Legislature(2013 - 2014)CAPITOL 120

03/26/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 362 SYNTHETIC DRUGS TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
*+ HB 315 JURY NULLIFICATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 250 MEDICAL MALPRACTICE ACTIONS TELECONFERENCED
Moved CSHB 250(HSS) Out of Committee
        SB  64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                    
                                                                                                                                
                                                                                                                                
1:58:08 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
CS FOR  SENATE BILL NO.  64(FIN), "An  Act relating to  theft and                                                               
property  offenses;   relating  to   the  definition   of  'prior                                                               
convictions' for certain theft  offenses; establishing the Alaska                                                               
Criminal  Justice Commission  and providing  an expiration  date;                                                               
relating to the crime of  custodial interference; relating to the                                                               
duties  of the  Alaska  Judicial Council;  relating to  jail-time                                                               
credit  for   offenders  in  court-ordered   treatment  programs;                                                               
relating  to  conditions  of   release,  probation,  and  parole;                                                               
relating to duties  of the commissioner of  corrections and board                                                               
of parole;  establishing a  fund for  reducing recidivism  in the                                                               
Department  of   Health  and   Social  Services;   requiring  the                                                               
commissioner of health and social  services to establish programs                                                               
for persons  on conditions of  release or probation  that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
requiring the board  of parole to establish  programs for persons                                                               
on  parole that  require  testing for  controlled substances  and                                                               
alcoholic beverages; relating to the  duties of the Department of                                                               
Health  and  Social  Services; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
JORDAN  SHILLING,  Staff,  Senator  John  Coghill,  Alaska  State                                                               
Legislature,  said he  will address  the questions  the committee                                                               
had regarding  custodial interference.   He noted that  there was                                                               
some debate during the last  meeting about whether those sections                                                               
would  be  more  appropriate  in   the  attempted  kidnapping  or                                                               
kidnapping statutes.   He said  he provided the committee  with a                                                               
memo on this topic.  He  reminded the committee that the sections                                                               
were added through an amendment  in the Senate Judiciary Standing                                                               
Committee.    The  issue  was  brought  to  its  attention  by  a                                                               
constituent  in  Anchorage who  relayed  the  scenario of  a  man                                                               
walking into a  school representing himself as  the lawful parent                                                               
of a  child, probably  with the intent  of kidnapping  the child,                                                               
and only  getting charged  with criminal  mischief in  the fourth                                                               
degree.  The  reason the man could not be  charged with attempted                                                               
kidnapping was because of the  difficulty in proving the attempt.                                                               
"Attempt  would require  a substantial  step towards  restraining                                                               
another  person  with  the  intent   to  hold  that  person,"  he                                                               
explained.                                                                                                                      
                                                                                                                                
MR.  SHILLING explained  that  the provision  was  placed in  the                                                               
custodial  interference statutes  because the  offender would  be                                                               
attempting  to   portray  himself  as  a   relative-as  a  lawful                                                               
custodian.   The offenders are saying  that they have a  right to                                                               
custody, so that is why the decision  was made to put it into the                                                               
custodial interference statutes, he stated.                                                                                     
                                                                                                                                
2:01:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he hopes  that Mr.  Shilling will                                                               
convey to  the sponsor  that his previous  comments were  made to                                                               
help the  legislation, not  to "torpedo"  it.   He said  he spoke                                                               
with  Senator Wielechowski,  the bill's  author.   This is  a big                                                               
bill   and   it   warrants  some   careful   consideration,   and                                                               
Representative Gruenberg would like to review it.                                                                               
                                                                                                                                
