Legislature(2013 - 2014)BELTZ 105 (TSBldg)

02/05/2014 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

Audio Topic
01:35:00 PM Start
01:35:27 PM SB64
02:54:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 64 OMNIBUS CRIME/CORRECTIONS BILL TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
             SB  64-OMNIBUS CRIME/CORRECTIONS BILL                                                                          
                                                                                                                                
1:35:27 PM                                                                                                                    
CHAIR  COGHILL  announced  the   consideration  of  SB  64.  [The                                                               
committee was considering CSSB 64, Version G.]                                                                                  
                                                                                                                                
CHAIR COGHILL opened public testimony.                                                                                          
                                                                                                                                
1:39:04 PM                                                                                                                    
M.  RANKINE   FORRESTER,  CEO   Intoximeters  Inc.,   St.  Louis,                                                               
Missouri, informed  the committee that Alaska  uses his company's                                                               
hand  held  devices  for  DUI   enforcement.  He  explained  that                                                               
Intoximeters got involved  in the 24/7 program  about seven years                                                               
ago  and  found   the  early  results  in  South   Dakota  to  be                                                               
impressive.                                                                                                                     
                                                                                                                                
MR. FORRESTER said  he watched the 24/7 program  in North Dakota,                                                               
South  Dakota,  and  Montana  and   learned  that  the  program's                                                               
strength  for  reducing  recidivism   is  the  immediacy  of  the                                                               
sanction. The Rand Study and  the Mountain Plains Evaluation from                                                               
South Dakota  proved that.  Both showed  a dramatic  reduction in                                                               
recidivism, and  he attributes those  results to  the twice-a-day                                                               
breath testing in  a central location. In this  model, the person                                                               
immediately  faces  the consequence  of  arrest  if he/she  tests                                                               
positive.                                                                                                                       
                                                                                                                                
In both North  Dakota and Montana, geography  limited some people                                                               
from getting  to and  from a  central testing  site, he  said. In                                                               
that circumstance,  an ankle bracelet with  a transdermal alcohol                                                               
detection device was  used. The Rand Study  documented that about                                                               
15  percent  of the  test  subjects  were  tested on  the  remote                                                               
testing device and 85 percent were tested twice-a-day.                                                                          
                                                                                                                                
MR. FORRESTER noted that data  from the South Dakota 24/7 program                                                               
was presented  at a recent  highway safety meeting in  San Diego.                                                               
It  showed that  the remote  testing  had very  little impact  on                                                               
long-term   recidivism  compared   to  the   twice-a-day  central                                                               
location testing. The  point, he said, is that if  the goal is to                                                               
reduce recidivism, there's  more bang for the  buck with twice-a-                                                               
day  testing.  The  problem  with   remote  testing  is  that  an                                                               
immediate sanction is  less likely. The other  issue with relying                                                               
on  remote testing  as the  backbone of  a 24/7  program is  that                                                               
there's a bit of an unfunded  mandate; there's a cost attached to                                                               
sending somebody  out to  arrest an  offender that  isn't covered                                                               
under the program.                                                                                                              
                                                                                                                                
MR.  FORRESTER  urged  the   committee  to  consider  twice-a-day                                                               
testing as the  backbone of the 24/7 program;  the evidence shows                                                               
it has a greater effect on recidivism.                                                                                          
                                                                                                                                
1:45:42 PM                                                                                                                    
SENATOR DYSON  commented that twice-a-day  testing would  make it                                                               
difficult for a person to be productive.                                                                                        
                                                                                                                                
MR. FORRESTER responded  that there is a bit of  a burden, but it                                                               
has not been an issue in any  of the programs he's worked with in                                                               
Montana or South Dakota.                                                                                                        
                                                                                                                                
CHAIR COGHILL thanked Mr. Forrester.                                                                                            
                                                                                                                                
1:48:12 PM                                                                                                                    
KELLY  FREDERICK, representing  herself, Anchorage,  Alaska, said                                                               
she was calling  to comment on the  amendment regarding custodial                                                               
interference. She explained that on  January 14 a man walked into                                                               
an  Anchorage elementary  school and  asked for  her daughter  by                                                               
first and last  name. Falsely claiming to be her  father, he said                                                               
he was  there to pick her  up. When staff disputed  his claim, he                                                               
said  he was  there to  pick up  a different  girl. Office  staff                                                               
identified him  and asked  him to leave.  Ms. Frederick  said the                                                               
school called  her and  she immediately  called the  police. When                                                               
she met  the police at  the school, she  was told there  wasn't a                                                               
charge for  what the man  had done. Later  she was told  that the                                                               
man had  been arrested and that  he was going to  be charged with                                                               
criminal trespass and two counts of contributing to a minor.                                                                    
                                                                                                                                
MS. FREDERICK  said she was  disturbed and concerned  because the                                                               
man's  intent  was  to  take  the  girls  from  the  school.  She                                                               
questioned  why there  isn't a  law to  protect children  in this                                                               
circumstance.                                                                                                                   
                                                                                                                                
CHAIR  COGHILL   asked  Senator   Wielechowski  to   explain  the                                                               
amendment  he   drafted  to  address  some   of  Ms.  Frederick's                                                               
concerns.                                                                                                                       
                                                                                                                                
1:51:01 PM                                                                                                                    
SENATOR WIELECHOWSKI said he heard  from a number of constituents                                                               
about  this  issue  and  called  the  prosecutor's  office.  John                                                               
Skidmore  returned  the call  and  said  that  what the  man  did                                                               
doesn't  meet the  statutory definition  of attempted  kidnapping                                                               
and  that it  will be  difficult to  prove criminal  trespass. He                                                               
noted that  the person who  was ultimately arrested in  this case                                                               
has a long history of crimes.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  explained that  the amendment, which  was a                                                               
collaborative effort, is  an attempt to put  something in statute                                                               
to make schools and kids a little bit safer.                                                                                    
                                                                                                                                
