cost of processing individual cases…will reduce the
overall cost growth rate of the Agency's budget. Zero
fiscal note.
· Dept. of Corrections Fiscal Note - In 2012, there were
427 MICS 4 convictions which carried an average length
of stay of 188.1 days…the department could see a
potential reduction in man days of 54,186.3 days.
Indeterminate fiscal note. If only half these
convictions were impacted by this bill, it would save
over $4M each year.
· Department of Law Fiscal Note - The fiscal note is
indeterminate. Generally, reducing an offense from a
felony to a misdemeanor creates a savings in the
criminal justice system.
· DPS, Alaska State Troopers Fiscal Note - Passage of
this bill would not change the investigative process
regarding these offenses and will have no fiscal
impact on the Division of Alaska State Troopers…a zero
fiscal note is being submitted.
· DPS, Laboratory Services Fiscal Note - A zero fiscal
note.
9:14:57 AM
Mr. Kopp highlighted slide 15: "Public Safety Impacts":
· 13 States have reclassified some Schedule I and IIA
drugs from felony to misdemeanor possession based on a
dosage matrix include Wyoming, Wisconsin, Iowa,
Kentucky, Tennessee, Mississippi, South Carolina, West
Virginia, Pennsylvania, Deleware, Vermont,
Massachusetts and Maine.
· Alaska's adult incarceration rate is 537 per 100,000 -
BJS Prisoners in 2012 Report
· Average adult incarceration rate of these 13 states is
490 per 100,000.
· Five (5) of these states have a higher adult
incarceration rate per 100,000 (665 avg) - Delaware,
Kentucky, Mississippi, South Carolina & Tennessee.
· Eight (8) states have a lower adult incarceration rate
per 100,000 (381 avg) - Iowa, Maine, Massachusetts,
Pennsylvania, Vermont, West Virginia, Wisconsin, and
Wyoming.
Mr. Kopp cited that there were 10 states that reclassified
possession of small quantities of heroin, methamphetamines,
and cocaine to a misdemeanor charge for a first-time
offender. Three states reclassified cocaine possession
including Maine, Mississippi, and Wisconsin. Mississippi
was prosecutorial discretion only whether a person was
charged with a felon or a misdemeanor. Mississippi was an
outlier because its incarceration rate was so high that it
pulled up the average. It had the second highest
incarceration rate in the nation coming in at just under 1
thousand per 100 thousand.
9:16:43 AM
Mr. Kopp continued to slide 16: "Public Safety: 2012
Statistical Comparison." He noted that the chart showed
where Alaska was at in terms of crimes and incarceration
rates in comparison to other states and the nation. He
reported that Alaska, compared to the reclassification
states grouped together, had significantly higher violent
crime rate, similar property crime rate, and a similar
incarceration rate. Alaska, compared to all of the states,
had a significantly greater violent crime rate, a somewhat
lower property crime rate, and a parallel incarceration
rate. Alaska, measured alongside the 10 states that
reclassified only heroin, methamphetamines, and cocaine to
first-time small-quantity possession misdemeanor, had an
elevated violent crime rate, a comparable property crime
rate, and a slightly higher incarceration rate. He surmised
that it was difficult to draw a causal relationship between
crime reclassification and an impact to public safety.
Mr. Kopp presented slide 17 "Kleiman, Mark (2012, Apr 22)
Rethinking the War on Drugs, Wall Street Journal":
· The U.S. has reached a dead end in trying to fight
drug use by treating every offender as a serious
criminal. Blanket drug legalization has some
superficial charm-it fits nicely into a sound-bite or
tweet-but it can't stand up to serious analysis. The
real prospects for reform involve policies rather than
slogans. It remains to be seen whether our political
process-and the media circus that often shapes it-can
tolerate the necessary complexity.
· "For every complex problem," H.L. Mencken wrote,
"there is an answer that is clear, simple and wrong."
Mr. Kopp advanced to slide 18: "Probable Outcomes of SB
56":
· Balance of justice and proportionality in our laws
· Large reduction in barriers to reentry for offenders,
improvement in employability
· More persons successfully restored to a healthy
lifestyle
· Minimal impact on public safety
· Significant fiscal savings
· The proposed bill language is more conservative than
that of Wyoming, a state that is not a bastion of
liberalism, and has had good results.
Mr. Kopp disclosed slide 19: "Support":
· Alaska Native Justice Center
· Alaska Mental Health Board
· Advisory Board on Alcoholism and Drug Abuse
· Central Peninsula Hospital
· CPH Behavioral Health Associates
· Walt Monegan, APD Chief, Retired
· Carmen Gutierrez, Recent DoC Deputy Commissioner
· Niesje Steinkruger, Superior Court Judge, Retired
Mr. Kopp supplied a list of entities that supported the
legislation.
