Legislature(2017 - 2018)BELTZ 105 (TSBldg)

02/15/2017 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 55 OMNIBUS CRIME/CORRECTIONS TELECONFERENCED
Heard & Held
+ SB 5 POLITICAL CONTRIBUTION LIMITS/PROHIBITION TELECONFERENCED
Heard & Held
                SB  55-OMNIBUS CRIME/CORRECTIONS                                                                            
                                                                                                                                
1:35:29 PM                                                                                                                    
CHAIR COGHILL announced the consideration  of SB 55. He explained                                                               
that this bill is what he  has referred to as the technical bill.                                                               
It addresses  non-policy items that  the Alaska  Criminal Justice                                                               
Commission ("Commission") has  proposed, primarily recommendation                                                               
2017-14.  He  asked Mr.  Shilling  to  go through  the  sectional                                                               
summary before the committee considers the committee substitute.                                                                
                                                                                                                                
1:37:48 PM                                                                                                                    
JORDAN SHILLING,  Staff, Senate  Judiciary Committee  and Senator                                                               
John Coghill,  Alaska State  Legislature, informed  the committee                                                               
that SB  55 contains a number  of the technical changes  that the                                                               
Alaska  Criminal  Justice  Commission has  been  gathering  since                                                               
Senate Bill 91  passed in 2016. These  recommendations are mostly                                                               
technical; some clarify intent and  some correct drafting errors.                                                               
He spoke to the following sectional summary for SB 55:                                                                          
                                                                                                                                
     Section 1                                                                                                                
     AS 11.46.280(d) - Issuing a bad check.                                                                                     
                                                                                                                                
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
                                                                                                                                
     Section 2                                                                                                                
     AS 11.46.285(b) - Fraudulent use of an access device.                                                                      
                                                                                                                                
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
                                                                                                                                
     Section 3                                                                                                                
     AS 11.46.730(c) - Defrauding creditors.                                                                                    
                                                                                                                                
     Removes inadvertent inflation-adjustment of $25,000.                                                                       
                                                                                                                                
MR. SHILLING  explained that in 2016,  the Commission recommended                                                               
raising the  felony theft threshold  and inflation  proofing that                                                               
number.  The recommendation  did not  include inflation  proofing                                                               
the  three larger  amounts addressed  in Sections  1-3. It  was a                                                               
drafting error to include them and the bill rectifies the error.                                                                
                                                                                                                                
     Section 4                                                                                                                
       AS 11.71.050(a) - Misconduct involving controlled                                                                        
     substances in the fourth degree                                                                                            
                                                                                                                                
     Eliminates penalty overlap for possession of less than                                                                     
     an ounce of a VIA controlled substance.                                                                                    
                                                                                                                                
MR.  SHILLING  explained that  an  individual  under age  21  who                                                               
illegally  possesses  less  than  an  ounce  of  marijuana  could                                                               
simultaneously be charged with a  class A misdemeanor and a class                                                               
B misdemeanor. This bill leaves  possession of less than an ounce                                                               
of marijuana as a class B misdemeanor,                                                                                          
                                                                                                                                
     Section 5                                                                                                                
     AS 12.55.011(b) - Victim and community involvement in                                                                      
     sentencing.                                                                                                                
                                                                                                                                
      Clarifies that the court shall only provide the form                                                                      
     to the victim if practicable.                                                                                              
                                                                                                                                
MR.  SHILLING  explained  that   the  court  form  gives  victims                                                               
information about  the defendant's sentence and  release date. It                                                               
also   allows  the   victim  an   opportunity  to   update  their                                                               
information with the Department  of Correction's Automated Victim                                                               
Notification  System (VINE).  Senate Bill  91 required  courts to                                                               
give this form to victims but  the court does not maintain victim                                                               
information and  therefore is  not able to  supply the  form when                                                               
the  victim,  for whatever  reason,  does  not attend  the  court                                                               
hearing.                                                                                                                        
                                                                                                                                
     Section 6                                                                                                                
     AS 12.55.015(a) - Authorized sentences; forfeiture.                                                                        
                                                                                                                                
     Provides explicit authority to the court to suspend an                                                                     
     entry of judgement.                                                                                                        
                                                                                                                                
