Legislature(2013 - 2014)CAPITOL 120

03/28/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 205 TRAFFIC OFFENSES: FINES/SCHOOL ZONES TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 235 CONFIDENTIALITY OF APOC COMPLAINTS TELECONFERENCED
Heard & Held
        SB  64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                    
                                                                                                                                
1:59:12 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:59:48 to 2:00:59.                                                                          
                                                                                                                                
2:01:05 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER said  there are  several people  who would  like to                                                               
testify.                                                                                                                        
                                                                                                                                
BILL MICKELSON, President, Mickelson  Consulting Group, said that                                                               
he helped develop,  implement, and then direct  the 24/7 Sobriety                                                               
Program in  South Dakota.  He  said he is retired  after 43 years                                                               
in law enforcement and now  has a consulting company dedicated to                                                               
migrating the  24/7 program  across the country  and abroad.   He                                                               
stated  that 24/7  is  a valuable  tool for  judges  and for  the                                                               
driver's  license division,  which would  need it  for revocation                                                               
and reinstatement  of licenses.  It  has been a valuable  tool in                                                               
South Dakota, North Dakota, Montana,  and all of the other states                                                               
where it operates, he  added.  He said he reviewed  SB 64 and did                                                               
a  cursory  review  of  the   amendment,  and  he  applauded  the                                                               
comprehensive bill.                                                                                                             
                                                                                                                                
2:03:52 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked about the amendments.                                                                                        
                                                                                                                                
MR. MICKELSON  said his comments  are general, but it  seems that                                                               
the amendment is  consistent with other states  using 24/7 twice-                                                               
a-day  testing as  an option  over interlock  devices.   "We were                                                               
successful  in a  federal highway  bill ...  to include  the 24/7                                                               
Sobriety Program, so  we now have parity with  the other approved                                                               
programs that  are administered by  the National  Highway Traffic                                                               
Safety  Administration, so,  in effect,  we do  have parity  with                                                               
ignition interlock  devices."   He added that  it has  been quite                                                               
effective long term  in reducing recidivism, crash  rates, and "a                                                               
whole host of  other benefits."  He noted that  offering the 24/7                                                               
sobriety twice-a-day testing  for driver's license reinstatements                                                               
is a  good and effective move,  and it has been  quite successful                                                               
in  all of  the  states that  are  using it.    These people  are                                                               
driving sober, because  they are tested at least twice  a day, he                                                               
stated.                                                                                                                         
                                                                                                                                
2:06:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said there is  a very recent trial court                                                               
order from  Montana, and  the decision is  being appealed  to the                                                               
Montana Supreme Court.  He would  like to know what the judge has                                                               
ruled.                                                                                                                          
                                                                                                                                
CHAIR KELLER suggested that Mr. Mickelson could get it.                                                                         
                                                                                                                                
MR. MICKELSON  said it is  under appeal and the  Montana Governor                                                               
and Attorney General are quite  confident that the ruling will be                                                               
in favor of the sobriety program.                                                                                               
                                                                                                                                
2:07:46 PM                                                                                                                    
                                                                                                                                
ELIZABETH RIPLEY,  Executive Director, Mat-Su  Health Foundation,                                                               
explained  that   the  foundation  shares  ownership   in  Mat-Su                                                               
Regional [Medical Center]  and invests its profits  back into the                                                               
Matanuska-Susitna community  to improve  the health  and wellness                                                               
of Alaskans living  in the area.  The  Mat-Su Foundation recently                                                               
completed a  community health-needs  assessment by  compiling all                                                               
valid and  reliable health data  in the area and  then conducting                                                               
24  meetings   in  2013   with  different   stake-holder  groups.                                                               
Attendees at  the forums ranked  the top five health  issues, and                                                               
they were  all behavioral  health related.   The  issues included                                                               
alcohol  and  substance  abuse; child  abuse;  access  to  mental                                                               
health care;  depression and suicide;  and domestic  violence and                                                               
sexual assault.   "We  don't believe these  issues are  unique to                                                               
Mat-Su,  but  are,  in  fact,   relevant  to  communities  across                                                               
Alaska."  She  noted that Matanuska-Susitna is home  to the Goose                                                               
Creek  Correctional Center,  and the  majority of  those who  are                                                               
incarcerated  suffer from  behavioral health  issues and  will be                                                               
released back into  the Matanuska-Susitna community.   There is a                                                               
meaningful shift  across the nation  away from  incarceration and                                                               
toward evidence-based smart justice  strategies to protect public                                                               
safety   and   help   Alaskans  reintegrate   back   into   their                                                               
communities.                                                                                                                    
                                                                                                                                