9:19:35 AM
Senator Dyson pulled out an expired bottle of Oxycodone
acetaminophen which did not contain any medicine. However,
he contended that if it did he could be arrested for
possession under current law. He also surmised that if the
bottle were tested and residue of a drug was found he could
be subject to being arrested. He referred to an article in
members' packets regarding a professional person who had
been charged with possession for having an expired
prescription bottle containing drug residue in his custody.
His life was ruined as a result. He emphasized that the
intent of the bill was not to be soft on crime but to get
proportionality in the law. He was impressed with the list
of all the class C felonies that were equivalent to his
example in the law.
9:21:06 AM
Co-Chair Stoltze asked the senator to provide the committee
with a copy of the case so that it could be evaluated by
Anne Carpeneti an Assistant Attorney General with the
Department of Law.
Senator Dyson agreed.
9:21:43 AM
KRIS SELL, VICE PRESIDENT, ALASKA PEACE OFFICERS
ASSOCIATION, represented 900 current and retired police
officers from the State of Alaska. The association did not
support the bill. She contended that the bill was not on
the right track and, based on real life experience, small
quantities were dealer quantities. Dealers typically
carried "points" which were equal to a tenth of a gram. The
bill would provide dealers with more opportunities to
involve people in the drug world. She understood the intent
of the bill was to avoid having to give harsh punishments
to people acting out of curiosity or who made a mistake.
She emphasized that the offenders she was concerned with
were drug dealers. She admitted that the current system had
problems, and that treatment and accountability were large
components of helping people to conquer their addictions.
She concurred with some things she had heard from the
Department of Law about its position on the issue. Some of
the pleas that could come from post-victim relief from
professional drug dealers who had pled out to charges would
want a misdemeanor rather than a felony charge. On behalf
of the Alaska Peace Officers Association she asked the
committee not to be among the states that went softest on
hard drugs and to oppose the legislation.
9:25:37 AM
Co-Chair Stoltze asked for a written position statement.
Ms. Sell stated that there was a copy of a letter in the
committee packet sent to the sponsor of the bill.
Representative Gara asked if there would be an opportunity
to direct a question to the Department of Law.
Co-Chair Stoltze said there would be time later in the
meeting for Representative Gara to ask his question.
GARY FOLGER, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY
(DPS), referred to potential foreseen and unforeseen
consequences of the bill. He deferred to his special
assistant to provide the department's assessment.
9:28:00 AM
KELLY HOWELL, SPECIAL ASSISTANT, DEPARTMENT OF PUBLIC
SAFETY, read the DPS prepared testimony:
There is no doubt that substance abuse is a
significant contributor to crime in Alaska. Yet even
given this statement, we acknowledge that possession
of small quantities of certain schedule IA or IIA
substances for a first-time offender is more
proportional to misdemeanor rather than felony
behavior. The expectation is that a misdemeanor
penalty for a first offense can serve as a wakeup call
and potentially deter offenders from future drug
offenses or other crimes. Whether this same philosophy
should apply to a second-time offender is a matter we
ask the legislature to take under further
consideration.
Subsequently, we also encourage additional
deliberation on the quantities identified as "non-
distributive" or "small amounts" as proposed in Senate
Bill 56. The Alaska State Troopers' Statewide Drug
Enforcement Unit (SDEU) reports that an average per
use of heroin is approximately 0.1 grams (100
milligrams) and an average per use of methamphetamine
is 0.75 - 1.0 grams. In essence, just less than 500
milligrams of heroin would equate to about five uses
and just less than 3 grams of methamphetamine would be
about three to four uses. Though these could be
considered user-level quantities, we urge closer
scrutiny of these levels to avoid a potential
unintended consequence of empowering street-level
distributors.
Another issue relates to the 300 milligram threshold
established for LSD. The SDEU reports they rarely
encounter LSD in a measurable form. It is usually
found in dosage units, with some of the liquid having
been absorbed into a more sold form such as blotter
paper, sugar cubes, or gelatin. The actual potency
levels of each dosage unit can range from 30 to 100
micrograms (1/1,000,000 of a gram). Therefore, the
threshold amount currently proposed equals
approximately 300 doses.
There will also be impacts to the Scientific Crime
Detection Laboratory (crime lab) within DPS. The
minimum thresholds established by this bill will
require testing of enough of the substance to meet the
threshold.
For example, whereas now the crime lab may need to
positively identify only one tablet to determine
whether it was a prohibited substance, analysis of at
least 15 tablets (if present) may now need to be
analyzed to meet the threshold and burden of proof.
This will impact the workload, but the crime lab will
attempt to manage it within its current staffing.
In closing, we must be careful and thoughtful to
ensure a balanced approach to protect the public from
dangerous offenders while holding offenders
accountable at the appropriate levels, whether it's a
felony or misdemeanor. This is a worthy effort that
DPS will continue to work with the legislature on this
issue.
