Legislature(2011 - 2012)BELTZ 105 (TSBldg)
03/16/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB82 | |
| SB15 | |
| SB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 82 | TELECONFERENCED | |
| *+ | SB 15 | TELECONFERENCED | |
| *+ | SB 8 | TELECONFERENCED | |
SB 15-SEX OFFENDER/UNDERAGE ALCOHOL OFFENSE
1:42:38 PM
CHAIR DAVIS announced the next order of business would be SB 15.
SENATOR EGAN moved to adopt the proposed committee substitute
(CS) for SB 15, labeled 27-LS0119/I, as the working document.
CHAIR DAVIS objected for discussion purposes.
SENATOR KEVIN MEYER, sponsor of SB 15, said there are people who
will furnish alcohol to minors in return for sexual favors. This
should not be tolerated. The lure of alcohol is a way for sex
traffickers to kidnap children. This bill says if a person is
convicted of buying alcohol for a minor, and also has a history
of being a sex offender or child kidnapper, the penalty is upped
by one step.
CHRISTINE MARISIGAN, Staff to Senator Meyer, said the intent of
the bill is to provide aggravated penalties for sex offenders or
child kidnappers who provide alcohol to minors. There are two
substantive changes in the CS. Page 1, lines 5 and 6, explicitly
outline which alcohol penalties are included. These are AS
04.16.051, which is the furnishing or delivering of alcoholic
beverages to persons under the age of 21; AS 04.16.055, which
includes the offense of renting rooms for the purpose of
providing alcoholic beverages to minors; and AS 04.16.057 which
refers to possessing alcohol in a dwelling. The other
substantive change is on page 2, lines 6 and 7, which explicitly
sets out the definitions of sex offender and child kidnapper.
1:47:05 PM
SENATOR DYSON said he liked the changes in the CS and assumed
the definitions referred to convicted criminals.
MS. MARISIGAN affirmed that was correct.
1:47:59 PM
TONY NEWMAN, Program Officer, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), said the
definitions do apply to convicted sex offenders.
1:48:41 PM
KATE BURKHARDT, Executive Director, Advisory Board on Alcoholism
and Drug Abuse, Department of Health and Social Services (DHSS),
said the board is a statutory advisory body, and she does not
speak on behalf of DHSS. The advisory board supports SB 15.
Young people who choose to use alcohol do receive it more often
than not from an older person. According to the 2009 Youth Risk
Behavior Survey, one-third of students using alcohol said they
received it from another person. It is important to note that in
alternative high schools, students reported that about 28
percent had procured alcohol from an adult. Unlike traditional
high school students, young women in alternative high schools
are disproportionately receiving alcohol from adults. We know
that alcohol and other drugs are indicated in the exploitation
of minors.
1:51:46 PM
SENATOR MEYER said there was a letter from the Alaska Peace
Officers Association in support of the bill.
SENATOR DYSON asked if the Department of Law (DOL) and the
courts had any objections.
SENATOR MEYER said they had met with DOL, and they helped write
the bill but did not take a position.
CHAIR DAVIS asked about the fiscal note.
1:53:29 PM
SHALON HARRINGTON, Legislative Liaison, Department of
Corrections (DOC), said that DOC went back over the last 15
years and looked at the number of offenders who were charged as
sex offenders with a second offense of providing alcohol to
minors. The average was 3.5 per year. Looking at those numbers
and with elevated charges, this would result in an increase of
122 man days for a class A misdemeanor. If this charge was
elevated, the average would go to 336 days. Multiplied by the
number of offenders, this would give an increase of 860 days per
year. With a daily cost of care of $106.44, the total financial
impact would be $117,308. For a class c felony, the increase
would result in 1,095 days per year, multiplied by 3.5,
resulting in 2,579 days per year, with a total cost of $351,924.
This explains the fiscal note.
1:56:52 PM
SENATOR MEYER said, "That means at least seven people every year
that are known sex offenders that are buying for minors".
MS. HARRINGTON responded it is an average of seven per year. So
there could be years with ten or years with two.
SENATOR MEYER said that number shows the need for this bill, but
noted he did not understand the fiscal note. It seemed
excessive. He also questioned how DOC can know precisely how
many they will have each year. Obviously there will be an
increased cost, but the fiscal note should be indeterminate. DOL
said that prosecutors won't necessarily go for the higher
sentencing, but this gives them the flexibility to do so.
MS. HARRINGTON replied that DOC had not met with the Department
of Law. They based their calculations on the number of
individuals charged with both offenses. These numbers are based
on average sentences. DOC could revisit the fiscal note and talk
with DOL.
2:00:38 PM
SENATOR MEYER said that would be good.
MS. HARRINGTON said the additional increase over two years would
be due to overlapping inmates.
SENATOR MEYER noted the conviction for a class C felony would be
most likely; it is an automatic sentence.
MS. HARRINGTON answered the average sentence is 365 days.
2:02:28 PM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
said the sentencing would be for offenders who have a prior
felony conviction. This would make them second felony offenders.
SENATOR MEYER responded that if a person who was convicted once
is now buying alcohol to do it again, this shows the need for
this bill. The sentence seems adequate to the crime. He stated
he was concerned about the cost, and would work with DOC to come
up with a revised fiscal note.
CHAIR DAVIS said that question could be handled in Finance.
SENATOR MEYER asked Chair Davis if she would accept a motion to
change the fiscal note.
CHAIR DAVIS answered she was willing to attach a letter, but the
fiscal note would still be the Finance committee's purview.
SENATOR DYSON said he guessed the real fiscal impact would be
significantly less than indicated by the current fiscal note. He
noted the fiscal note could get changed in Judiciary.
CHAIR DAVIS noted the bill had a Judiciary referral.
SENATOR MEYER said that passing it on to Judiciary would be a
good solution.
CHAIR DAVIS said originally there was no fiscal note.
SENATOR MEYER said it definitely needs a fiscal note; it just
needs to be more accurate.
2:09:25 PM
SENATOR EGAN moved to report CS for SB 15, version I, from
committee with individual recommendations and accompanying
fiscal notes. There being no objection, CSSB 15(HSS) moved from
the Senate Health and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 15 Bill.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 15 Sponsor Statement version M.pdf |
SFIN 4/8/2011 9:00:00 AM SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 15 Support Letter APOA AACP WPA.pdf |
SFIN 4/8/2011 9:00:00 AM SHSS 3/16/2011 1:30:00 PM |
SB 15 |
| SB 8 27-LS0084A Bill.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Sponsor Statement Rev 1-25-2011.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 AS 14 03 110 current law.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Fiscal Notes.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Docs - 2009 YRBS results by CDC.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Sectional Summary.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB 8 Docs -2009 YRBS results by DEED (2).pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 8 |
| SB15 Fiscal Note2.pdf |
SHSS 3/16/2011 1:30:00 PM |
SB 15 |