CHAIR  COGHILL said  the committee  would consider  the amendment                                                               
after public testimony.                                                                                                         
                                                                                                                                
1:52:48 PM                                                                                                                    
MIKE  MILLER, representing  himself  and  National Federation  of                                                               
Independent  Business (NFIB),  North  Pole, Alaska,  said he  was                                                               
testifying  to  voice  concern about  raising  the  felony  theft                                                               
threshold from  $500 to  $1,000. For  larger businesses  it's the                                                               
cost of  doing business, but for  small businesses $500 is  a lot                                                               
of money, he  said. The NFIB in Alaska was  polled and a majority                                                               
of the members do not support doubling the limit at this time.                                                                  
                                                                                                                                
1:55:41 PM                                                                                                                    
SENATOR  DYSON  asked  Mr.  Miller if  he's  seen  evidence  that                                                               
shoplifters or burglars are paying  attention to the dollar limit                                                               
between  a misdemeanor  and felony  when they're  contemplating a                                                               
crime.                                                                                                                          
                                                                                                                                
MR.  MILLER  said  no,  but   many  small  businesses  feel  that                                                               
increasing  the  limit rewards  the  person  who perpetrates  the                                                               
crime.                                                                                                                          
                                                                                                                                
SENATOR DYSON asked if he's  implying that NFIB members have been                                                               
comfortable with the $500 limit for the past 20 years.                                                                          
                                                                                                                                
MR.   MILLER  replied   small   business   owners  probably   are                                                               
comfortable with the law because they're accustomed to it.                                                                      
                                                                                                                                
SENATOR DYSON pointed out that  $500 probably had three times the                                                               
value  when  the  limit  was   established.  He  asked  if  small                                                               
businesses though it was excessive at that time.                                                                                
                                                                                                                                
MR. MILLER  replied they  probably did feel  it was  excessive 22                                                               
years  ago. He  reiterated that  NFIB isn't  comfortable doubling                                                               
the limits.                                                                                                                     
                                                                                                                                
CHAIR COGHILL  asked Mr.  Miller if  he's found  that misdemeanor                                                               
charges are ignored in court.                                                                                                   
                                                                                                                                
MR. MILLER said  his business hasn't experienced  much theft, but                                                               
some  members  have  expressed frustration  about  losing  higher                                                               
value items.                                                                                                                    
                                                                                                                                
CHAIR COGHILL said  he would entertain amendments,  but he needed                                                               
to know  if the misdemeanor charges  that could result in  a year                                                               
in jail [and]  $10,000 fine have been so misused  that the felony                                                               
hammer is necessary.                                                                                                            
                                                                                                                                
He asked Mr. Miller if a $750 threshold would be acceptable.                                                                    
                                                                                                                                
MR. MILLER answered  that in his particular case it  would, but a                                                               
lot  of businesses  would  probably still  find  it difficult  to                                                               
accept. He  reiterated that doubling the  amount was particularly                                                               
unpalatable.                                                                                                                    
                                                                                                                                
CHAIR COGHILL  requested an opportunity  to address NFIB  on what                                                               
happens when a felony charge is levied.                                                                                         
                                                                                                                                
2:03:50 PM                                                                                                                    
ANDY  PEVEHOUSE,  representing  himself,  Kenai,  Alaska,  stated                                                               
support for  increasing the  felony theft  thresholds. Clarifying                                                               
that he  was not speaking as  a public defender, he  disputed the                                                               
notion  that small  business  owners would  not  be protected  by                                                               
making theft  a class A misdemeanor  versus a class C  felony. He                                                               
maintained  that  it  potentially   would  benefit  NFIB  members                                                               
because  it is  easier for  a misdemeanant  to pay   restitution.                                                               
Whereas a convicted  felon has many doors closed  and is severely                                                               
hampered in  his/her ability  to reenter society,  get a  job and                                                               
pay back the dollar value of the theft.                                                                                         
                                                                                                                                
He agreed with  Senator Dyson that theft is typically  a crime of                                                               
opportunity  and   the  person   who  commits  the   crime  isn't                                                               
necessarily thinking about whether the  crime is a misdemeanor or                                                               
a  felony.  The same  logic  applies  to criminal  mischief;  the                                                               
offender doesn't  necessarily consider the value  of the property                                                               
damage.  He  opined  that  most   people  would  agree  that  the                                                               
potential penalty  of up to  a year in  jail, a $10,000  fine and                                                               
paying restitution is a fairly significant deterrent as it is.                                                                  
                                                                                                                                
MR. PEVEHOUSE  also stated strong  support for the  minor changes                                                               
to  drug  treatment  in  the  bill.  He  said  drug  and  alcohol                                                               
treatment options are  limited in Kenai, and  anything that helps                                                               
increase  the  ability  to  get  into  treatment  and  resolve  a                                                               
person's  legal  problems   through  incentivizing  treatment  is                                                               
worthwhile.                                                                                                                     
                                                                                                                                
2:07:58 PM                                                                                                                    
CHAIR  COGHILL asked  if the  fines and  jail time  penalties for                                                               
theft valued  under $500 had been  enough of a deterrent  to show                                                               
that it could be used in the $50 to $1,000 category as well.                                                                    
                                                                                                                                
MR.   PERVEHOUSE  offered   his  belief   that  business   owners                                                               
absolutely  are  protected under  the  current  statute. He  also                                                               
pointed  out  that the  recidivist  theft  statute provides  that                                                               
multiple misdemeanor thefts  aggravate on the third  offense to a                                                               
class C felony.                                                                                                                 
                                                                                                                                
CHAIR COGHILL  said the  committee was alerted  to that  when the                                                               
bill was introduced,  and the Department of  Law (DOL) questioned                                                               
how that would be implemented.                                                                                                  
                                                                                                                                
