Legislature(2017 - 2018)SENATE FINANCE 532

03/28/2017 09:00 AM FINANCE

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SENATE BILL NO. 55                                                                                                            
     "An  Act  relating  to   criminal  law  and  procedure;                                                                    
     relating   to   controlled  substances;   relating   to                                                                    
     sentencing;  relating  to   the  period  of  probation;                                                                    
     relating   to   revocation,  termination,   suspension,                                                                    
     cancellation,  or restoration  of  a driver's  license;                                                                    
     relating  to  parole; relating  to  the  duties of  the                                                                    
     Department of Corrections and  the Department of Health                                                                    
     and  Social Services;  and providing  for an  effective                                                                    
9:54:01 AM                                                                                                                    
Senator Coghill offered a sponsor statement for SB 55:                                                                          
     Senate  Bill  55  makes   technical  revisions  to  the                                                                    
     criminal   justice  reform   package   passed  by   the                                                                    
     legislature in  2016, pursuant to  recommendations made                                                                    
     by  the Alaska  Criminal Justice  Commission. Technical                                                                    
     revisions are necessary to  provide clarity and improve                                                                    
9:54:58 AM                                                                                                                    
Mr. Shilling reviewed the document "Senate Bill 55                                                                              
Sectional Summary - Omnibus Crime/Corrections":                                                                                 
     Section 1                                                                                                              
     AS 11.46.280(d) - Issuing a bad check.                                                                                     
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
     Section 2                                                                                                              
     AS 11.46.285(b) - Fraudulent use of an access device.                                                                      
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
     Section 3                                                                                                              
     AS 11.46.730(c) - Defrauding creditors.                                                                                    
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
     Section 4                                                                                                              
     AS  11.71.050(a)  -   Misconduct  involving  controlled                                                                    
     substances in the fourth degree                                                                                            
     Eliminates penalty overlap for  possession of less than                                                                    
     an  ounce of  a VIA  controlled substance  and excludes                                                                    
     two  forms   of  felony  possession  of   a  controlled                                                                    
     substance from  the offense  of misconduct  involving a                                                                    
     controlled substance  in the fourth degree,  to conform                                                                    
     to MICS 2 and 3.                                                                                                           
     Section 5                                                                                                              
     AS 12.55.011(b)  - Victim and community  involvement in                                                                    
     Clarifies that  the court shall  only provide  the form                                                                    
     to the victim if practicable.                                                                                              
     Section 6                                                                                                              
    AS 12.55.015(a) - Authorized sentences; forfeiture.                                                                         
     Provides explicit authority to  the court to suspend an                                                                    
     entry of judgment.                                                                                                         
     Section 7                                                                                                              
     AS 12.55.045(l) - Restitution and compensation.                                                                            
     Ensures that a restitution  order is not discharged and                                                                    
     remains  enforceable  when  a proceeding  is  dismissed                                                                    
     under a suspended entry of judgment.                                                                                       
9:56:57 AM                                                                                                                    
Mr. Shilling continued to discuss the Sectional Summary:                                                                        
     Section 8                                                                                                              
     AS 12.55.078(a) - Suspended entry of judgment.                                                                             
     Clarifies that the  court may not impose  a sentence of                                                                    
     imprisonment in a suspended entry of judgment.                                                                             
     Section 9                                                                                                              
     AS 12.55.078(d) - Suspended entry of judgment.                                                                             
     Clarifies when  the court  shall discharge  and dismiss                                                                    
     proceedings  in  a  suspended  entry  of  judgment  and                                                                    
     clarifies that a person  who has successfully completed                                                                    
     probation and the requirements of  a suspended entry of                                                                    
     judgment is not convicted of a crime.                                                                                      
     Section 10                                                                                                             
     AS 12.55.078(f) - Suspended entry of judgment.                                                                             
     Clarifies  that the  crimes for  which SEJ  may not  be                                                                    
     used  are  the  crimes  currently  charged,  not  prior                                                                    
     Section 11                                                                                                             
     AS 12.55.090(c) - Granting of probation                                                                                    
     Clarifies that the maximum probation  term for a felony                                                                    
     sex offense  is 15 years, while  all other unclassified                                                                    
    felonies have a maximum probation term of 10 years.                                                                         
     Section 12                                                                                                             
     AS  18.65.865(b)  -  Service   of  process;  forms  for                                                                    
     petitions  and  orders; fees;  warnings;  notification;                                                                    
     and pending civil or criminal actions.                                                                                     
     Updates  the maximum  fine that  may  be imposed  under                                                                    
     this section to  conform to an increase  in the maximum                                                                    
     fine for a class A misdemeanor.                                                                                            
     Section 13                                                                                                             
     AS 18.66.130(d) - Specific protective orders.                                                                              
     Updates  the maximum  fine that  may  be imposed  under                                                                    
     this section to  conform to an increase  in the maximum                                                                    
     fine for a class A misdemeanor.                                                                                            
     Section 14                                                                                                             
     AS  28.15.165(e)   -  Administrative   revocations  and                                                                    
     disqualifications  resulting   from  chemical  sobriety                                                                    
     tests and refusals to submit to tests.                                                                                     
     Clarifies   that   the   dismissal  of   all   charges,                                                                    
     regardless   of   prejudice,   serves   to   meet   the                                                                    
     requirement of this section.                                                                                               
     Section 15                                                                                                             
     AS 44.19.645(g) - Powers and duties of the commission                                                                      
     Requires  the  Department   of  Corrections  to  report                                                                    
     certain data to the  Alaska Criminal Justice Commission                                                                    
