Legislature(2023 - 2024)BUTROVICH 205

03/22/2023 01:30 PM Senate JUDICIARY

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01:48:40 PM Start
01:49:23 PM Presentation(s): Alaska Court Rules and Grand Jury Overview
02:38:17 PM SB64
03:09:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Presentation: Discussion of Court Rules and Grand
Jury by Nancy Meade, General Counsel, Alaska
Court System John Skidmore, Deputy Attorney
General, Criminal Division, Department of Law
-- Testimony <Invitation Only> --
*+ SB 64 CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC. TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= SB 53 FIVE-YEAR INVOLUNTARY COMMITMENTS TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+= SB 37 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 22, 2023                                                                                         
                           1:48 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator Jesse Kiehl, Vice Chair                                                                                                 
Senator James Kaufman                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Cathy Giessel                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): ALASKA COURT RULES AND GRAND JURY OVERVIEW                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
SENATE BILL NO. 64                                                                                                              
"An Act relating to homicide resulting from conduct involving                                                                   
controlled substances; relating to the computation of good time;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 53                                                                                                              
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
SENATE BILL NO. 37                                                                                                              
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/08/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/23       (S)       JUD, FIN                                                                                               
03/22/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Offices                                                                                                          
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified and answered questions during the                                                               
Alaska Court Rules and Grand Jury Overview.                                                                                     
                                                                                                                                
JOHN SKIDMORE, Deputy Attorney General                                                                                          
Office of the Attorney General                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Introduced SB 64 and responded to questions                                                               
about the Alaska Rules and Grand Jury Overview.                                                                                 
                                                                                                                                
SANDY SNODGRASS, Chief Executive Officer                                                                                        
AK Fentanyl Response Project                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
KAREN MALCOLM-SMITH, Founder                                                                                                    
The David Dylan Foundation                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
STACY EISERT, representing self                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
JULIE BOUCHARD, representing self                                                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:48:40 PM                                                                                                                    
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee                                                              
meeting to order at 1:48 p.m. Present at the call to order were                                                                 
Senators Kaufman, Tobin, Kiehl and Chair Claman.                                                                                
                                                                                                                                
^PRESENTATION(S): Alaska Court Rules and Grand Jury Overview                                                                    
  PRESENTATION(S): ALASKA COURT RULES AND GRAND JURY OVERVIEW                                                               
                                                                                                                                
1:49:23 PM                                                                                                                    
CHAIR CLAMAN  announced the  overview of  the Alaska  Court Rules                                                               
and Grand Jury.                                                                                                                 
                                                                                                                                
1:49:48 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Offices,  Alaska                                                               
Court System, Anchorage, Alaska, provided  a summary of the grand                                                               
jury  process and  functions.  She relayed  that  she planned  to                                                               
speak  about a  recent court  rule change  related to  grand jury                                                               
functions. She offered  to answer questions related  to the grand                                                               
jury process.                                                                                                                   
                                                                                                                                
1:50:26 PM                                                                                                                    
MS. MEADE informed  the committee that a grand  jury is comprised                                                               
of  12-18   citizens  empowered  by  law   to  consider  evidence                                                               
presented  by a  prosecutor. The  grand jury  decides whether  to                                                               
issue a  true bill of indictment  or a "not true  bill,  when the                                                               
evidence  presented  is  not substantial  enough  to  charge  the                                                               
defendant.  She  explained  that  the   grand  jury  is  a  legal                                                               
proceeding used  to ensure that  the state has probable  cause to                                                               
believe  that  a  crime  was  committed  by  the  defendant.  She                                                               
remarked that  a grand  jury serves for  an established  time and                                                               
hears  felony  charges only.  The  grand  jury process  continues                                                               
until the prosecutor concludes the case presentations.                                                                          
                                                                                                                                
MS.  MEADE explained  that  the  grand jury  presents  a list  of                                                               
indictments    and   decisions    following   the    prosecutor's                                                               
presentation.  A judge  then accepts  the grand  jury's list  and                                                               
recommendations.  A  grand jury  might  hear  multiple cases  per                                                               
sitting. She added  that the grand jury  proceedings are private.                                                               
The secrecy of the proceedings  protects the target, protects the                                                               
grand jurors,  and prevents  the target  from interfering  in the                                                               
proceedings. The  secrecy also allows  witnesses to  provide full                                                               
and frank disclosure of the facts without fear.                                                                                 
                                                                                                                                
