Legislature(2015 - 2016)SENATE FINANCE 532

04/05/2016 01:30 PM FINANCE

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Audio Topic
01:46:29 PM Start
01:47:01 PM SB91
02:49:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
= SB 207 TEACHERS RETIRE. EMPLOYER CONTRIBUTIONS
<Bill Hearing Canceled>
= SB 208 ELIMINATE AK PERFORMANCE SCHOLARSHIP
<Bill Hearing Canceled>
= SB 209 PERS EMPLOYER CONTRIBUTIONS
<Bill Hearing Canceled>
= SB 210 COMM. REV. SHARING;PROP. TAX EXEMPTIONS
<Bill Hearing Canceled>
                  SENATE FINANCE COMMITTEE                                                                                      
                        April 5, 2016                                                                                           
                          1:46 p.m.                                                                                             
                                                                                                                                
1:46:29 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  MacKinnon   called  the  Senate  Finance   Committee                                                                  
meeting to order at 1:46 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Peter Micciche, Vice-Chair                                                                                              
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
April   Wilkerson,  Director,   Division   of   Administrative                                                                  
Services,   Department   of   Corrections;    Lauree   Morton,                                                                  
Executive Director,  Council on  Domestic Violence  and Sexual                                                                  
Assault, Department of Public Safety.                                                                                           
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Randall  Burns,  Emergency Services  Specialist,  Division  of                                                                  
Behavioral   Health,   Department   of   Health   and   Social                                                                  
Services;  Lt.  David  Hanson,  Alaska  State  Troopers;  John                                                                  
Skidmore,  Director,  Criminal  Division, Department  of  Law;                                                                  
Nancy Meade, General Counsel, Alaska Court System.                                                                              
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 91     OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                             
                                                                                                                                
          SB 91 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
SENATE BILL NO. 91                                                                                                            
                                                                                                                                
     "An  Act  relating  to  protective  orders;  relating  to                                                                  
     conditions   of  release;  relating  to   community  work                                                                  
     service;   relating  to  credit  toward   a  sentence  of                                                                  
     imprisonment   for  certain   persons  under   electronic                                                                  
     monitoring;  relating  to the restoration  under  certain                                                                  
     circumstances  of  an administratively  revoked  driver's                                                                  
     license,  privilege to  drive, or  privilege to obtain  a                                                                  
     license;   allowing   a  reduction   of   penalties   for                                                                  
     offenders    successfully    completing     court-ordered                                                                  
     treatment  programs  for  persons  convicted  of  driving                                                                  
     under  the  influence;   relating  to  termination  of  a                                                                  
     revocation   of   a   driver's   license;   relating   to                                                                  
     restoration  of a driver's  license; relating  to credits                                                                  
     toward   a  sentence  of   imprisonment,  to   good  time                                                                  
     deductions,  and  to  providing   for  earned  good  time                                                                  
     deductions    for    prisoners;     relating    to    the                                                                  
     disqualification   of   persons  convicted   of   certain                                                                  
     felony  drug  offenses  from participation  in  the  food                                                                  
     stamp  and  temporary assistance  programs;  relating  to                                                                  
     probation;  relating to mitigating  factors; relating  to                                                                  
     treatment   programs  for  prisoners;  relating   to  the                                                                  
     duties  of  the  commissioner  of  corrections;  amending                                                                  
     Rules   32   and  35(b),   Alaska   Rules   of   Criminal                                                                  
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
 1:47:01 PM                                                                                                                   
                                                                                                                                
Co-Chair  MacKinnon indicated  that  SB 91  had a  new set  of                                                                  
fiscal  notes that  would  be discussed  during  the  meeting.                                                                  
She  directed attention  to a  spreadsheet  titled "CSSSSB  91                                                                  
(FIN)   Version   F  -   Omnibus   Crime  Law   &   Procedure;                                                                  
Corrections"   dated   04/05/2016    (copy   on   file)   that                                                                  
summarized the fiscal notes.                                                                                                    
                                                                                                                                
1:47:46 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche  noted the  following  zero fiscal  notes                                                                  
from  the Department  of Administration  (DOA):  FN 16  (ADM),                                                                  
allocated  to the Office  of Public  Advocacy, OMB (Office  of                                                                  
Management  and  Budget)  component  number  43; FN  17  (ADM)                                                                  
allocated  to  the  Public  Defender   Agency,  OMB  component                                                                  
number  1631, FN  9 (ADM)  allocated  to Motor  Vehicles,  OMB                                                                  
component number 2348.                                                                                                          
                                                                                                                                