2:02:11 PM                                                                                                                    
                                                                                                                                
SERGEANT  CHRIS  GIFFORD,  President,  Juneau  Police  Department                                                               
Employees Association, said  he has been a police  officer for 15                                                               
years, and he has handled a lot  of theft cases and would like to                                                               
talk about  the felony  threshold in  SB 64.   He has  dealt with                                                               
minor  to  very  serious  property  crimes,  he  noted.    Police                                                               
officers and  state troopers who  investigate property  crimes in                                                               
Alaska take  all cases seriously,  but he  can only speak  to his                                                               
experience in  Juneau.  In Juneau,  if a person steals  a corndog                                                               
or a  DVD player, a  uniformed officer  will respond.   He stated                                                               
that there is seldom a situation  that is called in that receives                                                               
no  personal attention  or action  by  law enforcement;  however,                                                               
police  prioritize their  level  of calls  for  service.   Crimes                                                               
against  persons   are  a  priority  over   property  crimes,  he                                                               
explained, and persons  reporting a theft can feel  like they are                                                               
being ignored  if an  officer is  called to  a scene  of domestic                                                               
violence  at the  same time,  for example.   The  officer is  not                                                               
ignoring the theft but just  prioritizing the incidents, he said.                                                               
"In Juneau, an officer will respond  to a theft regardless of the                                                               
monetary  amount,"  he stated,  and  "raising  the threshold  for                                                               
property crimes  will not change  the police response  to them-we                                                               
respond  to  all crimes  as  we  can and  when  we  are able,  in                                                               
relation to other  pending calls."  Delays in  response times can                                                               
be alleviated by adding officers, he noted.                                                                                     
                                                                                                                                
SERGEANT  GIFFORD said  that raising  the  felony threshold  from                                                               
$500 to $1200  is reflective of inflation.  "I  think it's fair,"                                                               
he stated.   Many times,  a person who is  accused of a  theft of                                                               
$500  is  convicted  of  a misdemeanor  crime  anyway;  they  are                                                               
charged with a  felony but end up with  a misdemeanor conviction.                                                               
Raising that level  puts serious pressure on  prosecutors to keep                                                               
those felony  cases as felony  cases.  Someone who  steals $2,000                                                               
deserves  a  felony  conviction,  incarceration,  and  supervised                                                               
probation  and/or  parole, he  opined.    "I think  all  property                                                               
crimes should  be prosecuted vigorously,  but the  statute should                                                               
be  fair   and  reflective  of   current  monetary   values,"  he                                                               
concluded.                                                                                                                      
                                                                                                                                
CHAIR  KELLER asked  Sergeant Gifford  if the  property threshold                                                               
makes no  difference as far  as the [Juneau Police  Department is                                                               
concerned].                                                                                                                     
                                                                                                                                
SERGEANT   GIFFORD   said   that  the   department   investigates                                                               
violations, which are not even crimes,  if possible.  If there is                                                               
something more serious pending,  the department takes that first,                                                               
he added.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  said many merchants are  concerned that if                                                               
the property  crime is raised to  $1,200, then a $750  theft, for                                                               
example, would only be a misdemeanor and not taken as seriously.                                                                
                                                                                                                                
SERGEANT GIFFORD  said police are  fact finders, and that  is not                                                               
based on  the monetary amount.   A felony level case  may involve                                                               
different  legal aspects,  but that  would be  a question  for an                                                               
attorney.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX asked if the  department would prioritize a                                                               
higher theft amount over another during an investigation.                                                                       
                                                                                                                                
SERGEANT GIFFORD said a very typical  case is the theft of bottle                                                               
from a  liquor store,  and the  surveillance footage  is reviewed                                                               
and an  investigation is done, whether  the theft is a  $500 case                                                               
[of liquor] or a $22 bottle.  "We do the best we can...."                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG   spoke  to   the  effect  of   SB  64.                                                               
"Currently if the value of the  merchandise is $500 or more it is                                                               
a class  C felony;  under the  bill, if the  value was  $1,200 or                                                               
more  it  would be  a  felony."   He  asked  if  there is  now  a                                                               
difference in  the level of  attention in investigating  a felony                                                               
over a misdemeanor.                                                                                                             
                                                                                                                                