MS.  MEADE  stated that  a  grand  jury proceeding  houses  12-18                                                               
jurors: the prosecutor presenting  the evidence, witnesses called                                                               
by  the prosecutor,  and  a court  clerk  recording the  hearing.                                                               
Witnesses are not  allowed to bring an attorney.  The evidence is                                                               
presented by  the prosecutor alone  and the defense is  unable to                                                               
rebut the  evidence. The grand  jury proceeding is  a preliminary                                                               
step to  ensure that the state  has probable cause to  continue a                                                               
felony case.                                                                                                                    
                                                                                                                                
1:53:58 PM                                                                                                                    
MS.  MEADE explained  that the  Alaska  Constitution, Article  1,                                                               
Section 8 states  that "the power of grand  juries to investigate                                                               
and  provide recommendations  concerning  the  public welfare  or                                                               
safety should never  be suspended." This power led  to the recent                                                               
court rule  changes. She remarked  that the  constitutional right                                                               
was exercised rarely in the past.  She cited the history of grand                                                               
jury  investigations in  1985 related  to Governor  Sheffield and                                                               
irregularities  found with  awarding  a  contract. She  furthered                                                               
that an  investigative grand  jury was  convened by  the attorney                                                               
general   resulting   in   a  report   recommending   impeachment                                                               
proceedings against Governor Sheffield.                                                                                         
                                                                                                                                
MS. MEADE  continued that the  next investigative grand  jury was                                                               
summoned  in 1990  when  the attorney  general  submitted a  case                                                               
concerning a  teacher in  the Anchorage  School District  who was                                                               
allegedly having  inappropriate relationships with  students. The                                                               
police  department   was  involved  in  the   investigation.  She                                                               
recalled  that litigation  termed the  O'Leary case  alleged that                                                               
the power of  the grand jury to investigate  should be completely                                                               
unfettered.   The  court   disagreed   with   the  analysis   and                                                               
recommended continued constraints.                                                                                              
                                                                                                                                
1:56:47 PM                                                                                                                    
MS. MEADE  elaborated that the  next grand jury  investigation in                                                               
Alaska occurred in  2015. She mentioned that  a legislator wished                                                               
to have  a grand  jury assess the  Office of  Children's Services                                                               
(OCS) for  perceived irregularities.  The request was  brought to                                                               
the attorney  general's office and presented  to an investigative                                                               
grand jury. The final report  concluded that the issue was better                                                               
addressed by the  Office of the Ombudsman  within the legislative                                                               
branch.                                                                                                                         
                                                                                                                                
MS. MEADE continued  to provide a history  of investigative grand                                                               
juries  in Alaska.  She  noted  that in  2022,  there were  three                                                               
different requests  brought to the court's  attention by citizens                                                               
requesting an  investigative grand  jury. She explained  that the                                                               
court  system lacked  adequate procedures  to honor  the requests                                                               
consistently across  the districts. The three  different requests                                                               
came  to  the  attention  of  three  different  judges  in  three                                                               
different courts. The  issue came to the attention  of the Alaska                                                               
Supreme Court, which  has the constitutional power  to make rules                                                               
of practice and procedure.                                                                                                      
                                                                                                                                
MS.  MEADE discussed  the  Alaska Supreme  Court  rules of  court                                                               
including criminal,  minor offense, civil and  probate rules. She                                                               
reminded the  committee that  Article 4,  Section 15  states that                                                               
the Alaska  Supreme Court shall  adopt these rules.  Before 2022,                                                               
concerned citizens  approached the  attorney general's  office to                                                               
request an investigative  grand jury. She stated  that the Alaska                                                               
Supreme  Court determined  that  it  required recommendations  to                                                               
approach the  issue and a  group was commissioned to  develop the                                                               
recommendations.   She  added   that  the   recommendations  were                                                               
considered  by  the  Alaska  Supreme  Court,  which  led  to  the                                                               
adoption of change  to Criminal Rules 6 and 6.1.  She stated that                                                               
Criminal  Rule  6  relates  to indictments  in  a  criminal  case                                                               
through the  grand jury process.  The rule addresses  issues such                                                               
as how a grand jury is  summoned, how a foreperson is chosen, and                                                               
where they  will meet.  In addition,  the court  adopted explicit                                                               
changes related to summoning an investigative grand jury.                                                                       
                                                                                                                                