Vice-Chair Micciche turned to the Department of Corrections                                                                     
(DOC)  new   fiscal  note  (COR)   allocated  to   Information                                                                  
Technology MIS,  OMB component number  698. He noted  the $1.5                                                                  
million  one-time appropriation  services cost  in FY  17 with                                                                  
no additional capital costs.                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  asked  why  the  fiscal note  was  not  a                                                                  
capital  request since  the appropriation  was requested  only                                                                  
in FY 17.                                                                                                                       
                                                                                                                                
APRIL   WILKERSON,  DIRECTOR,   DIVISION   OF   ADMINISTRATIVE                                                                  
SERVICES,   DEPARTMENT  OF  CORRECTIONS,   relayed   that  the                                                                  
department  placed the  fiscal note  in  the operating  budget                                                                  
but felt  that, as  a one-time appropriation  it was  possible                                                                  
to attach it to either budget.                                                                                                  
                                                                                                                                
Vice-Chair  Micciche  reported  the  DOC  fiscal  note  FN  19                                                                  
(COR)   allocated  to   Institution   Director's  Office   OMB                                                                  
component number  1381. He noted  that it was the  only fiscal                                                                  
note denoting  General  Fund (GF) savings.  He specified  that                                                                  
in FY  17 the  savings amounted  to $4.543  million, in  FY 18                                                                  
the  savings  amounted  to  $16.446  million,  in  FY  19  the                                                                  
savings  amounted to  $26.713 million,  in FY  20 the  savings                                                                  
amounted  to $24.427 million,  in FY  21 the savings  amounted                                                                  
to  $21.998 million,  and in  FY 22  the  savings amounted  to                                                                  
$19.323 million with no capital costs.                                                                                          
                                                                                                                                
Vice-Chair  Micciche  noted the  zero DOC  fiscal  note FN  20                                                                  
(DOC),  allocated  to  Statewide  Probation  and  Parole,  OMB                                                                  
component number  2826. He spoke  to the new DOC fiscal  note,                                                                  
allocated  to Community  Residential  Centers,  OMB  component                                                                  
number  2244  expending  $2 million  each  year  for  services                                                                  
from FY 17 through FY 22.                                                                                                       
                                                                                                                                
1:52:50 PM                                                                                                                    
                                                                                                                                
Senator Hoffman  asked where the  requested positions  for the                                                                  
Parole Board  were located. Ms.  Wilkerson explained  that the                                                                  
positions for the parole board were all in Anchorage.                                                                           
                                                                                                                                
Co-Chair  MacKinnon  asked  how  the department  had  come  up                                                                  
with the  $2 million  threshold. Ms.  Wilkerson answered  that                                                                  
the  calculation   was  based  on  current  department   staff                                                                  
expenses  for programing  services support  for the  Community                                                                  
Residential  Centers (CRC). The  department would provide  the                                                                  
programing  service  through  a  contract  with the  CRC.  Co-                                                                  
Chair MacKinnon  noticed  that there were  no FTEs  (Full-Time                                                                  
Equivalent)  associated with  the fiscal  note. She asked  for                                                                  
clarification.   Ms.  Wilkerson   clarified   that  the   bill                                                                  
increased  the services  and requirements  for  the CRCs.  The                                                                  
department  was currently not  providing specific  programming                                                                  
for offenders  housed in  the CRCs.  She ascertained  that the                                                                  
services could be provided contractually.                                                                                       
                                                                                                                                
1:55:05 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:56:06 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair  Micciche  discussed  the  DOC fiscal  note  FN  22                                                                  
(COR)  allocated to  the Parole  Board,  OMB component  number                                                                  
695  that  expended  $775.9  thousand  in  FY  17  and  $700.9                                                                  
thousand  in  FY  18 through  FY  22.  He  detailed  that  the                                                                  
allocation  was  for 5  full-time  positions with  no  capital                                                                  
costs.                                                                                                                          
                                                                                                                                
Senator  Hoffman asked  whether  the positions  were based  in                                                                  
Anchorage. Ms. Wilkerson answered in the affirmative.                                                                           
                                                                                                                                
Co-Chair  MacKinnon   asked  whether  the  department   had  a                                                                  
reason why  the positions  were located  in Anchorage  instead                                                                  
of  other   places   throughout  the   state.  Ms.   Wilkerson                                                                  
responded  that the  Anchorage area  was the  location of  the                                                                  
majority of  the parole hearing  activity. Co-Chair  MacKinnon                                                                  
relayed   that   Commissioner   Williams,    (Dean   Williams,                                                                  
Commissioner,  Department  of Corrections)  reported that  the                                                                  
parole activity was centered in a "hub" community.                                                                              
                                                                                                                                
Vice-Chair  Micciche   addressed  the  new  DOC   fiscal  note                                                                  
allocated to  Pre-Trial Services,  OMB component number  3121.                                                                  
The  appropriation  totaled  $3.904  million  in  FY  17  that                                                                  
included  31 full-time positions  and in  FY 18 through  FY 22                                                                  
the  appropriation  totaled  $15.616  million  for  each  year                                                                  
including  125  full-time  additional  positions  in  the  out                                                                  
years with no capital request.                                                                                                  
                                                                                                                                
