Legislature(2023 - 2024)BUTROVICH 205
01/19/2024 01:30 PM Senate JUDICIARY
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Audio | Topic |
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HB28 | |
SB17 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 28 | TELECONFERENCED | |
+ | SB 17 | TELECONFERENCED | |
HB 28-ACCESS TO MARIJUANA CONVICTION RECORDS [The Senate companion bill is SB 100.] 1:31:26 PM CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL NO. 28(FIN) "An Act restricting the release of certain records of convictions; and providing for an effective date." This is the first hearing of this bill in the Senate Judiciary Committee. CHAIR CLAMAN invited Representative Wright and Mr. Wolfe to put themselves on the record and present the bill. 1:31:52 PM REPRESENTATIVE STANLEY WRIGHT, District 22, Alaska State Legislature, Juneau, Alaska, sponsor of HB 28, introduced the bill. He stated that this meaningful legislation is an important and necessary step for individuals convicted of low-level cannabis possession. It will open opportunities, reduce barriers, and help many people. Individuals want to rent apartments and get jobs, but their online records prevent their candidacy. He explained that many Alaskans statewide have been looking forward to this bill to move on with their lives and reach their full potential. He advocates for this legislation for this reason. He paraphrased the following sponsor statement: [Original punctuation provided.] Sponsor Statement Alaskans voted to legalize the cultivation, sale, and possession and recreational use of marijuana for persons 21 years of age or older in 2014. Despite this change in state law, some Alaskans remain blocked from employment and housing and other opportunities due to previous marijuana possession convictions that today are recognized as non-criminal activities. House Bill 28 would make confidential the records of individuals who were convicted of minor marijuana crimes, were 21 years of age or older at the time of the offense and were not charged with any other crimes in the same incident. These records would automatically be removed from CourtView. The records would also be removed from some background checks administered by the Department of Public Safety, if requested by the convicted individual. According to figures provided by the Alaska Department of Public Safety, not less than 8,000 Alaskans are hindered in day to day life by marijuana convictions that are eligible for the confidentiality protections in this bill. This bill would recategorize low level marijuana offenses for individuals 18-21 years of age from Class B misdemeanors to minor violations punishable by a fine and eliminate unnecessary use of judiciary resources for court hearings. It would also prohibit the Alaska Court System from publishing records of these violations on CourtView, from the effective date of the bill going forward. With Alaskans having spoken by means of legalization of marijuana this bill would allow those that by today's standards would not be considered as a criminal offender to move forward with their life without the obstruction that can be incurred by such a conviction on one's record while still allowing provisions for adequate access to background or statistical information for those appropriate agencies. 1:34:10 PM FORREST WOLFE, Staff, Senator Stanley Wright, Alaska State Legislature, Juneau, Alaska, presented the following sectional analysis for HB 28. [Original punctuation provided.] Sectional Analysis for Version U Section 1: Intent language stating the intent of the bill is to reduce barriers to employment and other basic daily functions for individuals who under past statutes were convicted of low-level marijuana related crimes. Section 2: Describes when, why, and to which agencies or organizations the criminal justice information protected in this bill may be released. Section 3: Establishes that an agency may not release criminal justice information for low-level, non- violent, marijuana possession charges which are no longer crimes under current statute. Section 4: Establishes that records relating to the individuals and occurrences in this bill shall not be publicly published by the Alaska Court System. Additionally establishes that the Court System will state on its website that certain court records have been removed from the website and provide information on how to obtain information removed from public view. Section 5: Establishes the effective date of January 1, 2024. 1:35:38 PM CHAIR CLAMAN noted that Section 5 indicates an effective date of January 1, 2024. He sought confirmation that an amendment would update the effective date. MR. WOLFE replied that the intent was for HB 28 to go into effect this year. He said the year of the effective date will change to 2025. 1:36:09 PM SENATOR TOBIN said HB 28 is an excellent bill. She asked why the bill includes a date in the intent language on page 1, line 8, and the rationale behind choosing that particular date. MR. WOLFE replied that he is not certain there was a particular significance other than the drafters did it that way. The sponsor did not specifically request that date. 1:36:37 PM CHAIR CLAMAN asked Senator Tobin whether there is a significant difference between the bill she sponsored and HB 28. SENATOR TOBIN replied that HB 28 was amended by the House when it went through the House committee process. So, there are differences between the original bill and the version before the committee. CHAIR CLAMAN sought confirmation that the House and Senate versions of the bill are no longer identical. SENATOR TOBIN affirmed the bills are no longer identical. 1:37:04 PM SENATOR GIESSEL mentioned a change that deleted a fee for removing an individual's name. She asked why there was a fee in the original bill. MR. WOLFE replied that while a fee was not in the original bill, the House Judiciary Committee members were comfortable adding one since the fee reduced the fiscal note. However, the House Finance Committee removed it. The sponsor is okay with not having a fee in HB 28. 