2:00:14 PM                                                                                                                    
MS.  MEADE referred  to "In  the Supreme  Court of  the State  of                                                               
Alaska Order  No. 1993.   She pointed  out changes  on page  2 to                                                               
Criminal Rule 6.1. The Alaska  Supreme Court provided rules about                                                               
public  welfare and  safety matters  that  lead to  a grand  jury                                                               
investigation. She added that subsection  (b) on page 4 addresses                                                               
a  grand  juror requesting  an  investigation  related to  public                                                               
welfare and  safety. She  cited a statute  stating that  a seated                                                               
grand juror  can bring up  issues to fellow grand  jurors related                                                               
to investigations.                                                                                                              
                                                                                                                                
2:01:19 PM                                                                                                                    
MS.  MEADE moved  to  page 5  of the  order  related to  citizens                                                               
requesting an investigative grand jury.  She noted no gap in past                                                               
procedures  because citizens  routinely  approached the  district                                                               
attorney for  investigative grand juries. To  provide consistency                                                               
and  clarity,  the Alaska  Supreme  Court  developed the  updated                                                               
court  rules. The  new  rules  allow a  citizen  to direct  their                                                               
concern  to the  attorney  general's office  where  the issue  is                                                               
reviewed   for  a   grand  jury   proceeding   and  possibly   an                                                               
investigation.                                                                                                                  
                                                                                                                                
MS.  MEADE noted  criticism and  comments from  people seeking  a                                                               
citizen-led grand jury. The concerned  citizens fear that the new                                                               
court  rule   suspends  or   curbs  constitutional   rights.  She                                                               
clarified  that the  court  rule  effectuates constitutional  and                                                               
statutory rights  by clearly ensuring that  people understand how                                                               
to proceed  when seeking an  investigative grand jury.  She added                                                               
that the prosecutor brings criminal  cases to the grand jury. The                                                               
court  rule  ensures that  the  grand  jury considers  admissible                                                               
evidence   and  is   led   formally  down   a   path  toward   an                                                               
investigation.                                                                                                                  
                                                                                                                                
2:03:17 PM                                                                                                                    
SENATOR  KAUFMAN  asked  about   the  reason  for  the  differing                                                               
opinions related to summoning a grand jury investigation.                                                                       
                                                                                                                                
MS.  MEADE  replied  that three  people  requested  investigative                                                               
grand juries  in three different  areas of the state.  One person                                                               
requested  that  the grand  jury  investigate  problems with  the                                                               
judicial  system.  She  mentioned  an  allegation  of  corruption                                                               
permeating different  legal entities. She sensed  that the person                                                               
found it  improper for the Alaska  Supreme Court to adopt  a rule                                                               
that would guide  a person to the attorney  general's office. She                                                               
noted  that the  court  rule  has provisions  for  a conflict  of                                                               
interest with the attorney general's  office. She stated that the                                                               
rule  ensures that  the attorney  general can  appoint a  neutral                                                               
prosecutor to lead the investigation.  She added that a person on                                                               
the grand  jury who  believed there was  a continued  conflict of                                                               
interest without  appropriate prosecution  could bring  the issue                                                               
to the judge's attention.                                                                                                       
                                                                                                                                
2:06:00 PM                                                                                                                    
CHAIR  CLAMAN  asked  about  the process  used  when  the  Alaska                                                               
Supreme Court adopts new criminal rules.                                                                                        
                                                                                                                                
MS.  MEADE  replied  that  the   Alaska  Supreme  Court  receives                                                               
recommendations for  rule changes from a  rules committee. Alaska                                                               
has  eight standing  rules committees  with members  appointed by                                                               
the Alaska Supreme  Court. She explained that  the Criminal Rules                                                               
Committee and  Civil Rules Committee consider  proposals and make                                                               
recommendations to the  Alaska Supreme Court. She  added that the                                                               
Alaska Supreme Court  also has the authority,  when necessary, to                                                               
adopt rules in  another manner. After adopting  the rule changes,                                                               
the court may ask the rules committees for additional analysis.                                                                 
                                                                                                                                