MR. SHILLING explained  that this is the  statute that authorizes                                                               
the court  to do such  things as sentence individuals  and impose                                                               
probation and impose fines. Suspended  entry of judgment is a new                                                               
concept that belongs in this section.                                                                                           
                                                                                                                                
     Section 7                                                                                                                
     AS 12.55.078(d) - Suspended entry of judgement.                                                                            
                                                                                                                                
      Clarifies when the court shall discharge and dismiss                                                                      
     proceedings in a suspended entry of judgement.                                                                             
                                                                                                                                
MR.  SHILLING explained  that this  section adds  the words  "was                                                               
imposed" to clarify the date that is being talked about.                                                                        
                                                                                                                                
     Section 8                                                                                                                
     AS 12.55.078(f) - Suspended entry of judgement.                                                                            
                                                                                                                                
       Clarifies that the crimes for which SEJ may not be                                                                       
        used are the crimes currently charged, not prior                                                                        
     convictions.                                                                                                               
                                                                                                                                
MR. SHILLING  said the  terminology was  changed in  this section                                                               
for two reasons. The first is that  in a SEJ an individual is not                                                               
convicted so  it is inappropriate  in this context to  be talking                                                               
about  conviction. But  the change  in paragraph  (5) on  page 5,                                                               
line 17,  is for a slightly  different reason. The intent  of SEJ                                                               
is that  an individual  that is  currently charged  with domestic                                                               
violence  cannot be  eligible  for SEJ.  Thus  it's important  to                                                               
refer to the current charge  that individual has rather than some                                                               
previous conviction of domestic violence.                                                                                       
                                                                                                                                
1:44:55 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  for  clarification  that  the  same                                                               
rationale applies to paragraphs (1)-(4)  in Section 8. He read AS                                                               
12.55.078(f)(1),  as  proposed,  and  asked  if  the  phrase  "is                                                               
charged  with" refers  to the  immediate matter,  not a  previous                                                               
charge.                                                                                                                         
                                                                                                                                
MR. SHILLING said  he didn't know that the  first three instances                                                               
of changing "convicted of" to  "charged with" is the same problem                                                               
that exists in paragraph (5).  The reason the wording was changed                                                               
in the  three instances in  paragraphs (1)-(4 is because  the SEJ                                                               
is unique  in that  there is  no conviction. He  views this  as a                                                               
drafting oversight.                                                                                                             
                                                                                                                                
CHAIR COGHILL said he believes  Senator Wielechowski is asking if                                                               
it  refers to  the issue  that is  under suspended  imposition of                                                               
judgement.                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI  said  he's  thinking  of  an  event  where                                                               
someone is  charged with  a completely  different crime.  "I want                                                               
the record  to be clear  that we're not  saying in that  case you                                                               
can't have a suspended imposition of sentence."                                                                                 
                                                                                                                                
MR. SHILLING  emphasized that  the intent is  that this  does not                                                               
preclude an individual  who has had a prior  charge or conviction                                                               
for one of these offenses  from getting a suspended imposition of                                                               
sentence.                                                                                                                       
                                                                                                                                
     Section 9                                                                                                                
     AS 12.55.090(c) - Granting of probation                                                                                    
                                                                                                                                
     Clarifies that the maximum probation term for a felony                                                                     
     sex offense is 15 years, while all other unclassified                                                                      
     felonies have a maximum probation term of 10 years.                                                                        
                                                                                                                                
MR.  SHILLING   explained  that  Senate  Bill   91  created  some                                                               
confusion in  this statute because there  are unclassified felony                                                               
sex offenses under  Title 11. The added language,  "not listed in                                                               
(1)  of this  subsection;" clarifies  that the  maximum probation                                                               
period for  both classified and unclassified  felony sex offenses                                                               
is 15 years.                                                                                                                    
                                                                                                                                
CHAIR COGHILL  summarized that the  probation for a  sex offender                                                               
may not exceed 15 years.                                                                                                        
                                                                                                                                
MR. SHILLING agreed.                                                                                                            
                                                                                                                                
CHAIR COGHILL commented that that  was probably the intention all                                                               
along.                                                                                                                          
                                                                                                                                
MR. SHILLING continued the sectional review.                                                                                    
                                                                                                                                