Co-Chair Stoltze asked if DPS would characterize its
position as a flashing amber light rather than a green or
red light. Ms. Howell replied in the affirmative.
Representative Guttenberg asked if the discussion was about
an aggregate dosage amount.
TERRY VRABEC, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC
SAFETY, answered that under current law if someone was
caught for possession of a substance a small portion of it
would be taken for testing. The legislation would raise the
testing portion to five doses requiring more time and
effort on the part of the crime lab.
9:34:17 AM
Vice-Chair Neuman asked Deputy Commissioner Vrabec for
clarity about measuring drug quantities at the time of
prosecution.
Mr. Vrabec replied that a weight would be taken and
included in evidence. However, the department did not test
the entire confiscated amount. He gave the example of a
pound of cocaine. The department would not test the whole
pound, just a portion of it. Vice-Chair Neuman referred to
the cocaine example wanting additional clarity.
Ms. Howell pointed to page 3, line 2 of the legislation.
She explained that the threshold was 15 or more tablets.
For example, a person could e under the threshold if they
had three tablets and one was determined to be a prohibited
substance. However, if the person had 15 or more tablets
then each tablet would be tested to verify the substance.
Vice-Chair Neuman wondered how the lab would know if all of
the tablets were a prohibited substance unless they were
all tested.
9:36:57 AM
Mr. Vrabec suggested that the Department of Law answer
Representative Neuman's question further.
Representative Munoz asked about how many people were
currently serving under a class C felony conviction in
Alaska for drug possession.
Co-Chair Stoltze asked Representative Munoz for clarity on
whether or not she was asking about possession only or
possession in other activities. Representative Munoz
replied that she was asking about possession only.
Mr. Vrabec deferred the question to the Department of
Corrections.
RON TAYLOR, DEPUTY COMMISSIONER, DEPARTMENT OF CORRECTIONS,
answered that the number was approximately 427 people.
However, some of the 427 people were charged with
additional offenses.
Co-Chair Stoltze asked if the number was under 100. Mr.
Taylor replied that the number of people convicted
exclusively for possession was under 100.
Representative Munoz asked about the average sentence for
the approximate 100 offenders.
Mr. Taylor answered that the only number he could provide
was the average length of stay for the 427, which was 188
[days].
Co-Chair Stoltze commented on the war-on-drugs warehousing,
stating that the high end was 93 late in the fall of the
prior year. He opined that there were probably extenuating
circumstances because the state's system did not have the
capacity for people arrested for simple possession.
9:38:50 AM
RICHARD SVOBODNY, DEPUTY ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, made general comments.
ANNIE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
stated that the Department of Law (DOL) did not oppose the
bill but specified three concerns. The department's first
concern was sending the wrong message to Alaska'a youth
that, by reducing possession of some of the really serious
drugs, they would not consider them as dangerous to use as
they really were. The department's second concern was that
the state did not have probation supervision for
misdemeanants like it did for felons. A provision was added
to SB 56 allowing for supervision by Alaska's Alcohol
Safety Action Program (ASAP) for people convicted of fifth
degree possession. However, ASAP supervision was not like
Department of Corrections supervision for probationers. She
continued to explain that ASAP was an office-based program;
ASAP's probation officers sent a letter to a judge if they
became aware of a probation violation. Whereas, DOC
probation officers had a very different protocol; they had
a much more active hands-on approach to supervision. She
emphasized that people with addictions needed serious
supervision in order to overcome their dependencies.
9:43:02 AM
Ms. Carpeneti communicated the department's third concern;
the bill, in its current form, did not increase treatment
opportunities. People released under the circumstances
required help such as housing and rehabilitation to avoid
reentering the life that led to their initial conviction.
Mr. Svobodny expressed his doubts that the bill would help
to reduce crime numbers. He stated that untreated drug
users of the category of drugs covered in the bill (i.e.
methamphetamine, heroin, and LSD) were a danger to
themselves and their families. He furthered that they
presented a public safety danger to the rest of society. He
detailed a survey he completed of the District Attorney
(DA) offices across the state regarding trends in drug use
in urban areas. He began his survey in Bethel to get a base
by going outside the urban areas. He reported that heroin
was a large problem in the bush. In interviewing every
other DA office he discovered that black tar heroin was
widely used in Alaskan communities. All urban areas saw a
decrease in the use of cocaine and prescription medication
and an increase in the use of cheaper heroin. He opined
that heroin was a large problem in the State of Alaska and
in the country. He pointed out that the governor of
Vermont, in his state-of-the-state address, spoke
exclusively about the state's existing heroin problem.