1:37:45 PM SENATOR KIEHL said that HB 28 is a worthy piece of legislation and is glad to see it before the committee. He brought up the subject of hemp products, specifically Delta-8 tetrahydrocannabinol (THC) and Delta-9 THC. He asked whether Delta-8 is a scheduled substance or a commercial substance that falls under hemp rules. MR. WOLFE replied that he did not have that information readily available. He deferred to Ms. Purinton and Ms. Wilcox. 1:39:13 PM CHAIR CLAMAN directed the question to Senator Tobin. SENATOR TOBIN indicated that she did not have an answer to the question. CHAIR CLAMAN invited Ms. Wilcox to come forward to answer the question. LACY WILCOX, Legislative Liaison, Alaska Marijuana Industry Association (AMIA), Juneau, Alaska, conveyed that AMIA is a trade group that represents licensed marijuana companies in Alaska. MS. WILCOX answered the question by focusing her comments on Delta-9 THC, the U.S. Farm Bill, and Alaska regulations. She said Delta-9 THC is known as the "hot hemp" issue. Alaska implemented regulations for the oversight of hemp products. Brick-and-mortar stores that sell such products in Alaska are required to possess a cannabis license. These regulations recently went into effect, and enforcement will follow. While these regulations affect stores in Alaska, young individuals may order these products online for home delivery without committing a crime under the current legal framework. CHAIR CLAMAN asked whether the distinction between hemp and marijuana has any bearing on the legislation before the committee today. MS. WILCOX replied, no impact. 1:41:28 PM CHAIR CLAMAN cited Section 3, paragraph 4 of HB 28, which reads it is the individual who requests the agency "not release the conviction records." He said many individuals do not know how to apply for this request. He asked why the responsibility of making records unavailable falls on the individual rather than the Department of Public Safety, particularly if the legislation is as crucial as the sponsor suggests. REPRESENTATIVE WRIGHT replied that the system is old and not as straightforward as a light switch. The records must be combed through to figure out who did what. He deferred to Ms. Purinton to explain further. 1:42:31 PM CHAIR CLAMAN invited Ms. Purinton to the testifier's table to expound on the question. LISA PURINTON, Director, Division of Statewide Services, Department of Public Safety (DPS), Anchorage, Alaska, replied that the state's central repository of criminal history records is stored on a legacy mainframe system. It has been in place since the late 1980s, and the department is looking to replace that system. The disposition of records has been stored in various ways for nearly 40 years, which creates challenges in programming and locating specific records. While the system can be programmed to remove some records, older records require a manual review. This will take some time. HB 28 has a fiscal note for two reasons: 1. DPS will need to hire a programmer to write code. She explained that the legacy mainframe system requires specialized contractors with a unique skill set, no longer taught, to help support the mainframe and write code. 2. Temporary staff are needed to research those records, and the goal is to proactively remove the records in two years. CHAIR CLAMAN sought confirmation that additional staff are necessary to research removal requests in order to determine whether a conviction record is eligible for removal. MS. PURINTON replied yes, that would be correct. CHAIR CLAMAN summarized her answer, stating it is way too complicated, way too expensive, and it may not be doable. MS. PURINTON replied that would be correct due to the technological limitations of the mainframe and the way the records were stored in the system. DPS will proactively try to remove a large swath of records programmatically, but other records will require human intervention for removal. 1:45:04 PM CHAIR CLAMAN inquired about the way information is input. He asked whether it aligns with an Alaska Public Safety Information Network (APSIN) printout. He clarified that ASPIN printouts do not reflect the details of the conviction but give certain classes. However, it does not have the same level of detail found in court records. LISA PURINTON replied affirmatively, confirming that she intended to convey that information exactly. 1:45:25 PM SENATOR KAUFMAN inquired about the possibility of incorporating language into HB 28 that: - enables a manual on-demand process initially, - shifts to a more automated process once the mainframe system is updated, and - that creates the capability to move seamlessly to a more automated mode. REPRESENTATIVE WRIGHT replied that he is open to any amendment to enhance the legislation. SENATOR KAUFMAN replied that he is happy to work with the sponsor on an amendment. 1:46:21 PM CHAIR CLAMAN asked Ms. Meade to come forward to offer invited testimony on the bill. 1:46:40 PM NANCY MEADE, General Counsel, Administrative Offices, Alaska Court System (ACS), Anchorage, Alaska, testified by invitation, stating Section 4 is the only section in HB 28 that refers to CourtView and impacts the Alaska Court System. She pointed out that CourtView records are distinct from APSIN and DPS official court records. ACS has already taken the step to remove conviction records for marijuana possession of under an ounce for people over 21 years of age from its public website. The Alaska Supreme Court removed all those records in May of last year. As a result, HB 28 will not change anything ACS does or require ACS to take any additional action. 1:47:32 PM SENATOR TOBIN said Section 4 states the Alaska Court System shall provide notice on its public website that those records were removed. She sought confirmation that ACS posted this notice on its website. MS. MEADE replied yes, notice has been posted for a number of years. The notice shows certain cases were removed from the CourtView public access website. A rule in The Alaska Rules of Court provides for the removal of certain categories of cases from CourtView. She believed that up to 15 categories had been removed from CourtView. These categories are linked on the webpage. She said a link is available to individuals who believe their name is improperly visible on CourtView. Individuals may file a request to exclude their case from CourtView, and ACS will review it. She suggested ACS did its job well because only one person has ever filed a form to have their record excluded since ACS removed those specific marijuana cases. SENATOR TOBIN commented that the ACS notice on its public website sounds robust and very informative. 