1:58:54 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:01:35 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair  Micciche  reviewed  the positions  on  the  fiscal                                                                  
note.  The 31  positions  included  (in  the first  year)  one                                                                  
Adult  Probation  Officer  V, three  Adult  Probation  Officer                                                                  
III,  a  supervisor   for  each  regional  office,   24  Adult                                                                  
Probation  Officers  I  and II,  and  three  Criminal  Justice                                                                  
Technicians I and II.                                                                                                           
                                                                                                                                
Co-Chair MacKinnon  stated she would  ask her staff  to create                                                                  
a working  group  to address  the fiscal  note. She  announced                                                                  
that  the DOC  request was  "unacceptable"  and declared  that                                                                  
the  committee  rejected hiring  130  new state  employees  to                                                                  
implement  the  reforms. She  referred  to a  previous  fiscal                                                                  
note that  reported savings possibly  from the elimination  of                                                                  
other  positions  and  she  expected  DOC  to  "redeploy"  the                                                                  
positions  to manage the  risk assessment  tool. She  directed                                                                  
the  committee's  attention  to page  2  of the  fiscal  note,                                                                  
third paragraph:                                                                                                                
                                                                                                                                
     It is anticipated the program will require 125                                                                             
     fulltime positions for (approximately) $16 million…                                                                        
                                                                                                                                
Co-Chair  MacKinnon  relayed that  there  was  an option  that                                                                  
required  95  positions and  reduced  the  fiscal  note by  $4                                                                  
million. She  suggested that  a centralized office  performing                                                                  
the  assessments  might save  resources.  She  wanted to  work                                                                  
with the department to reduce the fiscal note.                                                                                  
                                                                                                                                
Vice-Chair  Micciche   outlined  that  the  out   years  added                                                                  
additional  positions.  Co-Chair  MacKinnon relayed  that  the                                                                  
committee had  asked the commissioner  about the use  of high-                                                                  
level positions  such as  the Adult  Probation Officer  V. She                                                                  
wanted  to  see corresponding  cost  savings  before  spending                                                                  
$15 million on new positions.                                                                                                   
                                                                                                                                
2:05:08 PM                                                                                                                    
                                                                                                                                
Senator  Bishop referred  to page  2 of the  fiscal note,  and                                                                  
referenced  the  "assumptions  that  were  made  to  calculate                                                                  
pre-trial  costs" and asked  whether the  costs were  based on                                                                  
a  nationwide industry  standard.  Ms. Wilkerson  answered  in                                                                  
the   affirmative.   She   explained   that  the   state   had                                                                  
approximately  32 thousand individuals  processed through  the                                                                  
court  system.  She noted  that  other states  experienced  70                                                                  
percent  of  the court  population  placed  in  the  pre-trial                                                                  
services program.                                                                                                               
                                                                                                                                
Co-Chair  MacKinnon interjected  that  the bill  would be  set                                                                  
aside while the fiscal notes were being reconsidered.                                                                           
                                                                                                                                
Vice-Chair  Micciche moved  to the  Department  of Health  and                                                                  
Social  Services (DHSS)  fiscal note  allocated to  Behavioral                                                                  
Health  Treatment and  Recovery Grants,  OMB component  number                                                                  
3099 in  the amount of  $2.5 million in  FY 17 and $3  million                                                                  
from  FY 18  through FY  22. He  stated that  "the grants  and                                                                  
benefits  would be provided  to the  existing re-entry  center                                                                  
and  to community  re-entry  coalitions  to expand  access  to                                                                  
treatment and support services."                                                                                                
                                                                                                                                
Senator  Dunleavy asked  whether  any additional  funding  was                                                                  
anticipated  from   the  federal  government   for  behavioral                                                                  
health  and substance  abuse and  wondered  whether the  money                                                                  
was  considered   for  reform  purposes.  Co-Chair   MacKinnon                                                                  
stated that  the question would  addressed by the  fiscal note                                                                  
working group.                                                                                                                  
                                                                                                                                
2:08:14 PM                                                                                                                    
                                                                                                                                
RANDALL  BURNS,  EMERGENCY SERVICES  SPECIALIST,  DIVISION  OF                                                                  
BEHAVIORAL  HEALTH, DEPARTMENT OF  HEALTH AND SOCIAL  SERVICES                                                                  
(via   teleconference),   addressed   the  fiscal   note.   He                                                                  
explained  that the reinvestment  efforts were  "recalculated"                                                                  
and  the  governor's  office  "suggested"  that  $2.5  million                                                                  
would  be available  for the  Division  of Behavioral  Health.                                                                  
The   department   examined   other   reentry   programs   and                                                                  
calculated what  it would cost  to establish a funding  stream                                                                  
for inmates  returning  to their communities;  to assist  with                                                                  
housing,  employment   and  social  supports.   He  based  the                                                                  
fiscal  note  on a  variety  of support  services  that  local                                                                  
reentry  coordinators could  choose from  to help support  the                                                                  
inmates upon release.                                                                                                           
                                                                                                                                