SENATOR DYSON  encouraged the  Chair to  stick to  thresholds and                                                               
make the second offense a felony.                                                                                               
                                                                                                                                
2:12:35 PM                                                                                                                    
H.  THOMPSON PRENTEZEL  III, representing  himself,  said he  was                                                               
testifying  from   a  halfway  house/jail   in  Ester   to  offer                                                               
suggestions  about the  cost and  ineffectiveness  of the  prison                                                               
system. He urged  the committee to think about  the philosophy of                                                               
punishing crime  and opined that  the biggest problem  relates to                                                               
legislating  morality and  the creation  of victimless  crime. He                                                               
cited statistics that show that in  Alaska about 6 percent of the                                                               
population  annually gets  brought  into a  jail,  and that  this                                                               
state is number one for recidivism.                                                                                             
                                                                                                                                
He  offered  the  following suggestions:  get  rid  of  mandatory                                                               
parole,  get  rid of  presumptive  sentencing,  allow parole  for                                                               
people who don't  admit their guilt, offer juries  a third option                                                               
of a not  proven verdict, review the number of  felony cases that                                                               
are brought and  dropped, and look into why so  many people flat-                                                               
time their sentences.                                                                                                           
                                                                                                                                
CHAIR COGHILL asked him to submit his suggestions in writing.                                                                   
                                                                                                                                
2:20:21 PM                                                                                                                    
MARTHA KINCAID,  representing herself,  Palmer, Alaska,  said she                                                               
supports SB 64,  but has additional comments.  First, a proactive                                                               
approach of  redeeming, restoring, and instilling  hope should be                                                               
the  goal  of the  proposed  commission.  Second, in  convictions                                                               
where  there is  no damage  to  persons or  property, the  felony                                                               
should be reduced  to a misdemeanor. Third, the  current DUI laws                                                               
impose  a  life-long  sentence  that  is  inappropriate  for  the                                                               
infraction, especially  if no  damage to  person or  property has                                                               
occurred.  There is  no  incentive to  become  well. Fourth,  the                                                               
Alaska  Sentencing  Commission  is   missing  the  voice  of  the                                                               
offender.  She  concluded  that  the   state  can  do  better  by                                                               
achieving   a  balance   between   correction,  redemption,   and                                                               
restoration.                                                                                                                    
                                                                                                                                
2:22:54 PM                                                                                                                    
JANET KINCAID,  representing herself, Palmer, Alaska,  echoed her                                                               
daughter's   comments and added  that the state needs  to improve                                                               
ways  to  help people  who  are  released  from prison  and  have                                                               
alcohol problems. She noted that  the Salvation Army and Set Free                                                               
Alaska  help people  with  alcohol problems  and  both have  long                                                               
waiting lists.  These people need hope  and to be given  a chance                                                               
to  become tax  paying citizens  who support  their families  and                                                               
communities.                                                                                                                    
                                                                                                                                
2:23:56 PM                                                                                                                    
MARY GEDDES,  representing herself,  Anchorage, Alaska,  said she                                                               
is a  retired public defender who  served 28 years in  both state                                                               
and federal  courts. She said  she would address two  issues that                                                               
were  touched upon  in previous  testimony: the  retroactivity of                                                               
the changes in the theft statutes and the type of commission.                                                                   
                                                                                                                                
She  offered three  suggestions related  to retroactivity  of the                                                               
changes  in the  theft  statutes, and  noted  that she  submitted                                                               
language to  address this  issue. The  first suggestion  was that                                                               
for those  cases for which  there is not  a guilty, a  no contest                                                               
plea or a  verdict, the prosecutor can simply  amend any charging                                                               
documents;  for  those defendants  who  have  already been  found                                                               
guilty but  have not  been sentenced, the  trial court  should be                                                               
authorized to vacate the plea or verdict.                                                                                       
                                                                                                                                
The second suggested change provides  retroactive relief to those                                                               
whose judgments  are final and  don't have an appeal  pending. In                                                               
order to  obtain this relief, the  offender would have to  file a                                                               
post-conviction action  based upon  the change  in law.  The bill                                                               
could specify one year to file  and the trial court could then be                                                               
authorized to  resentence the offender.  She explained  that this                                                               
is  a matter  of fairness.  Not extending  retroactive effect  to                                                               
this group denies relief to  those defendants who readily pleaded                                                               
guilty and accepted their penalty without filing any appeal.                                                                    
                                                                                                                                
The third suggestion is to  give retroactive relief to defendants                                                               
who entered  guilty or  no contest  pleas pursuant  to agreements                                                               
with the  state. She  said she  submitted proposed  language that                                                               
allows a defendant  to be resentenced under the  revised law with                                                               
notice  that the  plea  agreement is  not  otherwise voidable  by                                                               
either of the parties.                                                                                                          
                                                                                                                                
2:32:24 PM                                                                                                                    
MS. GEDDES addressed  the issue of whether or  not the commission                                                               
ought  to be  a sentencing  commission as  opposed to  a criminal                                                               
justice commission.  She suggested  sticking with  the sentencing                                                               
commission  as  originally  envisioned  because  the  duties  and                                                               
methodologies  set  in  the  legislation  are  more  specifically                                                               
geared  to sentencing.  She also  recommended including  at least                                                               
one  defense  attorney  on  the  commission  who  is  the  public                                                               
defender,  the public  advocate, or  their designee  because most                                                               
private  attorneys  lack the  specific  expertise  of a  criminal                                                               
defense attorney.                                                                                                               
                                                                                                                                