SERGEANT GIFFORD said  the department gets all the  facts that it                                                               
can in a  theft case and follows all leads,  like tracking down a                                                               
witness.   "We are not  doing our job 100  percent if we  are not                                                               
trying to  get all of the  evidence we possibly can,"  he stated.                                                               
There is usually  not a whole lot of  difference in investigating                                                               
a felony or a misdemeanor.  Many  times an arrest is not made for                                                               
a felony because  prosecutors need to schedule a  grand jury "and                                                               
things  like that."   He  said, "A  lot of  times we  will gather                                                               
information and  file the charges  with the  prosecutor's office,                                                               
and the person may walk away at  that point but later go in front                                                               
of  a grand  jury  and  be indicted  and  arrested  on an  arrest                                                               
warrant."                                                                                                                       
                                                                                                                                
2:13:58 PM                                                                                                                    
                                                                                                                                
JEFF JESSE,  Chief Executive Officer, Alaska  Mental Health Trust                                                               
Authority, stated  that he is testifying  in favor of SB  64.  It                                                               
is rare  to find  a bill  that is both  timely and  strategic, he                                                               
opined.   The House Finance Standing  Committee recently attached                                                               
intent language to the budget,  saying that the court system, the                                                               
Alaska Housing Finance Corporation,  the Mental Health Trust, and                                                               
the departments of Corrections,  Labor and Workforce Development,                                                               
and Health and Social Services  need to continue to work together                                                               
toward a  plan to  reduce recidivism  and avoid  building another                                                               
prison  in 2016,  which is  the path  the state  is currently  on                                                               
unless  it does  something  different.   The  agencies have  been                                                               
working  toward  this effort,  and  he  noted that  the  Criminal                                                               
Justice  Working Group  has a  reentry  task force  and has  been                                                               
working  on  how to  enhance  the  process  of reentry  to  deter                                                               
recidivism.   However, it will  require a broader set  of actions                                                               
in order to avoid building a  $300 million prison within the next                                                               
four or five years, he stated.                                                                                                  
                                                                                                                                
MR. JESSE surmised  that the finance committee  was responding to                                                               
the  need for  a  sustainable budget,  and  building new  prisons                                                               
every four  to eight years  is unlikely to support  a sustainable                                                               
budget.    This  bill  is  an important  first  step  because  it                                                               
contains a number of keystones  to reducing recidivism, including                                                               
raising the property  crime threshold for a felony.   It is time,                                                               
he  said.   Representative  Craig Johnson  recently reminded  him                                                               
that the  state incarcerates for  two reasons: "We're  either mad                                                               
at  them or  we're afraid  of them."   For  theft crimes,  mostly                                                               
people are mad at the offenders,  and the fact that inflation has                                                               
raised the price  of items does not necessarily  mean that people                                                               
are madder  than at the  time when original thresholds  were set.                                                               
Clearly,  there  needs  to  be  a change  in  the  threshold,  he                                                               
reiterated.  The Criminal Justice  Commission created by SB 64 is                                                               
also very important.  He continued:                                                                                             
                                                                                                                                
     If you want to control  the prison population, you need                                                                    
     to start  reviewing the  sentencing guidelines  that we                                                                    
     have in state  law and make sure  that those sentencing                                                                    
     guidelines and requirements are  where you want them to                                                                    
     be,  so that  we're only  incarcerating people  for the                                                                    
     particular    circumstances   that    we   want    them                                                                    
     incarcerated  for and  that we  are incarcerating  them                                                                    
     for  the period  of time  that is  most appropriate  to                                                                    
     achieve  the   goals,  not  only  for   setting  public                                                                    
     standards of  behavior, but  also those  sentences that                                                                    
     would  be most  beneficial in  terms of  rehabilitation                                                                    
     and preventing recidivism.                                                                                                 
                                                                                                                                
