Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/04/2018 01:30 PM JUDICIARY

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Audio Topic
02:04:00 PM Start
02:04:49 PM Confirmation Hearing(s): Lieutenant Governor Successor, State Commission for Human Rights, Public Defender
02:37:28 PM SB150
02:50:50 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor's Appointees
+ State Commission for Human Rights TELECONFERENCED
- Megan Mackiernan
- Freddie Olin IV
+ Lieutenant Governor Successor TELECONFERENCED
- Valerie Davidson
- Quinlan Steiner
+ Violent Crimes Compensation Board TELECONFERENCED
- Jeffrey Stubblefield
<Bill Hearing Canceled>
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 4, 2018                                                                                          
                           2:04 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator John Coghill, Chair                                                                                                     
Senator Mia Costello                                                                                                            
Senator Pete Kelly                                                                                                              
Senator Bill Wielechowski                                                                                                       
Senator Mike Shower                                                                                                             
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
CONFIRMATION HEARING(S)                                                                                                         
Lieutenant Governor Successor                                                                                                 
Commissioner Valerie Davidson - Juneau                                                                                          
     - CONFIRMATION ADVANCED                                                                                                    
State Commission for Human Rights                                                                                             
Megan Mackiernan - Nome                                                                                                         
Freddie Olin IV - Anchorage                                                                                                     
     - CONFIRMATIONS ADVANCED                                                                                                   
Public Defender                                                                                                               
Quinlan Steiner - Anchorage                                                                                                     
     - CONFIRMATION ADVANCED                                                                                                    
Violent Crimes Compensation Board                                                                                             
Jeffrey Stubblefield  Eagle River                                                                                               
     -SCHEDULED BUT NOT HEARD                                                                                                   
SENATE BILL NO. 150                                                                                                             
"An Act  relating to pretrial  release procedures;  amending Rule                                                               
41,  Alaska Rule  of  Criminal Procedure;  and  providing for  an                                                               
effective date."                                                                                                                
     - HEARD AND HELD                                                                                                           
SENATE JOINT RESOLUTION NO. 14                                                                                                  
Proposing  an  amendment to  the  Constitution  of the  State  of                                                               
Alaska relating  to notice  and consent  before termination  of a                                                               
minor's pregnancy.                                                                                                              
     - BILL HEARING CANCELED                                                                                                    
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 21                                                                            
Urging the  federal government  to respect  the authority  of the                                                               
state  to regulate  marijuana use,  production, and  distribution                                                               
and to honor  previous federal guidance on  marijuana policy; and                                                               
urging  the  federal  government  to reconsider  its  listing  of                                                               
marijuana as a schedule I controlled substance.                                                                                 
     - SCHEDULED BUT NOT HEARD                                                                                                  
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 150                                                                                                                  
SHORT TITLE: PRETRIAL RELEASE; NON-AK CRIM HISTORY                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
01/18/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/18       (S)       JUD                                                                                                    
03/21/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/21/18       (S)       Heard & Held                                                                                           
03/21/18       (S)       MINUTE(JUD)                                                                                            
03/28/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/28/18       (S)       Heard & Held                                                                                           
03/28/18       (S)       MINUTE(JUD)                                                                                            
04/02/18       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/02/18       (S)       Heard & Held                                                                                           
04/02/18       (S)       MINUTE(JUD)                                                                                            
WITNESS REGISTER                                                                                                              
MEGAN MACKIERNAN, PA, Appointee                                                                                                 
State Commission on Human Rights                                                                                                
Nome, Alaska                                                                                                                    
POSITION  STATEMENT:   Testified  as   appointee  to   the  State                                                             
Commission on Human Rights.                                                                                                     
COMMISSIONER VALERIE DAVIDSON, Appointee                                                                                        
Lieutenant Governor Successor                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Testified  as appointee  to the  position of                                                             