CHAIR  CLAMAN   asked  how  the   Criminal  Rules   Committee  is                                                               
populated.                                                                                                                      
                                                                                                                                
MS.  MEADE  responded  that  the   Criminal  Rules  Committee  is                                                               
comprised of  thirteen members, including  five judges,  and four                                                               
people  with a  prosecutorial  outlook. She  furthered that  four                                                               
defense attorneys,  two private defense lawyers,  and an attorney                                                               
from the Office  of Public Advocacy (OPA)  complete the committee                                                               
makeup.  She  noted that  the  Alaska  Supreme Court  appoints  a                                                               
balanced committee to allow a full airing of the issues.                                                                        
                                                                                                                                
2:09:36 PM                                                                                                                    
SENATOR  KIEHL   asked  for   additional  information   about  an                                                               
investigative grand jury.                                                                                                       
                                                                                                                                
MS.  MEADE suggested  that  the  query was  best  suited for  the                                                               
Department  of Law.  She noted  that the  rule change  leaves the                                                               
conduct of the  grand jury to the attorney  general's office. She                                                               
noted that some  aspects of grand jury selection are  left in the                                                               
hands  of  the  Department  of  Law. She  admitted  her  lack  of                                                               
knowledge about the investigative grand jury selection.                                                                         
                                                                                                                                
2:11:26 PM                                                                                                                    
SENATOR KIEHL reported that some  Alaska delegates struggled with                                                               
understanding   the    differences   between    traditional   and                                                               
investigative   grand   juries.   He   requested   further   help                                                               
understanding  how  investigations  are   summoned  by  a  person                                                               
sitting on a grand jury.                                                                                                        
                                                                                                                                
2:12:31 PM                                                                                                                    
MS. MEADE noted that in 1959  grand juries met about once a year.                                                               
She stated  that a person can  waive a grand jury,  but currently                                                               
few do.  She referred  to the Alaska  Supreme Court  order, 1993,                                                               
beginning on  page 4,  new rule 6.1(b),  "grand juror  request to                                                               
investigate a  manner of public  welfare or safety."  She quoted,                                                               
"An  individual  grand  juror  may  propose  to  the  prosecuting                                                               
attorney that the grand jury  investigate a matter concerning the                                                               
public welfare or safety."                                                                                                      
                                                                                                                                
2:15:06 PM                                                                                                                    
MS. MEADE explained that shortly  after the effective date of the                                                               
new  court  rule,  the  Alaska  Supreme  Court  reconsidered  one                                                               
change. She noted that the  original change stated that  the same                                                               
grand jury  who investigates  should not  thereafter be  the same                                                               
individuals who consider the possibility  of an indictment.  Upon                                                               
reconsideration, the  Alaska Supreme Court reviewed  minutes from                                                               
the Alaska  Constitutional Convention leading them  to remove the                                                               
restriction.  The prosecutor  is no  longer prohibited  from both                                                               
investigating  and indicting  with the  same sets  of facts.  The                                                               
change  she referred  to  was titled  the   Alaska Supreme  Court                                                               
Order 2000, effective February 6, 2023."                                                                                        
                                                                                                                                
CHAIR CLAMAN welcomed Mr. Skidmore  to contribute to the overview                                                               
of grand juries and court rules.                                                                                                
                                                                                                                                
2:17:29 PM                                                                                                                    
JOHN SKIDMORE,  Deputy Attorney General,  Office of  the Attorney                                                               
General,  Criminal   Division,  Department  of   Law,  Anchorage,                                                               
Alaska, echoed and  agreed with Ms. Meade's  comments. He offered                                                               
to answer  the query about the  differences between investigative                                                               
and  other  sitting  grand  juries. He  noted  that  the  primary                                                               
function of the grand jury is  to screen cases and decide whether                                                               
a person ought to be tried  for a felony charge. An investigative                                                               
grand  jury can  address criminal  matters  and is  similar to  a                                                               
federal grand  jury. The  grand jury  process can  be used  as an                                                               
investigative  function  in  cases  where it  is  cumbersome  for                                                               
police to investigate  a case. A grand jury subpoena  need not be                                                               
based  on  probable  cause, while  a  police  department  seeking                                                               
records, must have a search warrant to obtain them.                                                                             
                                                                                                                                