1:49:06 PM CHAIR CLAMAN asked whether keeping Section 4 in the bill is important. He wondered if the committee should consider its deletion since ACS had already addressed the issue. He sought assurance that ACS would not change paths six years from now and start putting more information on CourtView. MS. MEADE answered that ACS is not moving towards including more information on CourtView. CourtView began in the early 2000s, and the cultural view was that the more data online, the better. Over the years, that view has changed. People began to see the flaws in too much information, such as not readily understanding and misinterpreting the information. She explained that ACS used to post filed domestic violence protective orders where the judge determined there was no merit to the claim. As a result, people suffered distress, which the courts determined was disproportionate to the action. Since 2004, ACS has added categories for exclusion, not inclusion, on CourtView. The ACS mindset leans toward more restrictions on public access. MS. MEADE surmised there is a 99.9 percent chance that ACS would never repost these cases. It has been legal since 2014. She declared it would not happen because a court rule has already removed these cases from CourtView. She emphasized that court rules are just as much of a law as statutes. Whether Section 4 is necessary is a decision for the committee to consider. She said it may not be needed. 1:51:38 PM CHAIR CLAMAN sought confirmation that it is pursuant to court rule that those cases were removed from CourtView and not arbitrarily removed by the CourtView administrator. He asked whether those decisions were made through Alaska Supreme Court orders. MS. MEADE replied absolutely. ACS has Rules of Administration. Administrative Rule 40 is the rule that governs whether a case is posted on public CourtView, as opposed to internal CourtView. She explained that internal CourtView contains an index to all cases, including Child in Need of Aid cases, and is available for ACS staff use. Administrative Rule 40 states all of that shall be made available to the public except for the list of 16 exceptions, including domestic violence protective orders, cases where a charging document was never filed, and exception 15, the marijuana cases described in HB 28. MS. MEADE responded yes to his second question. CHAIR CLAMAN thanked Ms. Meade and proceeded to the next invited testifier. 1:53:02 PM DAVID MORGAN, Legislative Affairs Associate, Reason Foundation, Atlanta, Georgia, testified by invitation, stating HB 28 is an important step toward justice for Alaskans harmed by the war on drugs. Alaska was an early leader in cannabis reform but now lags behind 24 other states that adopted reforms to conceal marijuana-related conviction records. Criminal records can make it difficult for individuals to participate as productive members of society. He explained that nearly 90 percent of employers nationwide conduct background checks on job applicants. Research suggests that job applicants with criminal convictions are approximately 50 percent less likely to receive a callback. Individuals with criminal records face significant difficulty engaging in other productive activities, such as securing housing, obtaining professional licenses, joining the military, gaining admission to universities, accessing financial services, and maintaining child custody. It may sometimes be in the interest of public safety to track and provide information to the public about an individual's criminal record. However, life-long criminal records for conduct that is now legal do not make sense. There is little to no evidence that providing these records and background checks contributes to public safety. Compared to other states that have legalized marijuana, this is a relatively small step toward fixing the damage caused by prohibition. These reforms will provide much-needed relief to many Alaskans. He thanked the committee for their time and consideration of HB 28. 1:55:32 PM CHAIR CLAMAN opened public testimony on HB 28. 1:55:55 PM RYAN TUNSETH, President, Alaska Marijuana Industry Association, Kenai, Alaska, testified in support of HB 28, stating this important piece of legislation is an incremental step towards destigmatizing cannabis consumption. He said the U.S. Department of Health and Human Services (DHSS) released a request to the Drug Enforcement Administration (DEA) last Friday. DHSS requested that the DEA reclassify cannabis from a Class I controlled substance to a Class III controlled substance. He said that AMIA supports anything that removes small barriers, promotes positive life outcomes, and recognizes the damage done by the failed war on drugs. This bill is a step in the right direction. 1:58:11 PM LACY WILCOX, representing self, Juneau, Alaska, testified in support of HB 28, stating she has been involved in Smart Justice Reform and pro-cannabis policy for nearly ten years. She said that her history with cannabis and its complicated legal status began as a youth. She said that she was born in Homer, Alaska, the home of some cannabis champions, specifically Irwin Ravin. She said that she has watched good-meaning people grapple with the difficult choice of using a therapeutic medicine to treat their ailments or not using it for fear of the justice system. There is a disastrous consequence in both cases. She explained when individuals do not use their medicine, it can lead to an addiction to a far stronger substance, such as opioids. The choice to consume alternative medicine for pain or other ailments can lead to the consequences that create the barriers discussed today. There is no easy choice. The complicated history of marijuana's legal status over the years has been confusing for people to understand. She said, "If you can grow, you can smoke." She expressed her support for HB 28, citing her advocacy for cannabis legalization and her background as a proponent of natural medicine and therapy. It is time to see this legislation move forward. 2:00:09 PM CHAIR CLAMAN closed public testimony on HB 28. CHAIR CLAMAN held HB 28 in committee.