She  said  the  previous  draft  recommended  that  the  Judicial                                                               
Council  provide staffing  for the  commission, but  she believes                                                               
that  a  commission  comprised  of  so  many  busy  professionals                                                               
requires  the  coordination,  direction,  and  leadership  of  an                                                               
executive  director.  In light  of  the  duties assigned  to  the                                                               
commission, she recommended the  executive director be a licensed                                                               
attorney.                                                                                                                       
                                                                                                                                
CHAIR COGHILL commented that Mr. Steiner would agree.                                                                           
                                                                                                                                
2:35:29 PM                                                                                                                    
CHAIR  COGHILL  asked  Mr.  Shilling  to  present  the  ideas  in                                                               
Amendment G.2.                                                                                                                  
                                                                                                                                
SENATOR OLSON noted that he had an amendment to offer.                                                                          
                                                                                                                                
2:37:33 PM                                                                                                                    
JORDAN  SHILLING, Staff,  Senator  John  Coghill, explained  that                                                               
Amendment 28-LS0116\G.2  addresses some of the  concerns that the                                                               
Department  of  Law  expressed  on  the  Nygren  credit  section.                                                               
Subparagraph (C) clarifies  that a person may  leave the facility                                                               
for  employment,  vocational  training, or  community  volunteer.                                                               
Subparagraph (D)  still expressly limits  it to time  and purpose                                                               
but adds oversight by the director of the treatment program.                                                                    
                                                                                                                                
                         AMENDMENT G.2                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
          TO:  CSSB 64(   ), Draft Version "G"                                                                                  
                                                                                                                                
     Page 11, lines 8 - 27:                                                                                                     
                                                                                                                                
     Delete all material and insert:                                                                                            
          "(c)   To  qualify  for credit  against  a sentence  of                                                               
     imprisonment  for time  spent in  a  treatment program,  the                                                               
     treatment program and the facility  of the treatment program                                                               
     must impose  substantial restrictions on a  person's liberty                                                               
     that   are  equivalent   to  incarceration,   including  the                                                               
     requirement that a participant in the program                                                                              
               (1)  must live in a residential facility operated                                                                
     by the program;                                                                                                            
               (2)  must be confined at all times to the grounds                                                                
     of the facility or be in the physical custody of an                                                                        
     employee of the facility, except for                                                                                       
                    (A)  court appearances; [,]                                                                         
                    (B)  meetings with counsel;                                                                         
                    (C) employment, vocational training, or                                                                 
          community  volunteer  [,  AND]  work  required  by  the                                                         
          treatment  program  [AND  APPROVED IN  ADVANCE  BY  THE                                                               
          COURT]; and                                                                                                       
                    (D)  periods during which residents are                                                                 
          permitted  to  leave  the facility  for  rehabilitative                                                           
          purposes  directly related  to  the person's  treatment                                                           
          plan,  so   long  as  the  periods   during  which  the                                                           
          residents  are  permitted  to leave  the  facility  are                                                           
          expressly limited as to both time and purpose by the                                                              
          director of the treatment program;                                                                                
               (3)  is subject to disciplinary sanctions by the                                                                 
     program if the participant violates rules of the program                                                                   
     and facility; sanctions must be in writing and available                                                                   
     for court review; and                                                                                                      
               (4)  is subject to immediate arrest, without                                                                     
     warrant, if the participant leaves the facility without                                                                    
     permission."                                                                                                               
                                                                                                                                
CHAIR  COGHILL  asked  about  oversight   by  the  Department  of                                                               
Corrections (DOC).                                                                                                              
                                                                                                                                
MR. SHILLING replied the amendment doesn't mention DOC.                                                                         
                                                                                                                                
CHAIR  COGHILL expressed  interest in  getting an  answer to  the                                                               
question.                                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  commented  that  the  amendment  offers  a                                                               
reasonable compromise.                                                                                                          
                                                                                                                                
CHAIR COGHILL  asked Senator Dyson  to provide an  explanation of                                                               
Amendment G.9.                                                                                                                  
                                                                                                                                
SENATOR  DYSON summarized  that the  amendment provides  judicial                                                               
discretion  in the  waiver  of certain  juvenile  cases to  adult                                                               
court.                                                                                                                          
                                                                                                                                
2:41:23 PM                                                                                                                    
CHUCK  KOPP,  Staff,  Senator  Fred  Dyson,  explained  that  the                                                               
proposed Amendment  G.9 introduces a safeguard  into the juvenile                                                               
auto waiver  law that sends  a 16  or 17-year-old into  the adult                                                               
system  when the  crime  is  an unclassified  felony,  a class  A                                                               
felony in which it is a crime  against a person, a class B felony                                                               
in which it  is a crime against  a person and a  deadly weapon is                                                               
used or  alleged to be  used, or arson  in the first  degree. The                                                               
amendment would allow  a judge to make a  determination, based on                                                               
a  risk  needs  assessment,  that the  juvenile  is  amenable  to                                                               
treatment under the juvenile justice  system and does not need to                                                               
be waived into the adult system.                                                                                                
                                                                                                                                
                         AMENDMENT G.9                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
          TO:  CSSB 64(   ), Draft Version "G"                                                                                  
                                                                                                                                
     Page 2, line 1, following "beverages;":                                                                                  
          Insert "relating to waiver of jurisdiction in                                                                       
     juvenile cases;"                                                                                                       
                                                                                                                              