MR. JESSE  opined that  the Recidivism Reduction  Fund is  also a                                                               
key element  of SB 64.   He reiterated the  cost of a  new prison                                                               
and said  that, obviously, recidivism  cannot be  reduced without                                                               
cost.   He  said  [the state]  is getting  smarter  in using  the                                                               
resources  available,  but  clearly  there will  be  a  need  for                                                               
additional resources.   This is no different from  the "Bring the                                                               
Kids  Home" initiative,  where dollars  needed  to be  reinvested                                                               
that were being spent out of  state to serve Alaska children.  In                                                               
this  case,  [the  state]  is   looking  at  long-term  budgetary                                                               
sustainability and what strategic investments  need to be made in                                                               
order  to reduce  the population  of people  in prison  and avoid                                                               
building another prison.   Mr. Jesse turned to  the 24/7 Sobriety                                                               
program  and  said it  is  an  evidence-based practice  that  has                                                               
proven to be  very effective in keeping people  sober and keeping                                                               
them  from   recidivating.    A   vast  majority  of   people  in                                                               
corrections  had substance  abuse connected  with their  criminal                                                               
behavior.  He  expressed support for the "good  time" provided to                                                               
those participating  in treatment and  said that the  basic needs                                                               
to avoid someone  from recidivating is housing,  job, and support                                                               
in recovery.  He stated that this  bill is a huge first step that                                                               
will reduce recidivism and the budget.                                                                                          
                                                                                                                                
                                                                                                                                
CHAIR KELLER asked if Mr. Jesse saw any areas that were missed.                                                                 
                                                                                                                                
MR. JESSE  said the  bill is  a great start  and covers  a pretty                                                               
broad cross  section of the  things that should be  started right                                                               
now.                                                                                                                            
                                                                                                                                
2:20:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that a  district court  judge in                                                               
Montana declared the  24/7 program to be  unconstitutional and it                                                               
is getting appealed to their supreme court.                                                                                     
                                                                                                                                
MR. JESSE said  there are many conditions placed  on release, and                                                               
he would  be surprised if  there was a  compelling constitutional                                                               
argument against requiring sobriety as a condition for release.                                                                 
                                                                                                                                
2:22:17 PM                                                                                                                    
                                                                                                                                
PEGGY  BROWN,  Executive  Director, Alaska  Network  on  Domestic                                                               
Violence and Sexual  Assault (ANDVSA), noted that  she will speak                                                               
to two  items today.   When  ANDVSA first  saw the  bill, members                                                               
were OK with [the 24/7  sobriety program] being in the Department                                                               
of Corrections (DOC),  but as the bill changed and  became a part                                                               
of  the Department  of  Health and  Social  Services (HSS),  they                                                               
developed concerns about victim safety,  but some of the concerns                                                               
may  not be  real in  the long  run, she  stated.   She said  she                                                               
understands  the  need  to do  something  about  Alaska's  prison                                                               
population and  that $2  a day for  sobriety tests  compares well                                                               
with  $138 for  imprisonment.   One  concern is  whether HSS  can                                                               
actually  deal with  violent offenders  who  have been  drinking,                                                               
including  sexual predators  or offenders  of domestic  violence.                                                               
She understood that  DOC would be a consultant, and  the point of                                                               
view of  ANDVSA is that  there may be  quite a bit  of consulting                                                               
and contracting.   States  with 24/7  programs, like  Montana and                                                               
South Dakota,  have a very  strong and immediate  law enforcement                                                               
response.  She  cautioned that the program  may be evidence-based                                                               
in practice but  not in its structure.  Ms.  Brown said ANDVSA is                                                               
definitely  supportive of  some  kind of  program  that works  on                                                               
sobriety because  it is  known that  alcohol and  substance abuse                                                               
does  not  cause  sexual  assault,   but  it  is  a  co-occurring                                                               
disorder.                                                                                                                       
                                                                                                                                
2:25:11 PM                                                                                                                    
                                                                                                                                
MS. BROWN  said the second  concern is that  "your representative                                                               
who you created  in terms of the Office of  Victims' Rights, that                                                               
that   person   who   represents   victim   rights-constitutional                                                               
rights...-be  a  member  of that  sentencing  commission."    The                                                               
victim's constitutional rights should  be considered equally with                                                               
the defendant's constitutional rights, she  stated.  She noted AS                                                               
44.19.645  regarding the  powers  and duties  of the  commission,                                                               
which  includes providing  for the  protection of  the rights  of                                                               
crime  victims.   Having  a  representative  from the  Office  of                                                               
Victims'  Rights  will  represent the  constitutional  rights  of                                                               
victims, she  reiterated.  She  knows that the  commission should                                                               
have a manageable  number of members, but "we  feel very strongly                                                               
that at least that ... office should be on that panel."                                                                         
                                                                                                                                
