Legislature(1995 - 1996)
03/01/1995 01:34 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SJUD-3/1/95 SB 4 DWI LAWS JOE AMBROSE, Chief of Staff to Senator Taylor, read a sponsor statement to the committee. He explained SB 4 makes drunk driving a felony on the third offense, requires a minimum sentence of 360 days, and carries a $1,000 fine upon conviction. It also requires a sentence of not less than 30 days and a $1,000 fine if a person convicted of a felony DWI later drives a vehicle while their license is suspended or revoked. That section was added at the suggestion of law enforcement agencies. SB 4 provides the court the option of ordering drug therapy as a condition of parole or probation and to order forfeiture of a vehicle or aircraft. SB 4 is aimed to remove repeat offenders from the highways. Section 1 addresses a change needed in state law to overcome a court ruling that a minor cannot be arrested for consuming alcohol unless the police witness the consumption. The remainder of SB 4 deals with what is necessary to make it a felony to repeatedly drive drunk. Number 092 SENATOR ADAMS asked if SB 4 would cost over $4.2 million, of which $3.7 million would be expended by the Department of Corrections, and whether more prison space would be required. MR. AMBROSE responded the fiscal note from the Department of Corrections totals $3.7 million in the first year. SENATOR ADAMS questioned whether the Senate Majority has included this amount in their spending plan. SENATOR TAYLOR noted the Governor's budget was only received the day before. SENATOR TAYLOR discussed the policy issue of whether the fiscal notes of the departments should drive legislative policy. He stated he felt it was worth the cost to pick up repeat offenders to prevent them from causing deaths. He noted last year, 48 people were arrested in Anchorage for this offense; he estimated the number would double if statewide statistics were used. Number 128 SENATOR ADAMS responded he believes prison is not the answer for every crime committed in the State of Alaska. He suggested considering community service as a punishment for some offenses. He commented that teenagers who are first-time offenders should be doing productive community work rather than serving time in prisons. Number 143 DEL SMITH, Deputy Commissioner of the Department of Public Safety (DPS), testified in support of SB 4. Regarding the fiscal impact, he explained the DPS fiscal note addresses overtime costs generated by court appearances and Grand Jury appearances in felony cases. DPS anticipates 330 people will be charged for this offense annually. SENATOR ADAMS asked how many people would be put in jail if SB 4 passes. MR. SMITH estimated 100 would be sentenced, based on the Department of Law's projections. MARGOT KNUTH, Assistant Attorney General of the Department of Law (DOL), expanded on Mr. Smith's response. The DOL projects out of 400 arrests, 380 would be accepted for prosecution, and 15 percent of those would go to trial. This would represent a substantial fiscal impact for the DOL, because felony crimes must be presented to the Grand Jury. She noted DOL anticipates a total of 330 convictions each year. The costs to the defense would double. The DOL has looked at other approaches used to address this problem. In Minnesota, license plates are removed from the vehicle when the arrest is made, with the advantage that the government does not end up responsible for storing the vehicles, which are often junk vehicles. The owner is responsible for impounding the vehicle since a vehicle without plates cannot be on the street. If this system was used, the Legislature would have to determine what the offender would need to do to retrieve their license plates. MS. KNUTH discussed DOL concerns about the sentences set out in SB 4. In Alaska, a presumptive sentencing scheme is used, which states that second class C felony convictions carry two year sentences, and third offense convictions carry three year sentences. The sentences in SB 4 are less with a 360 day mandatory minimum. Driving with a revoked license would carry a 30 day mandatory minimum sentence, which would be a second felony offense and usually carries a two year sentence. MS. KNUTH emphasized the DOL vigorously supports Section 1 of SB 4, allowing warrantless arrests of minors. There are two other circumstances in which warrantless arrests are allowed: domestic violence incidents; and DWI cases. The justification for warrantless arrests in those situations is the danger those offenders pose to the public. DOL believes the same holds true for minors consuming because when judgement impaired, they may jeopardize their's and others' safety. Number 261 SENATOR TAYLOR asked, in states that are using the license plate removal approach, what the offender must do to obtain his/her license plates, and what is done when the impaired driver is not the owner of the vehicle. MS. KNUTH was unaware of the processes used. SENATOR TAYLOR stated another issue with forfeiture and seizure of vehicles is whether bank loans exist on the vehicle. He explained discussions over the issue of liability on the part of the loaning institution, who may have had knowledge of previous convictions prior to loaning the money, have occurred. SENATOR TAYLOR asked Ms. Knuth to look into the approaches she mentioned and provide the committee with recommendations. SENATOR GREEN suggested the presumptive sentencing issue be reviewed. SENATOR TAYLOR asked what the fiscal impact would be. MS. Knuth replied the impact on the DOL would be negligible, however it might double the Department of Correction's fiscal note. MR. AMBROSE stated the penalties were seriously considered when drafting the legislation and were purposely designed to be less punitive than what would happen under the normal circumstances. A repeat offender usually has a serious alcohol problem, and hopefully a one-year mandatory prison sentence would give him/her time to seek help. The 30 day prison requirement is also designed to provide additional "cooling off" time. SENATOR TAYLOR announced SB 4 would be held until the next hearing (March 8). The committee took up SB 14.
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