     Page 24, following line 20:                                                                                                
          Insert new bill sections to read:                                                                                     
        "* Sec. 33. AS 47.12.030(a) is amended to read:                                                                       
          (a)  When a minor who was at least 16 years of                                                                        
     age  at  the   time  of  the  offense   is  charged  by                                                                    
     complaint, information,  or indictment with  an offense                                                                    
     specified  in  this  subsection,   and,  when  after  a                                                                
     hearing    and    consideration    of    the    minor's                                                                
     individualized  risk and  needs  assessment, the  court                                                                
     determines that the minor is  not amenable to treatment                                                                
     under  this  chapter,  this   chapter  and  the  Alaska                                                                
     Delinquency  Rules  do not  apply  to  the offense  for                                                                    
     which  the  minor  is  charged  or  to  any  additional                                                                    
     offenses joinable  to it under the  applicable rules of                                                                    
     court governing criminal procedure.  The minor shall be                                                                    
     charged,   held,   released    on   bail,   prosecuted,                                                                    
     sentenced, and  incarcerated in the  same manner  as an                                                                    
     adult. If  the minor is  convicted of an  offense other                                                                    
     than  an  offense  specified in  this  subsection,  the                                                                    
     minor may attempt  to prove, by a  preponderance of the                                                                    
     evidence,  that  the  minor is  amenable  to  treatment                                                                    
     under this chapter.  If the court finds  that the minor                                                                    
     is amenable to treatment  under this chapter, the minor                                                                    
     shall be treated  as though the charges  had been heard                                                                    
     under  this   chapter,  and   the  court   shall  order                                                                    
     disposition  of  the  charges of  which  the  minor  is                                                                    
     convicted  under  AS 47.12.120(b).  The  provisions  of                                                                    
     this  subsection apply  when  the minor  is charged  by                                                                    
     complaint, information, or indictment with an offense                                                                      
               (1)  that is an unclassified felony or a                                                                         
     class  A felony  and the  felony is  a crime  against a                                                                    
     person;                                                                                                                    
               (2)  of arson in the first degree;                                                                               
               (3)  that is a class B felony and the felony                                                                     
     is  a crime  against a  person  in which  the minor  is                                                                    
     alleged to have used a  deadly weapon in the commission                                                                    
     of   the  offense   and   the   minor  was   previously                                                                    
     adjudicated as  a delinquent or convicted  as an adult,                                                                    
     in  this or  another jurisdiction,  as a  result of  an                                                                    
     offense that  involved use  of a  deadly weapon  in the                                                                    
     commission of  a crime against  a person or  an offense                                                                    
     in another  jurisdiction having  elements substantially                                                                    
     identical to  those of  a crime  against a  person, and                                                                    
     the  previous offense  was punishable  as a  felony; in                                                                    
     this paragraph,  "deadly weapon" has the  meaning given                                                                    
     in AS 11.81.900(b); or                                                                                                     
               (4)  that is misconduct involving weapons in                                                                     
     the first degree under                                                                                                     
               (A)  AS 11.61.190(a)(1); or                                                                                      
               (B)  AS 11.61.190(a)(2) when the firearm was                                                                     
     discharged under  circumstances manifesting substantial                                                                    
     and unjustifiable risk of physical injury to a person.                                                                     
        * Sec. 34.  AS 47.12.030 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
          (d)  For purposes of making a determination under                                                                     
     this   section,  the   standard  of   proof  is   by  a                                                                    
     preponderance of the evidence,  and the burden of proof                                                                    
     that  the minor  is  amenable to  treatment under  this                                                                  
     chapter is on the minor."                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 25, line 4:                                                                                                           
          Delete "and"                                                                                                          
                                                                                                                                
     Page 25, line 5, following "Act":                                                                                          
          Insert ", AS 47.12.030(a), as amended by sec. 33                                                                      
     of this Act, and AS 47.12.030(d)  as enacted by sec. 34                                                                    
     of this Act,"                                                                                                              
                                                                                                                                
     Page 25, line 6:                                                                                                           
          Delete "36"                                                                                                           
          Insert "38"                                                                                                           
                                                                                                                                
     Page 25, line 12:                                                                                                          
          Delete "36"                                                                                                           
          Insert "38"                                                                                                           
                                                                                                                                
     Page 25, line 13:                                                                                                          
          Delete "36"                                                                                                           
          Insert "38"                                                                                                           
                                                                                                                                
CHAIR COGHILL said he wanted the concept brought forward today                                                                  
and would possibly take testimony on it at a later date.                                                                        
                                                                                                                                
2:44:31 PM                                                                                                                    
CHAIR COGHILL asked Senator Wielechowski to present the ideas in                                                                
Amendment 28-LS0116\G.10.                                                                                                       
                                                                                                                                
2:44:45 PM                                                                                                                    
SENATOR WIELECHOWSKI  explained that  this amendment is  based on                                                               
an issue  that arose when a  man entered an elementary  school in                                                               
his district  and attempted to  remove two children. The  man was                                                               
arrested  and  charged  with  criminal  trespass,  but  there  is                                                               
clearly  a gap  in  the  law because  even  that  charge will  be                                                               
difficult to  prove. The purpose  of SB 64 is  rehabilitation and                                                               
part  of  that  is  public   safety;  this  amendment  will  make                                                               
communities safer, he  said. The essence is on page  1, lines 15-                                                               
18, of the amendment;  if a person who is not  a relative and has                                                               
no legal  right, represents  to the lawful  custodian of  a child                                                               
that  he/she has  the  legal  right to  take  the  child that  is                                                               
custodial interference in the second degree.                                                                                    
                                                                                                                                
                         AMENDMENT G.10                                                                                     
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
                                                                                                                                
          TO:  CSSB 64(   ), Draft Version "G"                                                                                  
                                                                                                                                
     Page 1, line 2, following "Commission;":                                                                                 
          Insert   "amending   the   criminal   offense   of                                                                  
     custodial interference in the second degree;"                                                                            
                                                                                                                                