2:29:06 PM                                                                                                                    
                                                                                                                                
JOE  BAIR,  Wasilla, Alaska,  said  he  is  supportive of  SB  64                                                               
redefining what  is criminal and  to what extent it  is criminal.                                                               
He said his  concern today is in redefining  sexual crimes, which                                                               
not many people want  to talk about.  He gave  the example of two                                                               
men having  a heated discussion  whereby one man backs  the other                                                               
against the  wall.  If  the man who is  against the wall  puts up                                                               
his  arms into  the area  of the  other man's  chest to  move him                                                               
back, it could be construed as  an assault-a misdemeanor.  If the                                                               
one person was a female in the  same situation and if any part of                                                               
the man's  hand touched  any part  of her breast,  it would  be a                                                               
felony, and the woman does not  even have to [press charges].  It                                                               
is a crime against the state,  and anyone who saw the interaction                                                               
could bring  it forward, he  stated.  If  the woman said  she was                                                               
touched, even if the man said, "yea,  I was trying to get her out                                                               
of my  space," it does  not matter-it is  a felony.   "That's the                                                               
problem that we're  at today-these felonies are  not defined," he                                                               
opined.  Whether  it is an attempted sexual assault  or a vicious                                                               
rape, the penalty can  be the same.  That is  why he thinks there                                                               
should be some distinguishing, he stated.                                                                                       
                                                                                                                                
CHAIR KELLER  told Mr. Bair that  the committee is there  to look                                                               
at those tough questions.                                                                                                       
                                                                                                                                
MR. BAIR said  he had another example.   He said he  and his wife                                                               
had   been   sexually   assaulted  in   their   "younger   days."                                                               
Consequently, they were very careful  with their children, and he                                                               
was never alone  with his nieces.  "I bend  over backwards to not                                                               
be  in a  situation where  anything could  be construed  as being                                                               
irregular,"  he noted,  but he  finds that  it is  detrimental to                                                               
him.   He  spoke  of helping  a  young child  get  off some  play                                                               
equipment  and asked  what would  happen if  a parent  questioned                                                               
what he was doing.  "These  are strange things, but without clear                                                               
definitions, I always feel at risk," he told the committee.                                                                     
                                                                                                                                
2:34:47 PM                                                                                                                    
                                                                                                                                
ANDY  PEVEHOUSE, Kenai,  Alaska,  said he  works  for the  Alaska                                                               
Public Defender  Agency, but he  is speaking for himself,  and he                                                               
supports  SB  64,  particularly  with  regard  to  the  increased                                                               
misdemeanor and  felony monetary  threshold for  property crimes.                                                               
On the  Kenai Peninsula, police  investigate every  crime whether                                                               
it is a  class B misdemeanor or  a class A felony, he  noted.  In                                                               
terms of prosecutions,  he has seen thefts of  $1 prosecuted, and                                                               
he has  seen a  theft of  something valued  $501 prosecuted  as a                                                               
class C  felony, "so  I don't  think that  there's any  risk that                                                               
changing  the  threshold  is  going  to  change  how  crimes  are                                                               
prosecuted."  He  noted that the consequences of  being branded a                                                               
felon  are  extreme,  and  it   closes  many  doors  for  people,                                                               
particularly  young  people.   Crimes  like  theft  and  criminal                                                               
mischief  are  largely  crimes  of  passion  or  opportunity,  he                                                               
explained.   He gave  the example of  a girlfriend  and boyfriend                                                               
who  are angry,  and  one of  them  throws a  rock  and breaks  a                                                               
windshield.  If it costs more  than $500 to replace a windshield,                                                               
it is  a felony, even though  the person was not  likely thinking                                                               
about  it,  especially   not  whether  it  was  a   felony  or  a                                                               
misdemeanor.   The  "hothead"  is suddenly  a  felon, he  stated.                                                               
Raising the threshold will protect  people who might do something                                                               
foolish  but who  really  should  not be  branded  as felons,  he                                                               
opined.                                                                                                                         
                                                                                                                                