Co-Chair MacKinnon  stated that  when the committee  worked on                                                                  
SB 74 (MEDICAID  REFORM; TELEMEDICINE; DRUG  DATABASE) [CHAPTER                                                                 
25 SLA 16  - 06/21/2016] they  redeployed money to  behavioral                                                                  
health services  and often matching  money was available.  She                                                                  
wondered  whether  matching   funds  were  available  for  the                                                                  
items  in the fiscal  note.  Mr. Burns  thought that  matching                                                                  
funds were  available and  he was working  on what items  were                                                                  
reimbursable.  Co-Chair MacKinnon  pointed to the "net  spend"                                                                  
of  $8.735.3  million  and  asked  him  to  look  for  further                                                                  
reductions.   She  invited him  to participate  in the  fiscal                                                                  
note working  group. Mr. Burns  agreed to participate  and re-                                                                  
examine the fiscal note.                                                                                                        
                                                                                                                                
Senator  Olson compared  DHSS the  fiscal note  to the  fiscal                                                                  
note from  DOC for CRCs behavioral  disorders amounting  to $2                                                                  
million  and  wondered  about  duplication  of  services.  Mr.                                                                  
Burns  did   not  believe  the   department  was   duplicating                                                                  
services. He  revealed that the  program in question  was well                                                                  
established   and   identified   the  variety   of   resources                                                                  
available  for the  specific program.  He  offered to  examine                                                                  
the fiscal notes with DOC.                                                                                                      
                                                                                                                                
2:13:47 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon referred  to page  2, paragraph  4 of  the                                                                  
fiscal  note  and  noted  that  that  analysis  spoke  to  the                                                                  
division's   assistance   in   planning    community   reentry                                                                  
centers.  She   wondered  whether  the  state   had  paid  for                                                                  
planning  services for  the one  reentry  center currently  in                                                                  
operation.  Mr.  Burns answered  in  the negative.  He  stated                                                                  
that  the  goal of  the  bill  was to  reduce  recidivism.  He                                                                  
clarified  that  beside the  reentry  center in  operation  in                                                                  
Anchorage,  there were coordinators  in other communities  and                                                                  
the  division  hoped  to expand  the  capacity  of  the  other                                                                  
reentry programs.  Co-Chair MacKinnon  requested that  he look                                                                  
for other federal reentry grant funding.                                                                                        
                                                                                                                                
Vice-Chair  Micciche  discussed   the  new  DHSS  fiscal  note                                                                  
allocated  to the  Alcohol Safety  Action  Program (ASAP)  OMB                                                                  
component  number  305.  He  revealed  that  the  fiscal  note                                                                  
appropriated  $30.3 thousand  in FY 17  and $29.2 thousand  in                                                                  
FY  18  through   FY  22.  He  noted  that  the   funding  was                                                                  
specifically  for manuals and  trainings. Vice-Chair  Micciche                                                                  
asked  about the  assumptions  on page  2 of  the fiscal  note                                                                  
that  reported the  ASAP office  received 3,969  new cases  in                                                                  
FY  15  and  the  private  grantee  offices  received  another                                                                  
3,079 new  adult cases in  FY 15. He  read the following  from                                                                  
the analysis:                                                                                                                   
                                                                                                                                
     … with  the referral criteria  limited by newly  proposed                                                                  
     statute    and   the   development   of    administrative                                                                  
     regulations  there should  be closer  to 4,000  referrals                                                                  
     per year total…                                                                                                            
                                                                                                                                
Vice-Chair  Micciche  wondered   why  the  division  requested                                                                  
increased  funds when  the number  appeared to  be reduced  by                                                                  
40 percent  in overall  referrals. Mr.  Piper stated  that the                                                                  
assumption  was based  on a  "re-tooling" of  how the  Alcohol                                                                  
Safety Action  Program (ASAP) office  operated. He  noted that                                                                  
the  bill mandated  that  the office  perform  more than  just                                                                  
screening  for  substance abuse.  The  bill required  ASAP  to                                                                  
screen for  "criminogenic  risk needs"  and monitor high  risk                                                                  
individuals  more closely,  which  required  new training  for                                                                  
all staff in all offices.                                                                                                       
                                                                                                                                