2:09:15 PM                                                                                                                    
                                                                                                                                
MS. RIPLEY  said that the state  is concerned about the  costs of                                                               
Goose  Creek,  and people  should  rethink  how criminal  justice                                                               
dollars are  spent and the outcomes  they yield.  Senate  Bill 64                                                               
does  just  that.   The  Mat-Su  Health  Foundation  particularly                                                               
supports  the sections  that increase  the  felony threshold  for                                                               
property-related  crimes,  institute  a  24/7  sobriety  program,                                                               
institute   the  PACE   program,   require   the  Department   of                                                               
Corrections  (DOC)   to  conduct   a  risk/needs   assessment  on                                                               
offenders, establish  a fund for  treatment programs  that reduce                                                               
recidivism,  and  allow credit  for  time  served in  residential                                                               
substance abuse treatment programs.                                                                                             
                                                                                                                                
2:10:27 PM                                                                                                                    
                                                                                                                                
BETTY BAIR,  Wasilla, Alaska,  noted that  she sent  in testimony                                                               
regarding  redefining  sexual  crimes "and  all  the  surrounding                                                               
aspects."  After listening to  others testify, new issues came up                                                               
for her, she  said.  She noted two testifiers  who indicated that                                                               
the state's tendency is toward  punishment of inmates rather than                                                               
treatment.   One testifier said  that 90  per cent of  crimes are                                                               
from impaired  judgment.  "Does  that really make them  a felon?"                                                               
she  asked.   She  referred  to  testimony  by  Mr. Bair  on  the                                                               
previous day and  stated that sexual crimes need  to be redefined                                                               
to  include only  real sexual  abusers and  predators.   She then                                                               
turned  to the  topic of  education in  prisons.   "What kind  of                                                               
education  is  really going  on  in  our  prisons, and  how  many                                                               
inmates are getting a career  possibility before they exit?"  She                                                               
also posed  the question of  what treatment is being  offered and                                                               
to  how  many inmates.    She  stated  that  she is  not  getting                                                               
accurate   answers  from   listening  to   legislative  committee                                                               
meetings.                                                                                                                       
                                                                                                                                
2:12:02 PM                                                                                                                    
                                                                                                                                
MS. BAIR asked how many classes  are being offered in the prisons                                                               
per number of inmates per institution.   She noted that she has a                                                               
friend taking  a criminal justice  class at "the Mat-Su"  who was                                                               
told that a  lot of educational programs were  offered, "but even                                                               
when she  called back  in, she  was just  told 'we're  working on                                                               
getting  more  classes  lined  up.'"  So  what  is  really  being                                                               
offered? she asked.  She said  she has only heard of three career                                                               
possibilities at  PCC [Palmer Correctional  Center]: electrician,                                                               
plumber,  and  carpenter,  and  these  [programs]  are  minimally                                                               
offered.   She added  that, "Only  two people  for each  of these                                                               
classes,  over an  18-month period  of  time, can  have a  career                                                               
possibility."   That is not  many opportunities for  reentry into                                                               
the real world, she opined.                                                                                                     
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                
MS. BAIR asked,  "What treatment is being offered  to our inmates                                                               
in real terms,  and how many are  able to benefit from  it?"  She                                                               
has heard that  the best treatment offered to inmates  is the TLC                                                               
program, which  means Transformational,  Living Community  and is                                                               
only  offered in  the  medium  security area  of  PCC  and for  a                                                               
limited number of people.  The  TLC program results in 75 percent                                                               
less  recidivism, but  there  is no  counseling  or treatment  in                                                               
minimum security at PCC, she stated.   She added that a person is                                                               
not even able  to pay for a counselor for  a family member inside                                                               
a prison.   "Treatment and counseling are  not happening inside."                                                               
She opined  that the Recidivism  Fund is  good for those  who are                                                               
released  but  the   real  need  is  for  those   who  are  still                                                               
incarcerated.  "Help  them through their issues  all those months                                                               
of nothing to  do but think," she stated.   She said that inmates                                                               
need counseling so their lives can begin when they leave.                                                                       
                                                                                                                                