     Page 2, following line 2:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 11.41.330(a) is amended to read:                                                                   
          (a)  A person commits the crime of custodial                                                                          
     interference in the second degree if                                                                                       
               (1)  [,] being a relative of a child under                                                                   
     18 years of age or  a relative of an incompetent person                                                                    
     and knowing  that the person  has no legal right  to do                                                                    
     so, the person  takes, entices, or keeps  that child or                                                                    
     incompetent person from a  lawful custodian with intent                                                                    
     to  hold   the  child  or  incompetent   person  for  a                                                                    
     protracted period; or                                                                                                  
               (2)  not being a relative of a child under                                                                   
     18 years of age or  a relative of an incompetent person                                                                
     and knowing  that the person  has no legal right  to do                                                                
     so, the person represents  to the lawful custodian that                                                                
     the person has  a legal right to take,  entice, or keep                                                                
     the child or incompetent person.                                                                                     
        * Sec. 2. AS 11.41.330(b) is amended to read:                                                                         
          (b)  The affirmative defense of necessity under                                                                       
     AS 11.81.320  does  not  apply  to  a  prosecution  for                                                                    
     custodial  interference  under  (a)(1)  [(a)]  of  this                                                                
     section if the protracted period for which the person                                                                      
       held the child or incompetent person exceeded the                                                                        
     shorter of the following:                                                                                                  
               (1)  24 hours; or                                                                                                
               (2)  the time necessary to report to a peace                                                                     
       officer or social service agency that the child or                                                                       
      incompetent person has been abused, neglected, or is                                                                      
     in imminent physical danger. "                                                                                             
                                                                                                                                
     Page 2, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 25, following "(a)":                                                                                         
          Insert "AS 11.41.330(a), as amended by sec. 1 of                                                                      
       this Act, AS 11.41.330(b), as amended by sec. 2 of                                                                       
     this Act,"                                                                                                                 
                                                                                                                                
     Page 24, line 25:                                                                                                          
          Delete "sec. 1"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
     Page 24, line 26:                                                                                                          
          Delete "sec. 2"                                                                                                       
          Insert "sec. 4"                                                                                                       
          Delete "sec. 3"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 24, line 27:                                                                                                          
          Delete "sec. 4"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 24, line 28:                                                                                                          
          Delete "sec. 5"                                                                                                       
          Insert "sec. 7"                                                                                                       
          Delete "sec. 6"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 24, line 29:                                                                                                          
          Delete "sec. 7"                                                                                                       
          Insert "sec. 9"                                                                                                       
          Delete "sec. 8"                                                                                                       
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 24, line 30:                                                                                                          
          Delete "sec. 9"                                                                                                       
          Insert "sec. 11"                                                                                                      
          Delete "sec. 10"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 24, line 31:                                                                                                          
          Delete "sec. 11"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 25, line 1:                                                                                                           
          Delete "sec. 12"                                                                                                      
          Insert "sec. 14"                                                                                                      
          Delete "sec. 13"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 25, line 2:                                                                                                           
          Delete "sec. 14"                                                                                                      
          Insert "sec. 16"                                                                                                      
          Delete "sec. 15"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
     Page 25, line 3:                                                                                                           
          Delete "sec. 16"                                                                                                      
          Insert "sec. 18"                                                                                                      
          Delete "sec. 17"                                                                                                      
          Insert "sec. 19"                                                                                                      
                                                                                                                                
     Page 25, line 4:                                                                                                           
          Delete "sec. 18"                                                                                                      
          Insert "sec. 20"                                                                                                      
                                                                                                                                
     Page 25, line 5:                                                                                                           
          Delete "sec. 19"                                                                                                      
          Insert "sec. 21"                                                                                                      
                                                                                                                                
     Page 25, line 6:                                                                                                           
          Delete "secs. 1 - 29 and 31 - 36"                                                                                     
          Insert "secs. 1 - 31 and 33 - 38"                                                                                     
                                                                                                                                
     Page 25, line 7:                                                                                                           
          Delete "sec. 20"                                                                                                      
          Insert "sec. 22"                                                                                                      
                                                                                                                                
     Page 25, line 8:                                                                                                           
          Delete "sec. 23"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 25, lines 8 - 9:                                                                                                      
          Delete "sec. 24"                                                                                                      
          Insert "sec. 26"                                                                                                      
                                                                                                                                
     Page 25, line 9:                                                                                                           
          Delete "sec. 25"                                                                                                      
          Insert "sec. 27"                                                                                                      
                                                                                                                                
     Page 25, line 10:                                                                                                          
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
          Delete "sec. 27"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 25, line 11:                                                                                                          
          Delete "sec. 28"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
     Page 25, line 12:                                                                                                          
          Delete "secs. 1 - 29 and 31 - 36"                                                                                     
          Insert "secs. 1 - 31 and 33 - 38"                                                                                     
                                                                                                                                
     Page 25, line 13:                                                                                                          
          Delete "secs. 1 - 29 and 31 - 36"                                                                                     
          Insert "secs. 1 - 31 and 33 - 38"                                                                                     
                                                                                                                                
     Page 25, line 17:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 25, line 19:                                                                                                          
          Delete "sec. 32"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 25, line 21:                                                                                                          
          Delete "Section 30"                                                                                                   
          Insert "Section 32"                                                                                                   
                                                                                                                                
CHAIR COGHILL asked what happens in legitimate circumstances                                                                    
when somebody is picking up another person's child.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI said that would be acceptable.                                                                             
                                                                                                                                
CHAIR COGHILL said he likes the idea.                                                                                           
                                                                                                                                
2:48:22 PM                                                                                                                    
CHAIR COGHILL asked Mr. Shilling to discuss Amendment G.7.                                                                      
                                                                                                                                
2:48:57 PM                                                                                                                    
MR. SHILLING said  the first substantive change is  found on page                                                               
1, lines 16-22,  of the amendment. It allows 24/7  sobriety to be                                                               
applied in  pretrial only in certain  cases: unclassified felony,                                                               
class A  felony, sexual felony,  DUI felony, refusal  felony, and                                                               
crimes  of  domestic violence,  which  can  be a  misdemeanor  or                                                               
felony.                                                                                                                         
                                                                                                                                