Co-Chair  MacKinnon was  concerned  about Mr.  Piper's use  of                                                                  
the  phrase  "high risk."  She  recounted  a  discussion  with                                                                  
Commissioner  Williams   about  the  "high  risk"  label  that                                                                  
referred  to a higher  monitoring  level but  not a high  risk                                                                  
to  public   safety.  She  asked   for  comments.   Mr.  Piper                                                                  
clarified  that when  he used the  phrase "high  risk" he  was                                                                  
referring  to individuals  that were  at a  "higher risk"  for                                                                  
not  completing  the requirements  and  possibly  reoffending.                                                                  
Co-Chair MacKinnon  wanted to  confirm her understanding  that                                                                  
the  label did  not mean  a  higher risk  to  the public.  Mr.                                                                  
Piper confirmed her understanding.                                                                                              
                                                                                                                                
2:18:57 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche mentioned  the zero  DHSS fiscal  note FN                                                                  
27  (DHS)  allocated  to  Probation  Services,  OMB  component                                                                  
number 2134 with no capital expenditure.                                                                                        
                                                                                                                                
Vice-Chair  Micciche  reviewed  the Department  of  Law  (DOL)                                                                  
fiscal  note allocated  to  Criminal Justice  Litigation,  OMB                                                                  
component  number 2202 that  was indeterminate  from FY  17 to                                                                  
FY 22.  He relayed  that the  following from  the fiscal  note                                                                  
analysis:                                                                                                                       
                                                                                                                                
     The  Department of  Law anticipates  an  increase in  the                                                                  
     number  of trials as  well as an  increase in the  amount                                                                  
     of   work  required   for  misdemeanors   due  to   these                                                                  
     changes.                                                                                                                   
                                                                                                                                
     …  Another new  requirement  is a  risk  assessment by  a                                                                  
     pretrial  services officer.  That  assessment along  with                                                                  
     recommendations   on  conditions   of  release   must  be                                                                  
     presented   to  the   judge,  prosecutor,   and   defense                                                                  
     attorney  before  each  person is  arraigned.  How  those                                                                  
     assessments  are conducted,  interpreted and applied  may                                                                  
     result in new litigation.                                                                                                  
                                                                                                                                
     Because  inability  to pay  would be  an allowable  basis                                                                  
     for  requesting  a  bail  review   hearing,  bail  review                                                                  
     hearings  will be available  to a larger group  of people                                                                  
     and  may  result  in  an  increase  in  hearings.  It  is                                                                  
     unclear  exactly how many more  hearings or how  much new                                                                  
     litigation  will result from  these sections.  Therefore,                                                                  
     the department is unable to quantify the impact of                                                                         
     these sections at this time.                                                                                               
                                                                                                                                
Co-Chair  MacKinnon  wanted feedback  from  committee  members                                                                  
on the fiscal  note, and noted  that the department  could not                                                                  
quantify the  cost. She had seen  other committee  chairs zero                                                                  
out indeterminate fiscal notes.                                                                                                 
                                                                                                                                
Vice-Chair  Micciche clarified that  there were five  sections                                                                  
in  the fiscal  note analysis,  the  first  two; Reduction  in                                                                  
Sentence  Length and Bail  Reform he  previously referred  to.                                                                  
The  department  also  spoke  to  Capping   Time  Imposed  for                                                                  
Technical   Violations  of  Probation,   Drug  Offenses,   and                                                                  
Suspended  Entry  of  Judgement  that  did  not  anticipate  a                                                                  
fiscal impact.  He suggested requesting  an expected  range of                                                                  
costs estimated  by DOL.  Co-Chair MacKinnon  agreed with  the                                                                  
Vice-Chair's  assessment  and voiced  that  she would  discuss                                                                  
the fiscal note with the working group.                                                                                         
                                                                                                                                
Vice-Chair Micciche  noted the  new zero Department  of Public                                                                  
Safety  fiscal   note  allocated   to  Alaska  State   Trooper                                                                  
Detachments,  OMB  component   number  2325  with  no  capital                                                                  
costs.                                                                                                                          
                                                                                                                                
LT.    DAVID    HANSON,    ALASKA    STATE    TROOPERS    (via                                                                  
teleconference),  confirmed that  the troopers did  not expect                                                                  
any additional fiscal impact from the legislation.                                                                              
                                                                                                                                
2:22:58 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon asked  whether Mr.  Skidmore had  comments                                                                  
about  the   department's   fiscal  note   and  if  he   would                                                                  
participate in the working group.                                                                                               
                                                                                                                                
JOHN  SKIDMORE,  DIRECTOR, CRIMINAL  DIVISION,  DEPARTMENT  OF                                                                  
LAW (via  teleconference), voiced  that his preference  was to                                                                  
provide  figures for  any anticipated  fiscal  impact but  the                                                                  
impact  was  unknown.  He  shared that  he  had  directed  the                                                                  
fiscal note  to be indeterminate  because he was truly  unable                                                                  
to  calculate  impacts.  He  was happy  to  participate  in  a                                                                  
working  group. Co-Chair  MacKinnon thanked  Mr. Skidmore  and                                                                  
indicated  that he  had done  what he  could do  on behalf  of                                                                  
the department  and the committee's  approach was to  zero out                                                                  
any currently unknown costs.                                                                                                    
                                                                                                                                