Lieutenant Governor Successor.                                                                                                  
QUINLAN STEINER, Appointee                                                                                                      
Public Defender                                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT: Testified  as appointee  to the  position of                                                             
Public Defender of the State of Alaska.                                                                                         
FREDDIE OLIN IV, Appointee                                                                                                      
State Commission for Human Rights                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified  as   appointee  to   the  State                                                             
Commission on Human Rights.                                                                                                     
ACTION NARRATIVE                                                                                                              
2:04:00 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 2:04  p.m. Present at the  call to                                                               
order were  Senators Wielechowski,  Shower, Costello,  Kelly, and                                                               
Chair Coghill.                                                                                                                  
^Confirmation  Hearing(s): Lieutenant  Governor Successor,  State                                                               
Commission for Human Rights, Public Defender                                                                                    
                    CONFIRMATION HEARING(S)                                                                                 
                 Lieutenant Governor Successor                                                                              
               State Commission for Human Rights                                                                            
                        Public Defender                                                                                     
2:04:49 PM                                                                                                                    
CHAIR  COGHILL announced  the first  order of  business would  be                                                               
confirmation hearings of governor appointees.                                                                                   
He  asked Commissioner  Valerie  Davidson to  tell the  committee                                                               
about her expectation as appointee  to the position of lieutenant                                                               
governor successor.                                                                                                             
2:05:26 PM                                                                                                                    
COMMISSIONER  VALERIE  DAVIDSON, Appointee,  Lieutenant  Governor                                                               
Successor, Juneau,  Alaska, said it  was her honor  and privilege                                                               
to be  nominated as lieutenant governor  successor. She explained                                                               
that appointing  a lieutenant governor successor  was a statutory                                                               
requirement and a matter of hoping  for the best and planning for                                                               
the  worst.   If  something  should  happen   to  the  lieutenant                                                               
governor, the successor would assume the role.                                                                                  
She   reviewed  her   personal   history   and  educational   and                                                               
professional achievements and reiterated  that the appointment is                                                               
a  contingency  plan.  She offered  her  understanding  that  the                                                               
lieutenant governor's largest responsibility  is to supervise the                                                               
director  of the  division of  elections who  is responsible  for                                                               
ensuring a fair  election process and that every  Alaskan has the                                                               
opportunity  to  vote. Before  an  election,  the division  hires                                                               
about  3,000  employees. The  division  is  also responsible  for                                                               
publishing  regulations  and  the online  public  notice  system,                                                               
commissioning notaries  public, and  is sometimes called  upon to                                                               
authenticate state official signatures  on official documents for                                                               
foreign  countries. Although  it's not  a statutory  requirement,                                                               
the   division   publishes   small   booklets   of   the   Alaska                                                               
2:10:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked her  thoughts  on  ways to  increase                                                               
voter turnout in  the state. He also asked how  she might address                                                               
the larger issues facing the state like crime and the budget.                                                                   
COMMISSIONER DAVIDSON  said she believes  that Alaska as  a state                                                               
could do more  to educate young people  about this responsibility                                                               
and  every   Alaskan  should  take   on  the  challenge   and  of                                                               
encouraging  young people  of their  right and  responsibility to                                                               
vote.  It's a  misperception that  it's  just one  person or  one                                                               
division or  one agency's  responsibility to  do that,  she said.                                                               
"The more we can encourage young  people to do that on a personal                                                               
level, the better off we are."                                                                                                  
Regarding  priorities,  she  said Alaska  is  experiencing  tight                                                               
financial  times,  but it  has  faced  tough times  before.  When                                                               
people have  the opportunity to  be heard, they  generally arrive                                                               
at good decisions.  She cited the example several  years ago when                                                               
the legislature passed  Senate Bill 74. The  Medicaid Reform bill                                                               
was a bipartisan  effort that included tough  conversations and a                                                               