MR.  SKIDMORE   continued  that   grand  juries   serve  subpoena                                                               
authority, involve  citizen participation, and grant  immunity to                                                               
certain  witnesses via  closed  proceedings.  He highlighted  the                                                               
grand  jury's secrecy  requirements.  Investigative grand  juries                                                               
are  generally  considered  for racketeering  or  drug  operation                                                               
cases. He  stated that  the grand jury  process can  be powerful,                                                               
however,  investigative  grand  juries typically  address  public                                                               
welfare or  safety as opposed  to criminal matters.  Grand juries                                                               
were traditionally convened once a  year to consider state issues                                                               
of citizen concern.                                                                                                             
                                                                                                                                
2:21:39 PM                                                                                                                    
CHAIR CLAMAN  understood that federal investigative  grand juries                                                               
outnumber  state  investigative grand  juries.  He  asked if  the                                                               
federal power  for investigative grand juries  was different than                                                               
the state's power.                                                                                                              
                                                                                                                                
MR. SKIDMORE  responded that the  State of Alaska can  conduct an                                                               
investigatory grand  jury to  charge a crime,  but cases  of that                                                               
nature are rare. He noted the  different types of conduct a state                                                               
assesses  versus a  federal  grand jury.  He  explained that  the                                                               
Alaska State Ombudsman was enacted  by law in 1975. The ombudsman                                                               
office now  receives complaints related to  the state government.                                                               
He shared  the ombudsman statute, AS  24.55.010-340, that enables                                                               
the investigation  of issues and  when appropriate,  refers cases                                                               
to a grand jury. He added  that the ombudsman adopted some of the                                                               
prior  grand jury  investigations  related to  public welfare  or                                                               
safety within the  state. He stated an example of  a recent grand                                                               
jury  investigation  involving  OCS  that  was  resolved  with  a                                                               
referral  to  the ombudsman's  office.  He  noted that  the  rule                                                               
change  was  designed  for  citizens   requesting  a  grand  jury                                                               
proceeding. He  clarified that  a neutral  prosecutor might  be a                                                               
member of  the Department  of Law through  the Office  of Special                                                               
Prosecutions. He acknowledged that some  cases are best served by                                                               
an attorney appointed from outside the department.                                                                              
                                                                                                                                
2:25:20 PM                                                                                                                    
MR. SKIDMORE  offered to respond  to further questions  about the                                                               
grand jury process or new court rules.                                                                                          
                                                                                                                                
2:26:08 PM                                                                                                                    
SENATOR  KIEHL asked  Mr. Skidmore  about  a comment  originating                                                               
from the Alaska  Supreme Court stating that  decisions about what                                                               
to present to the grand jury rest with the executive branch.                                                                    
                                                                                                                                
MR. SKIDMORE  replied that the  grand jury  is a function  of two                                                               
branches  of  government  that  must  cooperate;  these  are  the                                                               
judicial  and  executive branches.  The  judicial  branch is  the                                                               
entity  that can  summon a  grand  jury and  review decisions  to                                                               
determine  whether  they follow  the  law.  The presentations  of                                                               
evidence by  the grand  jury occur via  the executive  branch. He                                                               
believed  that  the Alaska  Supreme  Court  adopted the  rule  to                                                               
indicate that the  executive branch would review  the issue first                                                               
to determine  whether the public  welfare or safety  threshold is                                                               
met. The  executive branch intends  to bring any case  that meets                                                               
the threshold  of public welfare  or safety  to a grand  jury. He                                                               
added  that  grand  juries  are   recognized  to  be  costly  and                                                               
cumbersome but can offer citizens protection.                                                                                   
                                                                                                                                
SENATOR KIEHL stated  that he was grappling  with the requirement                                                               
that the  executive branch serves  as a precursor for  invoking a                                                               
grand jury.                                                                                                                     
                                                                                                                                
2:30:19 PM                                                                                                                    
MS. MEADE  explained that  all grand  jury proceedings  require a                                                               
legal advisor  in the  room, and that  is always  the prosecuting                                                               
attorney.  The  commentary related  to  the  executive branch  is                                                               
pinned on  AS 12.40.070,  which states  that the  prosecutor must                                                               
bring everything  to a grand  jury. She cited Criminal  Rule 6(i)                                                               
 The  prosecuting  attorney  shall prepare  all  indictments  and                                                               
presentments  to the  grand jury,  shall attend  its sittings  to                                                               
advise  it  of   its  duty  and  to  examine   witnesses  in  its                                                               
proceedings."                                                                                                                   
                                                                                                                                