2:14:46 PM                                                                                                                    
                                                                                                                                
MS. BAIR opined that if offenders  are following all of the rules                                                               
and have changed, they should not  be held to such harsh mandates                                                               
like no  driver's license  and long  probation. "Give  them their                                                               
life back."   Some [past inmates] are tagged as  felons, which is                                                               
enough to  bear.  "When someone  commits a crime, whether  it has                                                               
to do  with drinking,  drugs, sexual crime,  or theft,  the crime                                                               
then  becomes an  issue  between  that person  and  the State  of                                                               
Alaska, so  as the  legislature of  the State  of Alaska,  I feel                                                               
strongly that it  behooves you to search for  concrete answers to                                                               
the questions I've presented."                                                                                                  
                                                                                                                                
2:15:23 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER noted that the  committee has her written testimony,                                                               
and  he hopes  the Department  of Corrections  will forward  some                                                               
information on the questions she asked.                                                                                         
                                                                                                                                
LISA RIEGER,  General Counsel, Cook Inlet  Tribal Council (CITC),                                                               
noted that she was on  the Department of Corrections Reentry Task                                                               
Force and  she was an  associate professor at UAA  [University of                                                               
Alaska, Anchorage] Justice  Center for 11 years.   The Cook Inlet                                                               
Tribal  Council is  in support  of SB  64, which  focuses on  the                                                               
barriers  to   success  for  men   and  women   reentering  after                                                               
incarceration.   She said that  the Reentry Task  Force addressed                                                               
the same  issues of increasing  success, saving  state resources,                                                               
and reducing crime.  She stated  that CITC supports SB 64 because                                                               
it  provides important  new innovations  to turn  around Alaska's                                                               
recidivism rate.   Alaska's  new prison  will be  beyond capacity                                                               
soon unless  the state addresses  substance abuse  and addiction,                                                               
which  leads  to  so  many  offenses,  particularly  to  so  many                                                               
violations  of  probation  and parole.    The  CITC  specifically                                                               
supports  the  evidence-based  practices  of the  24/7  and  PACE                                                               
programs; the Justice Commission;  the Recidivism Reduction Fund-                                                               
which  is  visionary  for   long-term  stability  and  represents                                                               
strategic  investments for  the state;  and the  felony threshold                                                               
for property crimes.                                                                                                            
                                                                                                                                
2:17:32 PM                                                                                                                    
                                                                                                                                
MS. RIEGER added  that CITC particularly supports  the section of                                                               
SB  64  that clarifies  credit  for  time served  in  residential                                                               
programs that contribute  to reducing recidivism.   She said CITC                                                               
has  been operating  Chanlyut, a  rehabilitation program  for men                                                               
recently  released  from  prison  or facing  substance  abuse  or                                                               
homelessness.  Chanlyut is modeled  after the successful Delancey                                                               
Street  program from  California  and operates  on the  principle                                                               
that reinforcing  accountability for  actions, learning  a strong                                                               
work  ethic,  and having  responsibility  for  others is  key  to                                                               
turning  lives  around without  the  use  of professional  staff.                                                               
Chanlyut is a 24/7 residential  program located in Anchorage, and                                                               
since the start of the program  six years ago, it has served over                                                               
175 men  and saved the state  millions of dollars by  housing men                                                               
who would  have been in a  corrections facility.  There  are many                                                               
success stories, she explained.   The graduates leave the program                                                               
having earned  everything they have  themselves.  They  have been                                                               
clean and  sober for two  years, they have  a job, and  they have                                                               
the  where-with-all   to  set  themselves  up   with  apartments,                                                               
vehicles, and  other needs  from money they  saved in  their last                                                               
months of their residency.                                                                                                      
                                                                                                                                