     regarding earned compliance credits for parolees.                                                                          
     Section 16                                                                                                             
     AS 47.37.040 - Duties of the department.                                                                                   
     Authorizes the Alcohol Safety  Action Program to accept                                                                    
     referrals     from     the      court     for     minor                                                                    
     consuming/possession and similar offenses.                                                                                 
     Section 17                                                                                                             
     AS  33.16.120(h)   -  Rights  of  certain   victims  in                                                                    
     connection with parole.                                                                                                    
     Resolves a drafting error  that requires the Department                                                                    
     of  Corrections to  provide notifications  for hearings                                                                    
     that will not occur.                                                                                                       
     Section 18                                                                                                             
     Uncodified law - applicability                                                                                             
     This section contains applicability provisions.                                                                            
     Section 19                                                                                                             
     Uncodified law - applicability                                                                                             
     This   section    contains   applicability   provisions                                                                    
     clarifying  that  no decisions  made  by  the Board  of                                                                    
     Parole  prior  to January  1,  2017  that extended  the                                                                    
     period of  supervision beyond the maximum  release date                                                                    
     are to  be construed as  invalidated by the  passage of                                                                    
     SB 91 (2016).                                                                                                              
     There   is  further   clarification  that   the  earned                                                                    
     compliance credit  for parolees does not  apply to time                                                                    
     served prior to January 1, 2017.                                                                                           
     Section 20                                                                                                             
     Uncodified law - effective date                                                                                            
     This bill takes effect immediately.                                                                                        
9:59:43 AM                                                                                                                    
Senator  von  Imhof  asked  about  Section  5  and  wondered                                                                    
whether the section  referred to the form  being provided to                                                                    
victims  at  the beginning  of  the  sentencing process,  or                                                                    
anytime during the process.                                                                                                     
Mr.  Shilling assumed  that the  provision pertained  to the                                                                    
time the sentence was imposed.                                                                                                  
Senator   von  Imhof   understood   that   there  could   be                                                                    
circumstances  where  it  would   be  difficult  to  contact                                                                    
victims  for  notification.  She  wondered  how  a  victim's                                                                    
constitutional right to know about  changes in an offender's                                                                    
status would be upheld.                                                                                                         
Mr. Shilling agreed  that a victim did have the  right to be                                                                    
appraised of the  status of their offender.  He informed the                                                                    
committee the  Department of Corrections did  notify victims                                                                    
of a  change in offender  custody status through  the Victim                                                                    
Information  and  Notification   Everyday  (VINE)  automated                                                                    
system. He clarified that the  section in question was a new                                                                    
requirement under  SB 91 for  the court to provide  the form                                                                    
if practicable. He  believed that the language  was meant to                                                                    
accommodate for the  fact that many victims did  not show up                                                                    
to, or be any part of,  sentencing hearings. He said that it                                                                    
was not  the primary  function of the  court system  to keep                                                                    
contact information  for victims,  which made  providing the                                                                    
form a challenge.                                                                                                               
10:03:42 AM                                                                                                                   
Senator  Micciche referred  to Section  4, and  relayed that                                                                    
there had been  complaints in his community  of the increase                                                                    
in drug  related crime, which  he understood had  begun long                                                                    
before  the passage  of  SB  91. He  noted  that  SB 91  was                                                                    
designed to rely on treatment  and reinvestment but wondered                                                                    
how a  person possessing a controlled  substance could stand                                                                    
before  a  judge and  be  offered  treatment, without  first                                                                    
being arrested.                                                                                                                 
Mr. Shilling explained  that SB 91 did not  prevent a person                                                                    
from  being  charged  or   convicted  for  misdemeanor  drug                                                                    
possession.  He   furthered  active  imprisonment   was  not                                                                    
necessary  for  the  court  to  impose  a  requirement  that                                                                    
someone  go   to  treatment.  He   added  that   there  were                                                                    
mechanisms in place  that allowed the court  to require that                                                                    
someone  get treatment  and have  consequences  if they  did                                                                    
not.  He  said  that   research  had  shown  that  enhancing                                                                    
criminal penalties  was not an  effective way  of addressing                                                                    
drug epidemics.                                                                                                                 
10:05:39 AM                                                                                                                   
Senator Micciche  clarified his  statement as being  about a                                                                    
plan of  action for  dealing with the  drug epidemic  in the                                                                    
state.  He  stated  that  people  being  caught  with  small                                                                    
quantities of  drugs should be offered  treatment because it                                                                    
was only  a matter of  time before  they turned to  crime to                                                                    
support their addiction.                                                                                                        
10:06:49 AM                                                                                                                   
Co-Chair MacKinnon solicited further questions.                                                                                 
Vice-Chair  Bishop discussed  the  fiscal notes  for SB  55.                                                                    
There  was  a  new  fiscal  note  from  the  Judiciary  (OMB                                                                    
component 768),  which was a  zero-fiscal note.  He reviewed                                                                    
additional  zero fiscal  notes: FN1  from the  Department of                                                                    
Public Safety, FN  2 from the Department  of Corrections, FN                                                                    
3  from the  Department  of Administration,  FN  4 from  the                                                                    
Department  of Health  and Social  Services, FN  5 from  the                                                                    
Department of  Administration, FN  6 from the  Department of                                                                    
Administration, and FN 7 from the Department of Law.                                                                            
SB 55 was HEARD and HELD in committee for further                                                                               
Co-Chair MacKinnon discussed housekeeping.                                                                                      

Document Name Date/Time Subjects
SB 55 - Sectional Summary (ver. N).pdf SFIN 3/28/2017 9:00:00 AM
SB 55
SB 54 Senate Bill 54 Presentation.pdf SFIN 3/28/2017 9:00:00 AM
SB 54