Page 2,  lines 1-2, deletes  the fiscal  analysis Sec. 22  of the                                                               
bill.                                                                                                                           
                                                                                                                                
Page 2, lines 6-7, of  the amendment removes the requirement that                                                               
the  Department   of  Corrections  (DOC)   establish  eligibility                                                               
requirements for  the PACE program.  The reasoning is that  it is                                                               
not  appropriate  for the  DOC  to  turn  someone away  from  the                                                               
program when the court has mandated they enter the program.                                                                     
                                                                                                                                
                         AMENDMENT G.7                                                                                      
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
          TO:  CSSB 64(   ), Draft Version "G"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 1, lines 2 - 3:                                                                                                       
     Delete "relating to fiscal notes for bills related to                                                                    
     criminal offenses and suspension of offenders;"                                                                          
                                                                                                                                
     Page 1, line 9:                                                                                                            
         Delete "relating to conditions of release and                                                                        
     probation;"                                                                                                              
     Insert "relating to conditions of release, probation,                                                                    
     and parole;"                                                                                                             
                                                                                                                                
     Page 1, line 10, following "corrections":                                                                                
     Insert "and board of parole"                                                                                             
                                                                                                                                
     Page 2, line 1, following "beverages":                                                                                   
       Insert "requiring the board of parole to establish                                                                     
      programs for persons on parole that require testing                                                                     
     for controlled substances and alcoholic beverages;"                                                                      
                                                                                                                                
     Page 9, lines 18 - 20:                                                                                                     
     Delete all material and insert:                                                                                            
     "(18)  require  the person  to  comply  with a  program                                                                
     established  under AS 35.05.020(g)  if  the person  has                                                                
     been  charged  with  an  alcohol-related  or  substance                                                                
     abuse-related offense  that is an  unclassified felony,                                                                
     a  class A  felony,  a sexual  felony,  a felony  under                                                                
     AS 28.35.030  or  28.35.032,  or a  crime  of  domestic                                                                
     violence."                                                                                                             
                                                                                                                                
     Page 12, line 22, through page 13, line 3:                                                                                 
     Delete all material.                                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 18, line 7:                                                                                                           
     Delete "and eligibility requirements"                                                                                      
                                                                                                                                
     Page 18, line 10:                                                                                                          
     Following "at":                                                                                                            
     Insert "moderate to"                                                                                                       
     Following "probation":                                                                                                     
     Insert "as identified by a risk-needs assessment"                                                                          
                                                                                                                                
     Page 18, line 17, following "officer;":                                                                                    
     Insert "or"                                                                                                                
                                                                                                                                
     Page 18, line 19:                                                                                                          
     Delete the second occurrence of "or"                                                                                       
     Insert "and"                                                                                                               
                                                                                                                                
     Page 18, lines 20 - 21:                                                                                                    
     Delete all material.                                                                                                       
                                                                                                                                
     Page 18, line 27:                                                                                                          
     Delete "and eligibility requirements"                                                                                      
                                                                                                                                
     Page 19, line 1, following "testing":                                                                                      
     Insert "in person if practicable"                                                                                          
                                                                                                                                
     Page 19, line 4:                                                                                                           
     Delete "within 24 hours"                                                                                                   
     Insert "by the close of the next business day"                                                                             
                                                                                                                                
     Page 19, line 10, following "requirements;":                                                                               
     Insert "or"                                                                                                                
                                                                                                                                
     Page 19, lines 12 - 13:                                                                                                    
     Delete "or                                                                                                                 
     (C) fails to comply with program requirements;"                                                                            
                                                                                                                                
     Page 19, following line 16:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 29. AS 33.16.060 is  amended by adding a new                                                                
     subsection to read:                                                                                                        
     (c)  The board shall  establish a program for a parolee                                                                    
     who  has   conditions  of   parole  that   include  not                                                                    
     consuming controlled substances  or alcoholic beverages                                                                    
     and who  has been  identified as  being at  moderate to                                                                    
     high  risk as  identified by  a risk-needs  assessment.                                                                    
     The program must                                                                                                           
     (1)   include random  testing for  controlled substance                                                                    
     and alcoholic beverage use;                                                                                                
     (2)    require that  a  parole  officer file  a  parole                                                                    
     violation report by the close  of the next business day                                                                    
     if a parolee                                                                                                               
     (A)  fails to appear  for an appointment as directed by                                                                    
     the parole officer; or                                                                                                     
     (B)     tests  positive  for  the   use  of  controlled                                                                    
     substances or alcoholic beverages; and                                                                                     
     (3)   include a means to  notify the board by  close of                                                                    
     business  on  the  next  business  day  that  a  parole                                                                    
     violation report has been filed  on a parolee placed in                                                                    
     the program by the board.                                                                                                  
        * Sec. 30. AS 33.16.150(b) is amended to read:                                                                        
     (b)   The board may  require as a condition  of special                                                                    
     medical,  discretionary,  or  mandatory  parole,  or  a                                                                    
     member of the  board acting for the board  under (e) of                                                                    
     this section  may require as  a condition  of mandatory                                                                    
     parole, that a prisoner released on parole                                                                                 
     (1)   not  possess  or control  a  defensive weapon,  a                                                                    
     deadly weapon other than an  ordinary pocket knife with                                                                    
     a blade three  inches or less in  length, or ammunition                                                                    
     for a firearm, or reside  in a residence where there is                                                                    
     a firearm  capable of being  concealed on  one's person                                                                    
     or  a prohibited  weapon;  in  this paragraph,  "deadly                                                                    
     weapon,"  "defensive weapon,"  and  "firearm" have  the                                                                    
     meanings   given  in   AS 11.81.900,  and   "prohibited                                                                    
     weapon" has the meaning given in AS 11.61.200;                                                                             
     (2)   refrain  from possessing  or consuming  alcoholic                                                                    
     beverages;                                                                                                                 
     (3)   submit to reasonable  searches and seizures  by a                                                                    
     parole  officer, or  a peace  officer acting  under the                                                                    
     direction of a parole officer;                                                                                             
     (4)   submit to appropriate medical,  mental health, or                                                                    
     controlled    substance    or   alcohol    examination,                                                                    
     treatment, or counseling;                                                                                                  
     (5)    submit  to  periodic  examinations  designed  to                                                                    
     detect  the use  of alcohol  or controlled  substances;                                                                    
     the  periodic examinations  may  include testing  under                                                                
     the program established under AS 33.16.060(c);                                                                         
     (6)   make restitution  ordered by the  court according                                                                    
     to a schedule established by the board;                                                                                    
     (7)   refrain  from  opening, maintaining,  or using  a                                                                    
     checking account or charge account;                                                                                        
     (8)  refrain  from entering into a  contract other than                                                                    
     a prenuptial contract or a marriage contract;                                                                              
     (9)  refrain from operating a motor vehicle;                                                                               
     (10)   refrain  from  entering  an establishment  where                                                                    
     alcoholic  beverages  are  served, sold,  or  otherwise                                                                    
     dispensed;                                                                                                                 
     (11)  refrain from  participating in any other activity                                                                    
     or   conduct  reasonably   related  to   the  parolee's                                                                    
     offense,  prior  record,  behavior or  prior  behavior,                                                                    
     current  circumstances,   or  perceived  risk   to  the                                                                    
     community, or  from associating  with any  other person                                                                    
     that  the  board  determines is  reasonably  likely  to                                                                    
     diminish the  rehabilitative goals  of parole,  or that                                                                    
     may  endanger  the  public;  in  the  case  of  special                                                                    
     medical  parole,  for  a   prisoner  diagnosed  with  a                                                                    
     communicable  disease, comply  with  conditions set  by                                                                    
     the board  designed to prevent the  transmission of the                                                                    
     disease."                                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 20, lines 20 - 22:                                                                                                    
     Delete "and  provide to  the legislature  by January 15                                                                
     during the  First Regular Session of  each legislature,                                                                
     a report,  summarizing the findings and  results of the                                                                
     program"                                                                                                               
                                                                                                                                