MR. PEVEHOUSE  noted that the  bill does  not change the  part of                                                               
the theft  statute that keeps  recidivists thieves  from becoming                                                               
felons.   The  law,  as it  stands,  is that  the  third class  A                                                               
misdemeanor  of theft  can  be  charged as  a  class C  felony-it                                                               
aggravates  and elevates  on the  third one.   He  did not  think                                                               
anyone should  be concerned that  by changing the  threshold, the                                                               
message  will  not go  out  to  repeat  offenders.   "So  if  you                                                               
continue to be a thief, at  some point you certainly deserve that                                                               
class C  felony," he stated.   What was  worth $500 30  years ago                                                               
would be [worth a lot more] today.                                                                                              
                                                                                                                                
CHAIR  KELLER noted  that he  is surprised  at how  much interest                                                               
there is in SB 64.                                                                                                              
                                                                                                                                
2:39:02 PM                                                                                                                    
                                                                                                                                
JAYCE ROBERTSON,  Soldotna, Alaska,  noted that he  has submitted                                                               
written testimony  and he has  written a letter to  Chair Keller.                                                               
He  said he  agrees with  much  of what  Mr. Jesse  said, and  he                                                               
particularly   supports  the   SB  64   language  regarding   the                                                               
conditions  of release  and "treatment  versus punishment."   His                                                               
strongest  support is  with the  "hopeful  addition" of  language                                                               
from SB  81, which would have  an immense positive impact  on his                                                               
life.  He said he once had  a substance abuse problem, but he has                                                               
been  clean and  sober  for  almost three  years.    He has  been                                                               
involved  with  the  legal system  and  with  rehabilitation  and                                                               
punishment.   He  stated that  punishment  seems to  be the  main                                                               
focus instead  of rehabilitation.   Noting that he  also supports                                                               
the felony threshold change and  the recidivism [fund], he mostly                                                               
supports treatment for offenders.                                                                                               
                                                                                                                                
MR. ROBERTSON  said that treatment,  not punishment, is  the true                                                               
solution  to   substance  abuse,  and  he   knows  from  personal                                                               
experience  and from  the many  people he  knows in  the recovery                                                               
community.   Directly or  indirectly, every  person in  Alaska is                                                               
impacted by substance abuse, one way  or another, he opined.  "It                                                               
is  a  rampant  problem,  statewide, and  the  true  solution  is                                                               
treatment  options."   The  individual who  is  abusing drugs  or                                                               
alcohol will not recover until  ready, "so that takes exposure to                                                               
treatment  and  the  possibilities;   and  that  takes  time  and                                                               
boundaries; and  it forces  the individual  to be  accountable to                                                               
their own decisions," he explained.   He reiterated that he would                                                               
like to  see language  from SB  81 added to  SB 64,  granting the                                                               
privilege to obtain  a limited driver's license for  a person who                                                               
has completed court-ordered treatment.   He explained that he had                                                               
his driver's  license suspended  for a minimum  of 10  years, and                                                               
that is an extreme hardship on his  family.  When a person is not                                                               
able  to drive  to  work, it  creates a  hardship  on others  and                                                               
encourages  reliance  on public  assistance.    Having a  license                                                               
would provide  access to jobs, treatment,  education, and 12-step                                                               
recovery community  meetings.   Personally, he  has been  able to                                                               
overcome the limitation,  but he knows of others  in the recovery                                                               
community  where  [not  being able  to  drive]  is  indescribably                                                               
difficult.   This change would give  the state a step  forward in                                                               
the movement of recognizing treatment versus punishment.                                                                        
                                                                                                                                
CHAIR KELLER said he appreciated  his testimony and called Ronald                                                               
Taylor to  hear about  what is  being done  by the  Department of                                                               
Corrections regarding treatment options and reducing recidivism.                                                                
                                                                                                                                