good outcome.  Problems arise  when people  feel they  don't have                                                               
the opportunity  to be heard. Alaska  has what it takes  to solve                                                               
that problem. The challenge is to  keep talking to each other and                                                               
work through the issues.                                                                                                        
2:15:33 PM                                                                                                                    
CHAIR COGHILL thanked Commissioner  Davidson and advised her name                                                               
would be forwarded.                                                                                                             
He asked  Quinlan Steiner  to tell the  committee about  his past                                                               
service as the public defender and  if he was willing to continue                                                               
to serve.                                                                                                                       
2:16:40 PM                                                                                                                    
QUINLAN STEINER,  Appointee, Public Defender,  Anchorage, Alaska,                                                               
said  he  just  completed  his third  four-year  term  as  public                                                               
defender and was  willing to serve a fourth term.  He shared that                                                               
he  was  inspired  to  attend  law  school  to  become  a  public                                                               
defender. When  he was first  hired as public defender,  his plan                                                               
was  to increase  the effectiveness  of  the agency  in terms  of                                                               
recruiting, structure, and supervision  to ensure that cases were                                                               
handled  efficiently  and  effectively.   More  recently  he  has                                                               
shifted   efforts  to   exploit   technology  and   collaborative                                                               
opportunities with  the Department of  Law and other  agencies to                                                               
ensure that things are handled  as efficiently and effectively as                                                               
possible. He related that he  was currently working on a holistic                                                               
defense  initiative. Through  grants  and  volunteers the  agency                                                               
seeks  to  help  clients  access services  and  address  barriers                                                               
outside  their specific  legal cases.  The idea  is to  help them                                                               
avoid future  contact with the  criminal justice  system. Through                                                               
grant funding the agency is seeking  to develop data to show that                                                               
this is not only effective  but also cost-effective to the state.                                                               
Anecdotally, the success has been great, he said.                                                                               
SENATOR   WIELECHOWSKI  asked   if  Alaska   has  enough   public                                                               
MR.  STEINER said  not at  this time.  Calculations based  on the                                                               
standards  set  by  the  American Bar  Association  show  that  a                                                               
substantial  increase is  needed to  get the  agency to  the area                                                               
where it is not ethically required  to work an excess of 90 hours                                                               
per  week. Studies  from out  of state  indicate that  the Alaska                                                               
Public Defender Agency  is currently over its  maximum case load.                                                               
The 1998  study by Alaska's  Legislative Audit Division  needs to                                                               
be updated. Dramatic increases are  projected this year and those                                                               
numbers need to come down.                                                                                                      
SENATOR WIELECHOWSKI asked if the State  of Alaska was at risk of                                                               
violating   the  constitution   by  not   having  enough   public                                                               
MR. STEINER said  yes, if the projections he  calculated for this                                                               
year and  next year are  accurate and additional  resources don't                                                               
materialize. The agency would be  in the situation where it would                                                               
be required to attempt to  refuse appointments. If the agency has                                                               
too many  cases to do the  required tasks, it would  be forced to                                                               
try and refuse  cases. The courts may agree and  allow the agency                                                               
out of  those cases and the  state would then likely  be required                                                               
to engage  private lawyers. The  courts could also  conclude that                                                               
the agency must deal with  the cases with existing resources. The                                                               
consequences  of that  would be  substantial increases  in delays                                                               
and costs associated with the errors that would occur.                                                                          
CHAIR  COGHILL asked  if  that  was a  function  of  budget or  a                                                               
function of finding personnel to do the work.                                                                                   
MR.  STEINER said  it was  largely a  function of  budget. Budget                                                               
requests to  both the House and  Senate are in process  and would                                                               
help alleviate  the immediate concern  for this year.  The agency                                                               
has access to  very good candidates coming out of  law school and                                                               
off clerkships.  He said their model  is to hire new  lawyers and                                                               
train them to be able to handle high-level cases.                                                                               
2:22:42 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if  he believes  that Senate  Bill 91                                                               
was working or needed changes.                                                                                                  