     Page 21, line 5:                                                                                                           
     Following "provide":                                                                                                       
     Insert ", on-site or by referral,"                                                                                         
     Following "abuse":                                                                                                         
     Insert "or mental health treatment"                                                                                        
                                                                                                                                
     Page 21, line 6:                                                                                                           
     Delete "full-time"                                                                                                         
     Following "employment":                                                                                                    
     Insert ", vocational training, or community volunteer                                                                      
     activities"                                                                                                                
                                                                                                                                
     Page 21, lines 7 - 8:                                                                                                      
     Delete "150 days"                                                                                                          
     Insert "one year"                                                                                                          
                                                                                                                                
     Page 22, line 1, following "two":                                                                                          
       Insert "nonvoting members, serving ex officio, who                                                                       
     are"                                                                                                                       
                                                                                                                                
     Page 22, line 3, following "two":                                                                                          
       Insert "nonvoting members, serving ex officio, who                                                                       
     are"                                                                                                                       
                                                                                                                                
     Page 25, line 6:                                                                                                           
     Delete "secs. 1 - 29 and 31 - 36"                                                                                          
     Insert "secs. 1 - 30 and 32 - 37"                                                                                          
                                                                                                                                
     Page 25, line 8:                                                                                                           
     Delete "sec. 23"                                                                                                           
     Insert "sec. 22"                                                                                                           
                                                                                                                                
     Page 25, lines 8 - 9:                                                                                                      
     Delete "sec. 24"                                                                                                           
     Insert "sec. 23"                                                                                                           
                                                                                                                                
     Page 25, line 9:                                                                                                           
     Delete "sec. 25"                                                                                                           
     Insert "sec. 24"                                                                                                           
                                                                                                                                
     Page 25, line 10:                                                                                                          
     Delete "sec. 26"                                                                                                           
     Insert "sec. 25"                                                                                                           
     Delete "sec. 27"                                                                                                           
     Insert "sec. 26"                                                                                                           
                                                                                                                                
     Page 25, line 11:                                                                                                          
     Delete "sec. 28"                                                                                                           
     Insert "sec. 27"                                                                                                           
                                                                                                                                
     Page 25, line 12:                                                                                                          
     Delete "secs. 1 - 29 and 31 - 36"                                                                                          
     Insert "secs. 1 - 30 and 32 - 37"                                                                                          
                                                                                                                                
     Page 25, line 13:                                                                                                          
     Delete "secs. 1 - 29 and 31 - 36"                                                                                          
     Insert "secs. 1 - 30 and 32 - 37"                                                                                          
                                                                                                                                
     Page 25, line 17:                                                                                                          
     Delete "sec. 32"                                                                                                           
     Insert "sec. 33"                                                                                                           
                                                                                                                                
     Page 25, line 19:                                                                                                          
     Delete "sec. 32"                                                                                                           
     Insert "sec. 33"                                                                                                           
                                                                                                                                
     Page 25, line 21:                                                                                                          
     Delete "Section 30"                                                                                                        
     Insert "Section 31"                                                                                                        
                                                                                                                                
CHAIR COGHILL said he'd like to study Amendment G.7 further                                                                     
before going forward. He asked Senator Olson if he had an                                                                       
amendment to offer.                                                                                                             
                                                                                                                                
2:52:16 PM                                                                                                                    
SENATOR OLSON said the concept was embodied in Senator Dyson's                                                                  
amendment.                                                                                                                      
                                                                                                                                
CHAIR COGHILL stated his expectation to take public testimony on                                                                
Friday.                                                                                                                         

Document Name Date/Time Subjects