         Section 10                                                                                                         
        AS 28.15.165(e) - Administrative revocations and                                                                        
         disqualifications resulting from chemical sobriety                                                                     
         tests and refusals to submit to tests.                                                                                 
                                                                                                                                
         Clarifies that the dismissal of all charges, regardless                                                                
         of prejudice, serves to meet the requirement of this                                                                   
         section.                                                                                                               
                                                                                                                                
MR.  SHILLING explained  that the  intent of  this policy  was to                                                               
reinstate the  license after  acquittal or  dismissal, regardless                                                               
of  whether the  dismissal  is with  or  without prejudice.  This                                                               
corrects a drafting oversight.                                                                                                  
                                                                                                                                
     Section 11                                                                                                             
     AS 44.19.645(g) - Powers and duties of the commission                                                                      
                                                                                                                                
        Requires the Department of Corrections to report                                                                        
     certain data to the Alaska Criminal Justice Commission                                                                     
     regarding earned compliance credits for parolees.                                                                          
                                                                                                                                
MR.   SHILLING  directed   attention  to   the  data   collection                                                               
requirements in  paragraph (6) on  page 7, line 21.  He explained                                                               
that  Senate  Bill 91  created  a  policy  for an  individual  to                                                               
receive  month-for-month  credit  for sustained  compliance  with                                                               
their probation or  parole. The bill included  the requirement to                                                               
submit the data to DOC  for probation but omitted the requirement                                                               
to  submit  the data  for  parole.  This corrects  that  drafting                                                               
oversight and adds this reporting requirement for DOC.                                                                          
                                                                                                                                
     Section 12                                                                                                             
     AS 47.37.040 - Duties of the department.                                                                                   
                                                                                                                                
      Authorizes the ASAP program to accept referrals from                                                                      
     the court for minor consuming/possession.                                                                                  
                                                                                                                                
CHAIR  COGHILL noted  that  Tony Piper  with  the Alcohol  Safety                                                               
Action Program was  available to answer questions  about the ASAP                                                               
program.                                                                                                                        
                                                                                                                                
MR.  SHILLING explained  that when  Senate Bill  165 passed  last                                                               
year, it  changed provisions  in Title  4 making  minor consuming                                                               
alcohol  a violation  rather  than a  criminal  offense. It  also                                                               
provided that the fine for the  violation could be reduced if the                                                               
defendant   successfully  completed   the   ASAP  program.   That                                                               
provision conflicted with Senate Bill  91 and SB 55 remedies that                                                               
conflict by giving the ASAP  program explicit authority to accept                                                               
referrals coming from the Court System.                                                                                         
                                                                                                                                
1:51:24 PM                                                                                                                    
CHAIR COGHILL  added that  Senate Bill 91  narrowed the  scope of                                                               
the  Alcohol  Safety Action  Program  which  conflicted with  the                                                               
provision  in  Senate  Bill  165  to allow  minors  to  use  that                                                               
program. "This just aligns those two bills, basically."                                                                         
                                                                                                                                
SENATOR MEYER asked if this is  limited to minor in possession of                                                               
alcohol, not marijuana.                                                                                                         
                                                                                                                                
MR.  SHILLING   offered  his  understanding   that  it   is  just                                                               
possession and consumption of alcohol.                                                                                          
                                                                                                                                
         Section 13                                                                                                         
         AS 33.16.120(h) - Rights of certain victims in                                                                         
         connection with parole.                                                                                                
                                                                                                                                
         Resolves a drafting error that requires the Department                                                                 
         of Corrections to provide notifications for hearings                                                                   
         that will not occur.                                                                                                   
                                                                                                                                
MR.  SHILLING explained  that Section  13 contains  an error  and                                                               
corrects an  error from Senate  Bill 91. This section  repeals AS                                                               
33.16.120(a)  and AS  33.16.120(h),  but including  120(a) was  a                                                               
mistake. AS  33.16.120(h), however,  is an  unnecessary reporting                                                               
requirement  that  should  have   been  removed  when  the  House                                                               
excluded  some types  of  offenders  from administrative  parole.                                                               
This corrects that error.                                                                                                       
                                                                                                                                