Vice-Chair  Micciche   discussed  the  new  DPS   fiscal  note                                                                  
allocated  to the  Council  on  Domestic Violence  and  Sexual                                                                  
Assault,  OMB   component  number  521.  He  noted   that  the                                                                  
appropriation  was $2.5 million  in FY  17 which included  one                                                                  
full-time position  and increased  to $3 million per  year for                                                                  
services, grants,  and benefits from  FY 18 through FY  22. He                                                                  
summarized the second page of the fiscal note as follows:                                                                       
                                                                                                                                
     Section  163 of this bill  implements reforms  identified                                                                  
     and   recommended   by  the   Alaska   Criminal   Justice                                                                  
     Commission  (ACJC)  in its  Justice  Reinvestment  Report                                                                  
     by  adding uncodified  language  instructing the  Council                                                                  
     on  Domestic  Violence  and  Sexual  Assault  (CDVSA)  to                                                                  
     create  or  expand  community-based  violence  prevention                                                                  
     programming   and  services   for  victims  of   a  crime                                                                  
     involving domestic violence or sexual assault….                                                                            
                                                                                                                                
     …Funds  will  be used  to  support local  communities  in                                                                  
     expanding  readiness  to  implement  prevention  services                                                                  
     most applicable to their own community….                                                                                   
                                                                                                                                
     Another  priority of the  victim service roundtables  was                                                                  
     to  provide  sexual  assault forensic  exams  to  victims                                                                  
     through  community  health  aides  and/or  public  health                                                                  
     nurses.  CDVSA   will  bring  together  a   workgroup  of                                                                  
     stakeholders   including    victim   service   providers,                                                                  
     health   aides,   tribal   health   consortiums,   public                                                                  
     health,  law enforcement  and law  to address this  issue                                                                  
     and prepare a plan for implementation by FY18.                                                                             
                                                                                                                                
     One  Program Coordinator  I  position would  be added  to                                                                  
     the  staff  to  ensure a  robust  implementation  of  the                                                                  
     projects   with  appropriate  technical   assistance  and                                                                  
     monitoring of grant funds.                                                                                                 
                                                                                                                                
2:26:15 PM                                                                                                                    
                                                                                                                                
Senator  Dunleavy asked  whether the  programs were  research-                                                                  
based.  Co-Chair  MacKinnon  replied in  the  affirmative.  HE                                                                  
restated  his  question  about  the  programs  listed  on  the                                                                  
second  page  of   the  fiscal  note  analysis   and  wondered                                                                  
whether all of them were research based.                                                                                        
                                                                                                                                
LAUREE  MORTON,   EXECUTIVE  DIRECTOR,  COUNCIL   ON  DOMESTIC                                                                  
VIOLENCE  AND SEXUAL  ASSAULT,  DEPARTMENT  OF PUBLIC  SAFETY,                                                                  
discussed the  programs in question.  She shared that  the two                                                                  
programs; COMPASS  and Talk Now  Talk Often were  developed in                                                                  
the  state and  the  council was  currently  evaluating  them.                                                                  
The programs  were  only in operation  for  two years and  the                                                                  
research  was  not  yet  available.  She  confirmed  that  the                                                                  
other  listed  programs  were  all  evidenced  based.  Senator                                                                  
Dunleavy  asked  whether any  of  the programs  were  destined                                                                  
for use  the schools.  Ms.  Morton stated  that some  programs                                                                  
such  as Coaching  Boys into  Men and  Girls on  the Run  were                                                                  
used school facilities.                                                                                                         
                                                                                                                                
Senator  Bishop  asked  how  many  additional  communities  or                                                                  
individuals  the  programs  would  serve  for  the  additional                                                                  
funding. Ms. Morton agreed to provide the information.                                                                          
                                                                                                                                
Co-Chair MacKinnon  communicated to  Ms. Morton that  the cost                                                                  
savings  anticipated  by the  sponsor  were falling  short  of                                                                  
the reinvestment  needed  and requested  that she  participate                                                                  
in the working group.                                                                                                           
                                                                                                                                
Vice-Chair  Micciche   presented  the  zero  Judiciary   (JUD)                                                                  
fiscal  note  FN  32 (CRT)  allocated  to  Trial  Courts,  OMB                                                                  
component number 768, with no capital expense.                                                                                  
                                                                                                                                
2:30:24 PM                                                                                                                    
                                                                                                                                
Co-Chair   MacKinnon   asked    whether   the   Court   System                                                                  
anticipated any savings from the legislation.                                                                                   
                                                                                                                                