2:47:19 PM                                                                                                                    
                                                                                                                                
RONALD  TAYLOR, Deputy  Commissioner,  Department of  Corrections                                                               
(DOC),  said   DOC  has  placed   great  emphasis   on  expanding                                                               
rehabilitative services.   He noted that only 6  percent of DOC's                                                               
total budget  is used  for those  services, but  that has  been a                                                               
substantial increase "of at least a  million or two over the last                                                               
three or four years."   That includes an expansion of educational                                                               
opportunities  and  substance  abuse  services, he  added.    The                                                               
Recidivism  Fund would  provide supportive  and reentry  services                                                               
that  DOC is  now not  able to  do, he  said.   Once persons  are                                                               
released  from   custody,  "they  need  that   added  support  to                                                               
maintain, not only sobriety, but  to be able to remain crime-free                                                               
and remain in the community  and be productive in the community."                                                               
This would be of tremendous value,  because it is a critical part                                                               
of a person being able to stay out of the system, he stated.                                                                    
                                                                                                                                
CHAIR KELLER  asked if those  in prison also need  more treatment                                                               
of  substance  abuse  and  more  education.    He  asked  if  the                                                               
recidivism programs are functioning for the inmates.                                                                            
                                                                                                                                
MR. TAYLOR said  that is correct, "We actually  have expanded our                                                               
institutional   substance   abuse  programing   for   out-patient                                                               
services and  residential services,  and we  continue to  look at                                                               
ways that we  can enhance our assessment  capabilities inside the                                                               
institution as well as in the community."                                                                                       
                                                                                                                                
2:50:10 PM                                                                                                                    
                                                                                                                                
CARMEN GUTIERREZ,  Anchorage, Alaska, said she  is testifying for                                                               
herself, but she has worked for  the State of Alaska for about 25                                                               
years  in the  criminal justice  system, and  she was  the deputy                                                               
commissioner for  DOC for  3 years.   She commended  Chair Keller                                                               
and  the committee  for  their hard  work  to address  meaningful                                                               
reforms that  will reduce recidivism and  make Alaska communities                                                               
healthier, and she said SB 64  is a great step in that direction.                                                               
The bill  is intended to  promote offender accountability  and to                                                               
allow  the DOC  to use  its limited  hard prison  beds in  a more                                                               
cost-effective  fashion, she  opined.    An organization,  called                                                               
Right on  Crime, is  "making the  conservative case  for criminal                                                               
justice reform."   Right on Crime  is very engaged in  looking at                                                               
cost-effective,  evidence-based  practices   that  reduce  crime,                                                               
reduce  cost,  reform  offenders, and  protect  communities,  she                                                               
stated.   She  said  that  Grover Norquist  is  a  leader of  the                                                               
organization and  in July, 2013, sent  a letter in support  of SB
64.     Other   members  of   Right  on   Crime  are   noteworthy                                                               
conservatives, such as Edwin Meese,  Jeb Bush, Newt Gingrich, and                                                               
William Bennett.   There is a recognition  throughout the country                                                               
that the practices of the  past will only provide failed results,                                                               
"and  we really  have  a responsibility  to  use valuable  Alaska                                                               
resources  in a  manner  that gives  Alaskans  the best  outcomes                                                               
possible," she said.                                                                                                            
                                                                                                                                
MS. GUTIERREZ  urged the committee  to look at the  opinion noted                                                               
previously by  Representative Gruenberg, which she  has not seen,                                                               
but  as  Mr. Jesse  indicated,  courts  have been  imposing,  via                                                               
statute, conditions  of release  and probation,  "and it  is very                                                               
hard for  me to imagine how  adding a condition of  sobriety 24/7                                                               
would be found,  by our courts, as being  unconstitutional."  She                                                               
said   she  strongly   supports  the   Alaska  Criminal   Justice                                                               
Commission,  and it  would  be very  essential  in Alaska  moving                                                               
forward in developing comprehensive strategies.                                                                                 
                                                                                                                                