2:31:53 PM                                                                                                                    
SENATOR  KIEHL  discussed  the Alaska  Constitutional  Convention                                                               
delegates  concern with runaway  grand juries. He appreciated the                                                               
description  of the  rules  of evidence.  He  struggled with  the                                                               
constitutional  provision stating  that  the power  of the  grand                                                               
jury should never be suspended.                                                                                                 
                                                                                                                                
2:32:57 PM                                                                                                                    
MS. MEADE agreed that the  Alaska Constitution is worded uniquely                                                               
to clarify  the rights  of the citizens.  The statement  that the                                                               
power  of  the  grand  jury  will not  be  suspended  is  further                                                               
evidence  that  citizens  are  not afforded  a  direct  right  to                                                               
confront a grand jury, but  grand juries themselves can determine                                                               
whether  to move  forward with  an  investigation. She  mentioned                                                               
runaway grand juries in other  jurisdictions that did not utilize                                                               
investigative grand juries. She noted  that the court rule change                                                               
does not suspend the power of the grand jury.                                                                                   
                                                                                                                                
2:34:50 PM                                                                                                                    
MR.  SKIDMORE agreed  with Ms.  Meade's  comments. He  understood                                                               
that the  power should  never be  taken from  the grand  jury. He                                                               
added that  the court rules indicate  how the power of  the grand                                                               
jury should be  exercised. He noted that the  amendments create a                                                               
clear path  for grand jury  functions. He agreed that  most other                                                               
rights articulated in the  Constitutional Convention minutes were                                                               
those  of  the  citizens.  A  grand jury  is  not  an  individual                                                               
citizen's right, but  a power of the body  itself. He highlighted                                                               
significant case law addressing  individuals who approached grand                                                               
juries in an attempt to influence the operation.                                                                                
                                                                                                                                
2:36:23 PM                                                                                                                    
CHAIR  CLAMAN   commented  that   the  language  "shall   not  be                                                               
suspended" held for the recent Covid-19 pandemic closures.                                                                      
                                                                                                                                
MR.  SKIDMORE  responded that  the  grand  jury did  continue  to                                                               
function during the pandemic.                                                                                                   
                                                                                                                                
SENATOR KIEHL noted that the  Alaskans reacting negatively to the                                                               
court rule  are concerned that  the gatekeeper rule has  become a                                                               
bar  to entry.  The gatekeeper  has  become a  suspension of  the                                                               
grand jury's power of inviting new cases.                                                                                       
                                                                                                                                
CHAIR CLAMAN thanked the presenters.                                                                                            
                                                                                                                                
        SB  64-CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.                                                                    
                                                                                                                                
2:38:17 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 64                                                               
"An  Act relating  to homicide  resulting from  conduct involving                                                               
controlled substances; relating to  the computation of good time;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
2:39:26 PM                                                                                                                    
JOHN SKIDMORE,  Deputy Attorney General,  Office of  the Attorney                                                               
General,  Criminal   Division,  Department  of   Law,  Anchorage,                                                               
Alaska,  introduced SB  64 on  behalf of  the administration.  He                                                               
remarked that the annual number  of deaths from drug overdose had                                                               
increased substantially in Alaska.  This requires a response, and                                                               
SB 64 provides  one piece of the proposed  response. He explained                                                               
that  the  provision   in  question  relates  to   the  crime  of                                                               
manslaughter. If  a person knowingly  manufactures or  delivers a                                                               
controlled  substance in  violation  of other  state  laws and  a                                                               
person  dies  as the  direct  result  of  the ingestion  of  that                                                               
controlled substance,  the crime  is classified  as manslaughter,                                                               
which  is   a  Class  A   felony  offense.  Manslaughter   has  a                                                               
presumptive  range  of  four  to seven  years  for  a  first-time                                                               
offender and a maximum of twenty years.                                                                                         
                                                                                                                                
MR. SKIDMORE explained that the  bill would move the provision of                                                               
manslaughter to murder  in the second degree. The  bill lifts the                                                               
provision  because  of the  dramatic  increase  in drug  overdose                                                               
deaths.  He  noted that  the  increase  in  deaths is  driven  by                                                               
fentanyl and methamphetamine poisoning.                                                                                         
                                                                                                                                