CHAIR COGHILL asked if AS 33.16.120(h) will be repealed.                                                                        
                                                                                                                                
MR. SHILLING answered yes.                                                                                                      
                                                                                                                                
CHAIR COGHILL  asked if the  committee substitute  (CS) addresses                                                               
just this section.                                                                                                              
                                                                                                                                
MR. SHILLING replied that is correct.                                                                                           
                                                                                                                                
CHAIR COGHILL said  he would bring the CS up  after the sectional                                                               
review was complete.                                                                                                            
                                                                                                                                
MR. SHILLING  turned to  Section 14  and deferred  explanation to                                                               
Hilary Martin.                                                                                                                  
                                                                                                                                
         Section 14                                                                                                         
         Uncodified law - applicability                                                                                         
                                                                                                                                
        This section contains applicability provisions.                                                                         
                                                                                                                                
CHAIR  COGHILL  asked  Ms.  Martin to  explain  the  concept  and                                                               
substance of Section 14, so  the committee understands whether it                                                               
is a technical fix as opposed to policy.                                                                                        
                                                                                                                                
1:56:06 PM                                                                                                                    
HILARY MARTIN,  Legislative Counsel, Legislative  Legal Services,                                                               
Legislative   Affairs   Agency,   said   applicability   sections                                                               
generally look  at when a change  in a crime or  penalty applies,                                                               
which is  particularly important  for criminal bills.  "If you're                                                               
changing the  crime or if  you're increasing the  punishment, you                                                               
need to  be careful that you're  not applying it to  conduct that                                                               
had already  been committed before it  becomes effective, because                                                               
that can be an expose facto violation."                                                                                         
                                                                                                                                
Applicability sections  make it clear  when the law  applies. For                                                               
example, (a)(1)  [page 11, line  13,] references the change  in a                                                               
crime to remove the adjustment for  inflation so it applies on or                                                               
after the effective date.                                                                                                       
                                                                                                                                
CHAIR  COGHILL  offered  his  understanding   that  some  of  the                                                               
probation and  parole requirements had  to apply on or  after the                                                               
effective  date and  by changing  the reporting  requirements the                                                               
application  must  correspond  with  the  time  in  history  that                                                               
passed.                                                                                                                         
                                                                                                                                
MS.  MARTIN replied  it depends  on  what is  happening with  the                                                               
probation. Application could be when  probation is ordered, or it                                                               
could be for offenses committed on or after.                                                                                    
                                                                                                                                
CHAIR COGHILL asked  her to discuss the  applicability in (a)(1)-                                                               
(4) on page ll, lines 13-16.                                                                                                    
                                                                                                                                
1:58:52 PM                                                                                                                    
MS.  MARTIN  explained  that  they are  all  changes  to  crimes;                                                               
(a)(1)-(3) remove the adjusted for  inflation language and (a)(4)                                                               
adds  the reference  to  AS 11.71.060(a)(2).  An  element of  the                                                               
crime is  being changed and  they apply to offenses  committed on                                                               
or after the effective date of that section.                                                                                    
                                                                                                                                
CHAIR COGHILL asked  what the charge under  AS 12.55.078(d) [page                                                               
11, lines 17-20] refers to.                                                                                                     
                                                                                                                                
MS. MARTIN replied  that is the change to the  suspended entry of                                                               
judgement.                                                                                                                      
                                                                                                                                
CHAIR COGHILL  observed that subsection  (c) [AS  12.55.090(c) on                                                               
page  11, lines  21-23]  refers  to probation.  He  asked her  to                                                               
explain  her  statement  that  it  could  apply  to  somebody  on                                                               
probation,  but it  doesn't contemplate  something that  happened                                                               
before the law passed.                                                                                                          
                                                                                                                                
MS.  MARTIN  clarified that  there  is  a difference  between  an                                                               
applicability  section and  retroactivity. AS  12.55.090(c) would                                                               
apply  to anyone  granted  probation on  or  after the  effective                                                               
date, regardless of when they committed the offense."                                                                           
                                                                                                                                
CHAIR COGHILL  asked her  to talk about  subsection (d)  [on page                                                               
11, lines 24-28].                                                                                                               
                                                                                                                                