2:18:47 PM                                                                                                                    
                                                                                                                                
MS.  RIEGER  said that  the  key  to  Chanlyut's success  is  the                                                               
mandatory  work component  and the  complete responsibility  each                                                               
man has  for the maintenance of  the house and the  program.  "In                                                               
fact, income  for our Chanlyut  businesses support 35  percent of                                                               
program expenses.   We describe  it as  learning to live  life on                                                               
life's terms without the use of  drugs or alcohol and with taking                                                               
responsibility  for   their  lives  through  honest   work,"  she                                                               
explained.   Requirements  and expectations  for behavior  are so                                                               
high that some residents have  requested returning to jail rather                                                               
than complete  the Chanlyut program.   The  opportunities offered                                                               
in  SB 64  align with  Chanlyut, and  CITC strongly  supports the                                                               
bill,  she stated.   There  is one  change that  CITC would  like                                                               
under the Recidivism Reduction Grant  Program provision where [in                                                               
order to  qualify for a grant]  the bill requires the  program to                                                               
provide  treatment  for  substance  abuse.    She  requested  the                                                               
addition of  "if required  by assessment,"  because if  an inmate                                                               
received treatment inside the institution  he or she may not need                                                               
treatment  during the  transition.   The requirement  could be  a                                                               
huge burden  for the  programs and  for employment  schedules for                                                               
those  working in  the community,  she  opined.   Only those  who                                                               
really need it should be occupying space, she added.                                                                            
                                                                                                                                
2:20:41 PM                                                                                                                    
                                                                                                                                
MELINDA MERRILL,  Manager, Community Affairs, Fred  Meyer Stores,                                                               
said she  is joined by  Scott Bringhurst, vice president  of loss                                                               
prevention.  She requested that the  felony threshold in SB 64 be                                                               
returned to the $750 level.  She  said she is a little sorry that                                                               
she has  to be  the "bad  guy" regarding  the testimony,  but the                                                               
Fred Meyer Company  has a different perspective.   Those stealing                                                               
$500 to $750  worth of items from the stores  are not kids making                                                               
one stupid  mistake, and  they are not  one-timers who  just have                                                               
bad judgment or  peer pressure.  They are savvy  young adults who                                                               
are making  a living  off the  thefts and  are part  of organized                                                               
crime rings.   She said that these people know  Fred Meyer's loss                                                               
prevention  strategies-they pay  attention to  this stuff.   They                                                               
know what  employees can  and cannot  do to  stop them,  and they                                                               
know exactly  how much they  can steal  with regard to  the crime                                                               
rank.  They  are walking out with things that  they know they can                                                               
get away  with and  they are doing  it multiple,  multiple times,                                                               
she stated.                                                                                                                     
                                                                                                                                
2:23:09 PM                                                                                                                    
                                                                                                                                
MS.  MERRILL gave  an example  of one  person who  the store  has                                                               
apprehended 11 times since 2007  and who has stolen almost $3,500                                                               
worth of  items, but he  has done it  in small increments.   Only                                                               
twice has his theft been valued  at over $500, she explained.  So                                                               
he is  a career criminal,  and there is  nothing to stop  him and                                                               
nothing to get him into the  system to start getting the help and                                                               
correction  that he  needs.    She asked  again  that the  felony                                                               
threshold be  put back  to the  $750 level.   "We  understand the                                                               
realities out there of the prison  system and the costs, but what                                                               
you  do when  you raise  it that  much higher  is you  assist the                                                               
career criminal  and ... there's  no place  to get them  into the                                                               
system and start getting them  into the resources that Ms. Rieger                                                               
talked about."                                                                                                                  
                                                                                                                                