2:41:54 PM                                                                                                                    
MR. SKIDMORE  pointed to a  document in the bill  packets titled,                                                               
"Alaska  Department  of  Health   2021  Drug  Overdose  Mortality                                                               
Update." He moved  to the graph on page 5,  "Overdose Death Rates                                                               
by Drug (2012-2021)."  He quoted the language on page  6, "of the                                                               
drugs evaluated  in the report,  the largest increases  were seen                                                               
in overdose  deaths involving fentanyl  (a synthetic  opioid) and                                                               
methamphetamine (a  psychostimulant), increasing 150  percent and                                                               
148  percent,  respectively."  He   added  that  the  ability  to                                                               
prosecute overdose death  cases is limited. The  court must prove                                                               
that the  drugs supplied  were a  direct cause  of death  for the                                                               
person involved. The drugs must  be traced back to the individual                                                               
who  provided them.  The  bill attempts  to  authorize a  greater                                                               
penalty associated with engaging in the conduct.                                                                                
                                                                                                                                
2:44:33 PM                                                                                                                    
CHAIR CLAMAN moved to invited testimony.                                                                                        
                                                                                                                                
2:45:21 PM                                                                                                                    
SANDY SNODGRASS,  CEO, AK  Fentanyl Response  Project, Anchorage,                                                               
Alaska,  testified  by  invitation  in  support  of  SB  64.  She                                                               
reported  that  her  son,  Robert   Bruce  Snodgrass,  died  from                                                               
fentanyl  poisoning  in  Anchorage  on October  21,  2021.  Since                                                               
viewing the toxicology report following  her son's death, she has                                                               
worked  in  various  capacities  to  create  a  response  to  the                                                               
fentanyl epidemic.  She utilizes prevention and  outreach efforts                                                               
and SB  64 addresses public  safety. She expressed hope  that the                                                               
legislature  will  consider  moving  the bill  along  to  protect                                                               
Alaska's  children.  She opined  that  SB  64  could be  used  by                                                               
prosecutors  to  negotiate  with lower-level  drug  dealers.  She                                                               
seeks the prosecution of drug  trafficking organizations that are                                                               
targeting  Alaskans because  of  the inflated  prices of  illicit                                                               
drugs  in  rural areas.  She  mentioned  a  newer drug  known  as                                                               
xylazine that is gaining momentum  as another dangerous substance                                                               
and is often paired with fentanyl.                                                                                              
                                                                                                                                
CHAIR CLAMAN expressed condolences for the death of her son.                                                                    
                                                                                                                                
2:49:01 PM                                                                                                                    
SENATOR  KAUFMAN referred  to an  earlier  conversation with  Ms.                                                               
Snodgrass  where she  compared drug  overdose deaths  to aircraft                                                               
crashes.  He asked  her to  share the  comparison with  the other                                                               
committee members.                                                                                                              
                                                                                                                                
MS. SNODGRASS  offered the estimate  that 300 Americans  die from                                                               
drug-related  overdoses  every  day  in the  United  States.  She                                                               
pointed out that  300 people can travel on a  jumbo jet therefore                                                               
the  daily deaths  were analogous  to  a daily  plane crash.  She                                                               
presumed that the country would  cease all flying operations if a                                                               
jet crashed, killing  300 people every day.  She acknowledged the                                                               
lack  of response  to the  increase in  drug overdose  deaths and                                                               
fentanyl poisoning.                                                                                                             
                                                                                                                                
SENATOR KAUFMAN  offered to connect Ms.  Snodgrass with community                                                               
councils  and   other  community  meetings.  He   asked  how  the                                                               
legislature might otherwise signal the issue in Alaska.                                                                         
                                                                                                                                
MS.  SNODGRASS  reminded  the   committee  about  her  grassroots                                                               
efforts through  the AK Fentanyl  Response Project,  a community-                                                               
based  organization  used  to  educate  Alaskans  about  fentanyl                                                               
poisoning.  She noted  that her  organization works  closely with                                                               
the  Alaska  Drug  Enforcement Administration  (DEA)  to  provide                                                               
Naloxone  training and  distribution.  She  provided an  anecdote                                                               
about utilizing Naloxone to save a life in Washington, DC.                                                                      
                                                                                                                                