MS.  MARTIN said  this section  allows an  individual to  request                                                               
their  license  revocation for  driving  under  the influence  be                                                               
rescinded  in  the event  of  an  acquittal  or the  charges  are                                                               
dropped. The section removes the  words "without prejudice" so it                                                               
applies  to more  people.  This  is a  benefit  that could  apply                                                               
before, on, or after the effective date [of Section 10].                                                                        
                                                                                                                                
SENATOR  COGHILL offered  his  understanding  that the  timeframe                                                               
falls between  the signing of  Senate Bill  91 and passage  of SB                                                               
55.                                                                                                                             
                                                                                                                                
MS. MARTIN said she believes that is correct.                                                                                   
                                                                                                                                
2:02:50 PM                                                                                                                    
MR. SHILLING continued the sectional review.                                                                                    
                                                                                                                                
         Section 15                                                                                                         
         Uncodified law - applicability                                                                                         
                                                                                                                                
         This   section   contains   applicability   provisions                                                                 
         clarifying that  no  decisions made  by  the Board  of                                                                 
         Parole prior  to  January 1,  2017  that extended  the                                                                 
         period of supervision beyond the  maximum release date                                                                 
         are to be  construed as invalidated by  the passage of                                                                 
         SB 91 (2016).                                                                                                          
                                                                                                                                
         There is further clarification that the earned                                                                         
         compliance credit for parolees does not apply to time                                                                  
         served prior to January 1, 2017.                                                                                       
                                                                                                                                
MR.  SHILLING said  these  clarifications  address concerns  that                                                               
some  of  the applicability  provisions  in  Senate Bill  91  are                                                               
ambiguous.                                                                                                                      
                                                                                                                                
     Section 16                                                                                                             
     Uncodified law - effective date                                                                                            
                                                                                                                                
     This bill takes effect immediately.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  any thought  was given  to making                                                               
the applicability  dates in  Section 15 the  date the  bill takes                                                               
effect as opposed to January 1, 2017.                                                                                           
                                                                                                                                
MR. SHILLING  replied the applicability  provision in  Section 15                                                               
goes into effect immediately, but  it ensures that credit for the                                                               
earned compliance  program isn't  awarded prior  to the  date the                                                               
program came into existence.                                                                                                    
                                                                                                                                
CHAIR COGHILL  summarized that Senate  Bill 91  contemplated that                                                               
the counting for earned compliance  credit would start on January                                                               
1, 2017.                                                                                                                        
                                                                                                                                
2:07:06 PM                                                                                                                    
CHAIR  COGHILL asked  Mr. Shilling  to point  to the  differences                                                               
between  the  current  version   D  and  the  proposed  committee                                                               
substitute, version J.                                                                                                          
                                                                                                                                
MR. SHILLING said  the difference is in the  repealer Section 13.                                                               
Version D  repeals AS 33.16.120(a)  and AS  33.16.120(h), whereas                                                               
the  CS only  repeals  AS 33.16.120(h),  which  is an  irrelevant                                                               
notification requirement.                                                                                                       
                                                                                                                                
2:08:54 PM                                                                                                                    
CHAIR COGHILL  moved to adopt  the committee substitute  (CS) for                                                               
SB 55, labeled  30-LS0119\J, as the working  document. Hearing no                                                               
objection, version J, was adopted.                                                                                              
                                                                                                                                
CHAIR COGHILL held SB 55 in committee for further consideration.                                                                

Document Name Date/Time Subjects
SB 5 - Fiscal Note.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Summary of Changes (D to U).pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Written Testimony Shively.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Written Testimony Willis.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Contribution Limit Chart.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Group Definition AS 15.13.400.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Sectional Summary.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Sponsor Statement.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 5 - Legal Memorandum.pdf SJUD 2/15/2017 1:30:00 PM
SB 5
SB 55 - Sponsor Statement.pdf SJUD 2/15/2017 1:30:00 PM
SB 55
SB 55 - Bill Contents.pdf SJUD 2/15/2017 1:30:00 PM
SB 55
SB 55 - ACJC Recommendations.pdf SJUD 2/15/2017 1:30:00 PM
SB 55
SB 55 - Sectional Summary.pdf SJUD 2/15/2017 1:30:00 PM
SB 55