2:55:00 PM                                                                                                                    
                                                                                                                                
AL TAMAGNI, Member, National  Federation of Independent Business,                                                               
said  that he  found it  interesting  to listen  to the  previous                                                               
testifiers, "because none of them  are really absorbing the loss;                                                               
it's the business  people that absorb the loss,  and there really                                                               
isn't  enough   consideration  given  there."     He  noted  that                                                               
inflation depends on  what is stolen; a computer  worth $3,000 in                                                               
1982  would be  worth  $680 today.   He  said,  "We have  already                                                               
agreed  to an  increase  in  the threshold  amount  from $500  to                                                               
$750."  He noted that net  profits have not increased 200 percent                                                               
since 1976 on a percentage-type  basis; they are still very, very                                                               
low.   The small business  entities of  Alaska are willing  to do                                                               
its share  by allowing  the threshold  to rise  to $750,  and the                                                               
other  entities  should make  more  of  an  effort to  solve  the                                                               
problem, he opined.                                                                                                             
                                                                                                                                
2:58:12 PM                                                                                                                    
                                                                                                                                
RICK  ALLEN,   Director,  Office   of  Public   Advocacy,  Alaska                                                               
Department of Administration, said  the Office of Public Advocacy                                                               
does not  generally take positions  on proposed  legislation, and                                                               
it takes no official position on  SB 64; however, he will testify                                                               
on  the  felony threshold  provision.    Mr.  Allen was  a  state                                                               
prosecutor for  over seven years,  and he noted that  current law                                                               
is  strictly prosecuted  in many  parts of  Alaska.   He said  he                                                               
personally  indicted at  least two  people for  felony theft  for                                                               
stealing  bicycles worth  over $500,  and in  his last  trial, in                                                               
2011, he successfully prosecuted a  man for walking into a Target                                                               
[store]  and  walking out  with  a  $600  stereo.   The  man  was                                                               
sentenced to  prison for two years,  and the case cost  the state                                                               
over $100,000  for the  prosecution, defense,  and incarceration.                                                               
The  legislature needs  to decide  "if that  math pencils  out to                                                               
anybody but Target."                                                                                                            
                                                                                                                                
CHAIR KELLER closed public testimony, and SB 64 was held over.                                                                  

Document Name Date/Time Subjects
2. HB 315 Sponsor Statement.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
3. HB 315 Ver U.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
HB 315 Fiscal Note~LAW.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
HB 315 Fiscal Note~OPA.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
HB 315 Fiscal Note~PDA.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
5. HB 315 Legal Opinion re NH 2-26-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
4. HB 315 Legal Opinion 2-18-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
6. HB 315 Supporting Documents State Language on Jury Nullification.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
7. HB 315 Supporting Document HB 140.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
8. HB 315 Supporting Document HB 463.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
HB 463
HB 362-Sponsor Statement.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-Version U.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~DHSS.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~OPA.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~Public Defender Agency.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~Public Safety.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB362 Fiscal Note~Court System.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-Legal Memo.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-ADN Article 2-4-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-ADN Article 12-18-13.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-ADN Article-1-22-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-Alaska Dispatch Article 1-10-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362-Anchorage Ordinance.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB362-ADN Article 2-8-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 250 ver. P Proposed Amendments.pdf HJUD 3/26/2014 1:00:00 PM
HB 250
SB 64 Letter~Betty Bair.pdf HJUD 3/26/2014 1:00:00 PM
SB 64
SB 64 Support Letter~Jayce Robertson.pdf HJUD 3/26/2014 1:00:00 PM
SB 64
SB 64 Memo Addressing Questions from House Judiciary 3-26-14.pdf HJUD 3/26/2014 1:00:00 PM
SB 64
HB 315 Support Letter~Lance Roberts.pdf HJUD 3/26/2014 1:00:00 PM
HB 315
CSHB 362 Summary of Changes ver. U.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Support Document~ADN Article 3-25-14.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~Revised OPA.pdf HJUD 3/26/2014 1:00:00 PM
HB 362
HB 362 Fiscal Note~Revised PDA.pdf HJUD 3/26/2014 1:00:00 PM
HB 362