NANCY  MEADE,  GENERAL  COUNSEL,   ALASKA  COURT  SYSTEM  (via                                                                  
teleconference),   did  not   anticipate   any  savings.   She                                                                  
commented  that  the  bill  contained   some  provisions  that                                                                  
potentially  decreased its caseload  and some provisions  that                                                                  
increased  the  caseload.   She  specified  that  the  use  of                                                                  
citations  in lieu of  arrest did not  change the caseload  it                                                                  
only  changed the  way a  case began.  She  thought some  drug                                                                  
offenses could  move down to  misdemeanors and could  possibly                                                                  
create   marginal   savings.   She   anticipated   more   bail                                                                  
hearings,   petitions  to  revoke   probation  hearings,   and                                                                  
misdemeanor  trials and  hearings. She  reported that  overall                                                                  
the  Court System  had  determined that  they  would not  lose                                                                  
staff due  to decreases  or need additional  resources  due to                                                                  
increases. She considered the outcome a "wash."                                                                                 
                                                                                                                                
Senator   Bishop   was   curious   whether   Judiciary   (JUD)                                                                  
estimated  the amount  of time  necessary to  develop the  new                                                                  
Pre-Trial  procedures  in  cooperation  with  DOC.  Ms.  Meade                                                                  
stated  that the  programs  had a  delayed  effective date  of                                                                  
approximately  one and a half  years. She furthered  that most                                                                  
of the  initial work  was DOCs  and the  Judiciary would  work                                                                  
closely with the department on regulations and logistics.                                                                       
Vice-Chair  Micciche discussed the  JUD fiscal note  allocated                                                                  
to  the Judicial  Council,  OMB  component number  771,  which                                                                  
requested $67.9  thousand in FY  17 in addition to  the amount                                                                  
included  in the governor's  FY 17 budget  of $193.8  thousand                                                                  
totaling  $261.7  thousand  and   continued  through  the  out                                                                  
years to  FY 21. The  fiscal note included  a full-time  and a                                                                  
part-time  position.  He  read from  the  third  paragraph  on                                                                  
page 2 of the fiscal note:                                                                                                      
                                                                                                                                
     The  Council  anticipates   that  it  could  continue  to                                                                  
     support    the   commission's    work   with    the   new                                                                  
     requirements by slightly                                                                                                   
     Increasing  the  existing  staffing level,  beginning  in                                                                  
     FY17.  The  request  is  to  increase  the  existing  30-                                                                  
     hour/week   attorney   position   to  full   time   (37.5                                                                  
     hours/week);  to add  9 hours  per week  to the  research                                                                  
     analyst's  time  (increasing the  hours  from 20/week  to                                                                  
     29/week);   and   to   add   7.5  hours   per   week   of                                                                  
     administrative support….                                                                                                   
                                                                                                                                
2:35:25 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:35:41 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  MacKinnon  explained   the  reason  for  the  fiscal                                                                  
note.  She related  that the  sponsor wanted  to continue  the                                                                  
work  of the  commission  in  the areas  of  reinvestment  and                                                                  
public  safety.  The  commission  would monitor  DOC  and  the                                                                  
other  agencies during  the  process of  implementing  changes                                                                  
in the criminal justice system.                                                                                                 
                                                                                                                                
Vice-Chair  Micciche  continued to  read  from page  2 of  the                                                                  
fiscal note:                                                                                                                    
                                                                                                                                
     …  A full-time  attorney  is needed  to  be a  consistent                                                                  
     liaison  between the  commissioners,  policy makers,  and                                                                  
     the  public, to  guide the  work of  the commission,  and                                                                  
     to  provide   information  to  state  policy   makers  as                                                                  
     requested….                                                                                                                
                                                                                                                                
     …The  Council  will need  to rent  office  space for  the                                                                  
     Research  Analyst  ($29,000 year),  and  parking for  two                                                                  
     employees ($1,800 per year)….                                                                                              
                                                                                                                                
Co-Chair MacKinnon  remarked that  the cost for rent  could be                                                                  
cut.                                                                                                                            
                                                                                                                                
Vice-Chair  Micciche  reviewed  the agency  totals  listed  on                                                                  
the spreadsheet.  He relayed that  the DOC total  was $3.637.1                                                                  
million in  FY 17 with  the addition of  36 positions.  The FY                                                                  
18 total  was  $1.871.6 million  with 130  positions.  Savings                                                                  
were  demonstrated  from  FY 19  through  FY  22 in  order  as                                                                  
follows;  $8.4 million,  $6.1 million,  $3.6  million, and  $1                                                                  
million with 130 new positions added each year.                                                                                 
                                                                                                                                