2:53:13 PM                                                                                                                    
CHAIR  CLAMAN   stated  that   he  appreciated   having  Naloxone                                                               
available. He asked  about her priority of  targeting larger drug                                                               
trafficking  organizations  versus  street dealers.  He  wondered                                                               
about the distinction.                                                                                                          
                                                                                                                                
MS. SNODGRASS replied that the person  who sold her son the drugs                                                               
that  led to  his death  was likely  a person  with an  addiction                                                               
disorder. She  did not  believe that  prison was  the appropriate                                                               
place  for  low-level  drug  dealers  unless  they  have  a  long                                                               
criminal history and  are felons. She stated that  the person who                                                               
sold or shared drugs with her  son was likely a friend who needed                                                               
help  with addiction  rather than  a prison  sentence. She  hoped                                                               
that large drug distribution organizations  would be disabled and                                                               
that people who profit from suffering would go to prison.                                                                       
                                                                                                                                
2:54:40 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on SB 64.                                                                                  
                                                                                                                                
KAREN MALCOLM-SMITH, Founder,  David Dylan Foundation, Anchorage,                                                               
Alaska, stated that  she is a member of the  Alaska Mental Health                                                               
Advisory Board,  but her statement  did not reflect  the opinions                                                               
or  recommendations of  that board.  She  informed the  committee                                                               
that her 25-year-old son, Dylan, passed  away in 2017 from a drug                                                               
overdose  death.  She  started  the  David  Dylan  Foundation  to                                                               
provide education about fentanyl poisoning.                                                                                     
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:01:52 PM                                                                                                                    
STACY EISERT, representing self,  Anchorage, Alaska, testified in                                                               
support of  SB 64 and the  companion House bill. She  stated that                                                               
she lost  her son to fentanyl  poisoning. On March 10,  2021, her                                                               
son  ingested drugs  laced  with fentanyl.  She  spoke about  the                                                               
tragic loss  of her son. She  perceived that her son's  death was                                                               
an  act  of   homicide  by  people  who   knowingly  delivered  a                                                               
controlled substance. She  wondered how many more  lives would be                                                               
ruined  by  the  blatant  acts of  homicide.  She  advocated  for                                                               
consequences for trafficking dangerous substances.                                                                              
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:05:45 PM                                                                                                                    
JULIE BOUCHARD,  representing self, Palmer, Alaska,  testified in                                                               
support  of SB  64. She  reported  that her  21-year-old son  was                                                               
killed by  a lethal  dose of  fentanyl. She  held the  person who                                                               
sold her son  drugs responsible for his death. She  noted that an                                                               
open trooper investigation was ongoing,  which prevented her from                                                               
sharing  too  many  details.  She  reported  knowing  five  other                                                               
Alaskan  mothers who  lost children  to  fentanyl poisoning.  She                                                               
remarked  about the  58 percent  increase  in fentanyl  poisoning                                                               
deaths  in Alaska.  She believed  that a  person found  guilty of                                                               
selling fentanyl-laced  products should  be charged  with second-                                                               
degree murder.                                                                                                                  
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:08:48 PM                                                                                                                    
CHAIR CLAMAN closed  public testimony on SB 64 and  held the bill                                                               
for further review.                                                                                                             
                                                                                                                                
3:09:35 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Claman adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 3:09 p.m.                                                                                                            

Document Name Date/Time Subjects
Order No. 1993 - Amending Criminal Rule 6 and Criminal Rule 6.1 concerning grand jury 12.1.2022.pdf SJUD 3/22/2023 1:30:00 PM
Order No. 2000 - Amending the Criminal Rule 6.1 concerning grand jury 2.6.2023.pdf SJUD 3/22/2023 1:30:00 PM
SB 64 version A 2.8.2023.PDF SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Transmittal Letter version A 2.7.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Highlights version A 2.8.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Sectional Analysis version A 2.8.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Additional Document - Alaska Department of Health Drug Overdose Mortality Update 2021 7.25.2022.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Additional Document - Controlled Substances Reference Chart 3.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOA-OPA 2.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOA-PDA 2.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOC-IDO 1.28.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DFCS-JJ 1.30.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DPS-ABI 1.24.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note LAW-CRIM 1.4.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64