2:24:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LANCE  PRUITT asked about the  potential impact in                                                               
prices  to consumers  based on  changes found  in SB  64, whereby                                                               
criminals will be able to walk out with higher cost items.                                                                      
                                                                                                                                
2:24:54 PM                                                                                                                    
                                                                                                                                
MS.  MERRILL  said  that,  overall, these  kinds  of  changes  in                                                               
criminal  limits   absolutely  raises   the  cost  of   goods  to                                                               
consumers.  "We  function in capitalist America; we  need to make                                                               
a  profit; we  have shareholders;  we need  to pay  our employees                                                               
good  wages   because  the  communities  we   operate  in  expect                                                               
that...."   When  that  level of  items are  walking  out of  the                                                               
store, it  affects the price  of goods.   She said that  does not                                                               
mean Fred  Meyer will raise  its prices in Alaska;  the [pricing]                                                               
process is  on a  broader scale.   Fred Meyer  is in  business to                                                               
give customers  the best deal, "because  we want them to  come in                                                               
and get it from  us," she stated, "so we don't  want to raise our                                                               
prices unless  we have to."   She  reiterated that the  bill will                                                               
have an effect on consumer prices.                                                                                              
                                                                                                                                
2:26:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX questioned  if the  reason why  Fred Meyer                                                               
would lose  money if  this threshold were  raised is  because the                                                               
police are not going to investigate as much.                                                                                    
                                                                                                                                
2:26:34 PM                                                                                                                    
                                                                                                                                
SCOTT  BRINGHURST, Vice  President, Loss  Prevention, Fred  Meyer                                                               
Stores,  answered that  it is  because the  threat of  punishment                                                               
that  includes incarceration  is gone.   Over  2 percent  of Fred                                                               
Meyer sales  are lost  to theft,  and with  the slim  margins the                                                               
store operates  with, [the losses] will  increase consumer prices                                                               
at some point  in time.  The threat of  the felony prosecution is                                                               
what helps the business, and he  sees many thefts of items valued                                                               
at just under  the $500 threshold.  [The thieves]  truly do learn                                                               
what the  limits are  and they  take advantage  of them.   Often,                                                               
they get  a citation,  and in a  lot of cases  they will  not get                                                               
booked  or  taken   to  the  police  station  for   any  type  of                                                               
fingerprinting  or  identification,  he stated.    The  organized                                                               
groups are the  biggest problem, and they will  take advantage of                                                               
the raised threshold level.                                                                                                     
                                                                                                                                
2:28:34 PM                                                                                                                    
                                                                                                                                
TOM BUTLER,  Colonel, Montana Highway  Patrol, said that  in 2010                                                               
one county in  Montana started the 24/7  [sobriety] pilot program                                                               
for second-offense DUI  [Driving Under the Influence].   In 2011,                                                               
a state-wide bill was passed, which  was updated in 2013 to apply                                                               
to crimes  other than  DUIs.  The  programs include  crimes where                                                               
alcohol was  a nexus  and where the  penalty was  potentially six                                                               
months or  longer.  "We've got  the program rolled out  to almost                                                               
65 percent  of the population in  Montana," and it is  now at the                                                               
point where  the statistics on  recidivism can be analyzed.   For                                                               
the  most part,  the  Montana program  mirrors  the South  Dakota                                                               
program and people  are expecting similar results.   He said that                                                               
in 2013 Montana's alcohol-related  fatalities were down by nearly                                                               
30 percent,  and he is  hoping to  see similar results  for 2014.                                                               
He  noted that  he described  the  program in  detail to  several                                                               
committees and will not take up the time to do so now.                                                                          
                                                                                                                                