Co-Chair  MacKinnon  referred   to the  commission's   finding                                                                  
that  the state  needed a  new prison  facility  by 2019.  She                                                                  
could  not  recall  the  cost.  Vice-Chair  Micciche  recalled                                                                  
that  the  cost  was  approximately  $150   million.  Co-Chair                                                                  
MacKinnon  believed   that  the   sponsor  of  the   bill  had                                                                  
indicated   that  with  the   implementation  of   corrections                                                                  
reform, the  new facility  was not necessary  and some  prison                                                                  
facilities   would  close  by   FY  19.  Vice-Chair   Micciche                                                                  
thought it  was anomalous that  the savings were  increasingly                                                                  
diminished  if  the former  statement  was  correct.  Co-Chair                                                                  
MacKinnon  stated she  would follow  up with  the fiscal  note                                                                  
working group  to attempt to quantify  the costs to  the state                                                                  
that  would  be a  one-time  expense  with  ongoing  operating                                                                  
expenses.   She  communicated  that   other  members   of  the                                                                  
legislature  wanted  a  comparison  of the  costs  of  housing                                                                  
inmates out of state versus reforms.                                                                                            
                                                                                                                                
2:40:46 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche  thought there  were segments of  the bill                                                                  
that  were  difficult  to quantify,  such  as  state  agencies                                                                  
that  were  supporting   the  families  of  those   that  were                                                                  
incarcerated.  He supported  the  efforts to  "tighten up  the                                                                  
fiscal  notes."   Co-Chair  MacKinnon  offered   that  he  was                                                                  
welcome to join the working group discussions.                                                                                  
                                                                                                                                
Senator  Dunleavy suggested  looking  for  the possibility  of                                                                  
fund  sources  other than  UGF  (Undesignated  General  Funds)                                                                  
and ensuring reform programs were research based.                                                                               
                                                                                                                                
Vice-Chair  Micciche addressed  the DHSS  fiscal note  totals.                                                                  
He reported  that in the  area of behavioral  health in  FY 17                                                                  
the  total was  $2.530.3  million  and increased  to  $3.029.2                                                                  
million in FY 18 through FY 22.                                                                                                 
                                                                                                                                
2:42:31 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:43:22 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair  Micciche  clarified  the DHSS  figures.  He  noted                                                                  
that in  FY 17 the  behavioral health  total was $2.5  million                                                                  
and  $30.3 thousand  for ASAP  totaling  $2.530.3 million.  In                                                                  
the  out  years,  FY  18  through   FY  22  the  increase  for                                                                  
behavioral  health   was  $500  thousand  and   ASAP  expenses                                                                  
decreased  to  $29.2  thousand.  In  addition,  no  additional                                                                  
FTEs were associated with the appropriations.                                                                                   
                                                                                                                                
Vice-Chair  Micciche  addressed the  summary  of fiscal  notes                                                                  
from  the Department  of Law  that was  indeterminate with  no                                                                  
additional  FTEs. He  turned to  the summary  of fiscal  notes                                                                  
from DPS  that totaled  $2.5 million  in FY  17 for the  CDVSA                                                                  
that  increased to  $3 million  in FY  18 through  FY 22  with                                                                  
one  position added  to CDVSA  from FY  17 through  FY 22.  He                                                                  
added  that  no additional  expense  was  designated  for  the                                                                  
State Trooper  Detachments.  He addressed  the JUD summary  of                                                                  
fiscal  notes, which  reported  a $193.8  thousand  governor's                                                                  
request  for the Judicial  Council  in FY 17  which was  added                                                                  
to  the $67.9  request for  a total  of  $261.7 thousand.  The                                                                  
figure  continued through  FY 21  and was  zero in  FY 22.  He                                                                  
drew attention  to the  total for all  funds that amounted  to                                                                  
$8.9 million  in FY 17  and $8.1 million  in FY 18,  a savings                                                                  
of $2.1 million  in FY 19, $181.6  thousand request in  FY 20,                                                                  
in FY  21 the total was  $2.7 million and  in FY 22  the total                                                                  
was $5 million.  He reported the  position counts. In  FY 17 a                                                                  
total of 38  positions was reported  in FY 17, a total  of 132                                                                  
positions  in FY 18  through FY 21,  and in  FY 22 a  total of                                                                  
131 positions were anticipated.                                                                                                 
                                                                                                                                
SB  91   was  HEARD   and  HELD  in   committee  for   further                                                                  
consideration.                                                                                                                  
                                                                                                                                
Co-Chair MacKinnon  discussed the  schedule for the  remainder                                                                  
of the day.                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:49:24 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:49 p.m.                                                                                          

Document Name Date/Time Subjects
SB 91 Omnibus Crime Bill Fiscal Note Summary CS SS SB91(FIN) Version F 4-5(2).pdf SFIN 4/5/2016 1:30:00 PM
SB 91