Mr. Svobodny agreed that the heroin problem in Alaska
needed to be dealt with and applauded Senator Dyson for
attempting to address the issue. However, he expressed his
concerns with reducing drug possession crimes to
misdemeanors and did not believe that SB 56 would address
the ancillary crimes committed by drug users. He reported
asking the Anchorage DA office about other problems with
drugs. The DA responded that burglary and check fraud were
the most common crimes associated with drug use. Both
crimes provided a means to fund further drug use. He
elaborated that other consequences accompanied drug abuse
as well.
9:49:46 AM
Mr. Svobodny addressed Representative Munoz's question by
entertaining another question. He asked how many people
were incarcerated for misconduct involving a controlled
substance in the fourth-degree, a class C felony possession
charge. He revealed the answer was a range of 44 to 124
people as of October 1, 2013. The reason for the range was
because at least half of the people were charged for other
offenses including felony assault level crimes, theft in
the second-degree, and probation revocation. He asserted
that the police were not performing reverse buys where a
policeman sold drugs to a person then turned around and
charged them with possession.
9:52:34 AM
Mr. Svobodny addressed the fact that people were getting
arrested for possession offenses because of other criminal
activity. He cited that over a period of ten years a
sheriff in San Diego County tested everyone that came into
the jail on a specific day once a quarter for controlled
substances. The sheriff indicated that 90 percent ingested
some type of controlled substances on the day they were
tested.
Mr. Svobodny believed that it was critical to deal with the
people who were committing the auxiliary crimes by housing
them in jail. Although the bill required an assessment by
the Department of Health and Social Services, it did not
fund assessments, drug testing, or residential treatment
programs. He contended that it would be more likely for
felons to receive a felony probation officer who would
require reporting, look for symptoms of drug use, do random
searches, and perform drug testing than for a misdemeanant
to receive equitable services.
9:56:15 AM
Co-Chair Stoltze asked whether Mr. Svobodny would support a
reduced sanction for first-time possession offenders as
proposed by DPS.
Mr. Svobodny responded affirmatively with hesitation. He
noted that the system would deal with the changes presented
in the bill.
Representative Stoltze wondered whether Mr. Svobodny would
throw a case out if the police initiated a sale and
subsequently arrested the buyer for possession.
Mr. Svobodny confirmed that he would throw the case out.
9:58:11 AM
Representative Guttenberg told of his experience growing up
and the drug availability he witnessed in New York City and
Fairbanks. He opined that drug problems had only worsened
in the past 50 years. He suggested that the continued crack
down on the use of drugs was an ineffective deterrent. He
acknowledged Senator Dyson bringing forth new legislation
on the issue. He surmised that increasing penalties and
fines did not help in reducing the problem. He discerned
that part of the reason for the legislation was to avoid
having to build more prisons and referenced a
representative from Texas. He inquired about what worked in
past years.
9:59:54 AM
Mr. Svobodny relayed that Jerry Madden, a representative
from Texas, suggested that rather than putting drug abusers
behind bars they should be placed in treatment. He asserted
that treatment worked.
Mr. Svobodny pointed out that DOC had the ability to have
prisoners serve jail time at home or with electronic
monitoring. He furthered that the bill before the committee
only partially addressed the problem.
Co-Chair Stoltze opined that the Madden example did not
translate to Alaska.
Vice-Chair Neuman agreed with Mr. Svobodny about the
effectiveness of drug treatment programs for offenders. He
noted that drug abuse was an addiction. He inferred that
low-level sentencing did not allow enough time for
offenders to be placed into treatment prior to their
release. He stated that often treatment was a condition of
parole. One of the challenges for felons was to find work
to help to pay for their treatment. He suggested offenders
would potentially rob from others to pay for treatment in
order to meet the conditions of their parole. He asked if
it was a trend.
10:02:50 AM
Mr. Svobodny replied in the negative. He did not want to
suggest that longer jail sentences were a way to deal with
getting offenders treatment. He commented that in dealing
with a person with an addiction it would be better to treat
them for addiction rather than putting them in jail. He
suggested that the problem was people were burglarizing to
pay for their addiction. He opined that many of the
addicted resorted to being small distributors in order to
maintain their habit. He believed that the state needed a
program in place where people addicted to drugs were
supervised. He emphasized that treatment should come before
jail time.
Co-Chair Stoltze suggested that the bill would be heard
again before the committee at a later date.
10:05:18 AM
Representative Wilson asked about the number of people in
jail with misdemeanor charges and the length of their
sentences. She also asked if jail time for misdemeanants
was affected by the court system being bottlenecked with
cases. She wondered if the problem pertained to a backup in
Alaska's court system or whether felony and misdemeanor
charges needed to be changed. She wanted DOL to come back
to the committee with the answers to her questions at
another time.
Co-Chair Stoltze suggested Representative Wilson meet with
Ms. Mead to get the answers to her questions.
HCS CSSB 56(JUD) was HEARD and HELD in committee for
further consideration.