2:30:43 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked  if Montana has a limited  license program for                                                               
DUIs.                                                                                                                           
                                                                                                                                
COLONEL BUTLER said  yes, and from his experience of  23 years in                                                               
law enforcement,  he has found that  in order to live  in Montana                                                               
one  must drive  because  of  the geography  and  lack of  public                                                               
transportation.  "We  get into this big black  hole of suspending                                                               
people's driver's  licenses for  nearly everything under  the sun                                                               
and it doesn't do  any good," he stated.  It  can get people into                                                               
problems  with driver's  license  points,  insurance, fines,  and                                                               
ultimately jail,  and there are  some people who can  never climb                                                               
out  of that  hole.   Part  of  the reason  he  was excited  when                                                               
learning about the 24/7 program  is that a person performing well                                                               
under the  program can keep  driving.  He  noted that he  has not                                                               
read the specific amendment to SB  64 that came out today, but he                                                               
encouraged the  committee to look very  hard at it.   He does not                                                               
have  any  statistics  on what  the  suspended  driver's  license                                                               
problem is in Alaska, "but I  would suspect that it is similar to                                                               
Montana."  It is almost  a feel-good issue where everybody thinks                                                               
that by  taking away a  license, the  offenders are not  going to                                                               
drive.  "I'm here to tell you that  that is not the case.  If you                                                               
can  keep  people  sober  with  this  program  and  give  them  a                                                               
restricted  driver's license,  in my  mind you're  doing a  great                                                               
service as far as safety goes for the citizens of Alaska."                                                                      
                                                                                                                                
2:32:25 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked for details  on how the limited license works.                                                               
He asked if it applies to misdemeanor DUIs.                                                                                     
                                                                                                                                
COLONEL BUTLER said  the program in Montana for  DUI [indisc.] is                                                               
for  the second  or  subsequent  offense, and  there  is a  whole                                                               
scheme of  different driver's license suspensions  that are built                                                               
into that  based on  the offense.   But  offenders who  enter the                                                               
24/7 program are allowed to  obtain a restricted driver's license                                                               
to drive to  work or to the doctor, for  example.  Traditionally,                                                               
the state  would suspend  the driver's license  for a  person who                                                               
was convicted of an offense.   He said that [keeping the license]                                                               
is the  carrot for  entering the 24/7  program, and  those people                                                               
would need to drive to work,  the store and other places, so they                                                               
were driving anyway.  The program  is keeping these people out of                                                               
the  criminal justice  system  because they  are  sober and  they                                                               
still have a driver's license, he concluded.                                                                                    
                                                                                                                                
2:34:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said the  language being talked about is                                                               
the alcohol  and substance abuse  monitoring program,  which will                                                               
require offenders to  pay for the twice-a-day testing.   He asked                                                               
about the cost of participating in the program.                                                                                 
                                                                                                                                
COLONEL BUTLER answered that in Montana  the cost is $2 per test,                                                               
which is $4 per day.  The tests  are generally run for 2 hours in                                                               
the morning and 2  hours in the evening.  There  was a portion of                                                               
Montana's legislature  that was very nervous  about the financial                                                               
implications  of the  program on  a defendant.   The  average BAC                                                               
[blood alcohol  concentration] for a  DUI arrest is 0.186,  and a                                                               
200-pound man would have  to spend $11 to $25 to  get to that BAC                                                               
level, and  "we have yet  to see  any sort of  financial problems                                                               
related to  this program  in all the  jurisdictions where  it has                                                               
been rolled  out across the  state."   Other vices are  paired up                                                               
with alcohol use,  and when alcohol is taken away  from people it                                                               
leaves them with more money.                                                                                                    
                                                                                                                                
2:36:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  Alaska  has  large  areas                                                               
without roads so he  is not sure how the program  would work.  He                                                               
gave the  example of  a person  from a village  getting a  DUI in                                                               
Anchorage  and going  back to  the village  where the  person may                                                               
live a subsistence life style.                                                                                                  
                                                                                                                                
2:37:38 PM                                                                                                                    
                                                                                                                                
COLONEL BUTLER said Montana wrote  the law to allow the judiciary                                                               
to determine if the 24/7 program  was a good fit for each person.                                                               
If there  are no roads  and a person does  not have a  car, there                                                               
may not be  a benefit to twice  daily testing.  There  may not be                                                               
enough people  in the village  to warrant a testing  facility, he                                                               
added. He noted that Helena is  the state capital of Montana, and                                                               
82 miles to the  north is a town called Augusta,  which is in the                                                               
same county.   He said there  was no way someone  would be forced                                                               
to drive  that distance twice  a day round  trip.  So,  the state                                                               
chose to  use transdermal alcohol  monitoring or  SCRAM bracelets                                                               
for those people who could not easily access a testing center.                                                                  
                                                                                                                                
2:39:26 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER noted  that  the  language in  SB  64 contains  "if                                                               
practicable" in order to address those situations.                                                                              
                                                                                                                                
CHRIS NETTELS,  President and  Owner, GeoTek  Alaska, said  he is                                                               
concerned with the  felony/misdemeanor threshold in SB  64 and is                                                               
testifying on behalf  of his company and  the National Federation                                                               
of Independent Businesses.  Theft is  wrong and it is a pet peeve                                                               
of his as a business owner.   His company has had numerous thefts                                                               
and attempts at theft,  and it is not just a  young person who is                                                               
impaired   by  drinking-these   are  people   who  come   around,                                                               
particularly  on  a  Saturday  night,   to  industrial  sites  in                                                               
Anchorage and help themselves to whatever  they can get.  He said                                                               
his  company does  a  lot  of work  under  municipal, state,  and                                                               
federal  contracts,  and  the  contracts  are  getting  extremely                                                               
competitive.   He noted that he  just won a $350,000  contract by                                                               
less than $500.                                                                                                                 
                                                                                                                                
2:42:27 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  said  there  are  no  more  speakers,  but  public                                                               
testimony will remain open.                                                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if the Department of  Law still does                                                               
plea bargaining.   If  there were a  low felony  theft threshold,                                                               
would DOL have  the discretion to enter into  plea bargaining for                                                               
first offenders?                                                                                                                
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department of  Law (DOL),  said she                                                               
would  be better  prepared  if  she had  known  the question  was                                                               
coming up.   Certain cases use plea bargaining, but  the state no                                                               
longer does  sentence bargaining  for certain person  crimes, but                                                               
she would like to review the policy, she said.                                                                                  
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  Ms.  Carpeneti  for the  various                                                               
kinds of  bargaining definitions  and the  state's policies.   He                                                               
said he is also confused by  the different types of immunity, and                                                               
he would like that information as well.                                                                                         
                                                                                                                                
MS. CARPENETI said  immunity is not something that the  DOL has a                                                               
policy on, it is the law.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG requested the definition of immunity.                                                                  
                                                                                                                                
CHAIR KELLER set aside SB 64.                                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
HB282 Sponsor Statement.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 ver. N.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Sectional Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB 282 L&C.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.1.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.3.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Amendment P.4.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CS HB282 (L&C) Amendment P.5.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB 282 (L&C) Fiscal Note~DOR.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB 282 Opposition Letter~Mellen Investment Company.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents - Realtor Letter.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Document-Email Kris Abegg 02-24-2014.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Supporting Documents-Letter Cathleen Hahn 03.11.14.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
HB282 Opposition Letter~AK Hotel & Lodging Association.pdf HJUD 3/28/2014 1:00:00 PM
HB 282
CSHB235 verY.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Explanation of Changes.pdf HJUD 3/28/2014 1:00:00 PM
HB 235
CSHB 235 ver Y Section Analysis.pdf HJUD 3/28/2014 1:00:00 PM
HB 235