MR. STEINER  said there  was no  data indicating  one way  or the                                                               
other that  the initiatives  are achieving  the expected  goal of                                                               
reductions in  recidivism, but  what needs to  be more  robust is                                                               
access  to  the  various rehabilitative  treatment  services  and                                                               
vocational  and educational  programs.  A bill  that passed  last                                                               
year smoothed some of the  initiatives and a bill introduced this                                                               
year is  a measured response to  the concerns about out  of state                                                               
2:24:54 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  if  he would  agree  that crime  has                                                               
increased in the  state and it he would attribute  that to Senate                                                               
Bill 91 or other factors.                                                                                                       
MR. STEINER  said crime started  increasing throughout  the state                                                               
for  several years  before Senate  Bill 91  and criminal  justice                                                               
reform  passed. He  said  the  limited data  he's  seen does  not                                                               
suggest that  criminal justice reform exacerbated  that increase.                                                               
In fact,  immediately after  Senate Bill 91  passed, most  of the                                                               
crime indicators  went down. Vehicle  theft was an  exception. He                                                               
stated that while the overall  criminal caseloads went down for a                                                               
couple of  years, the  complexity of the  cases increased  and so                                                               
did the workload.  What happened this year was  that the caseload                                                               
jumped off the chart in the  first two quarters. That is expected                                                               
to  continue for  the rest  of  the year  and into  next year  if                                                               
resources are added to increase prosecutions and investigations.                                                                
2:28:00 PM                                                                                                                    
CHAIR  COGHILL thanked  Mr.  Steiner and  advised  that his  name                                                               
would be forwarded.                                                                                                             
He asked  Megan Mackiernan  to tell  the committee  about herself                                                               
and her experience with the Human Rights Commission.                                                                            
2:28:48 PM                                                                                                                    
MEGAN  MACKIERNAN,  PA,  Appointee,  State  Commission  on  Human                                                               
Rights, Nome, Alaska,  stated that she was  a physician assistant                                                               
in Nome  and had  been working with  the Human  Rights Commission                                                               
for  the past  six months.  She was  excited about  the work  the                                                               
commission is doing.                                                                                                            
CHAIR COGHILL asked how many meetings she had attended.                                                                         
MS. MACKIERNAN replied two meetings.                                                                                            
CHAIR  COGHILL asked  her to  talk about  her first  look at  the                                                               
gender issue that came before the commission.                                                                                   
MS. MACKIERNAN  said the  commission looked at  the issue  from a                                                               
statutory  perspective,   debated  the  issue,  and   decided  to                                                               
withhold  a decision  pending the  relevant legislation  that had                                                               
been introduced.                                                                                                                
CHAIR COGHILL asked if she had prior involvement with the issue.                                                                
MS.  MACKIERNAN  said  no,  but   she  was  involved  in  several                                                               
discrimination issues in Nome.                                                                                                  
SENATOR KELLY  asked if she  would support Alaska  law regardless                                                               
of her personal position on any issue.                                                                                          
MS. MACKIERNAN answered yes.                                                                                                    
SENATOR SHOWER asked her thoughts  on China's human rights record                                                               
and the  generic oppression  of its  people regarding  freedom of                                                               
speech and other rights.                                                                                                        
MS. MACKIERNAN  said she's quite familiar  with discrimination in                                                               
China  based   on  race,   tribal  affiliation,   gender,  gender                                                               
identity, family statutes,  and disability. It is  a situation of                                                               
significant  concern, but  the  Human  Rights Commission  doesn't                                                               
have much to  say about that other than to  advocate for improved                                                               
human rights conditions for all persons around the world.                                                                       
CHAIR COGHILL thanked  Ms. Mackiernan for being  willing to serve                                                               
on what can be a very difficult commission.                                                                                     
CHAIR  COGHILL  asked  Mr.  Olin  to  tell  the  committee  about                                                               
himself, his  history with the  Human Rights Commission,  and his                                                               
interest in serving.                                                                                                            
2:34:02 PM                                                                                                                    
FREDDIE OLIN  IV, Appointee, State  Commission for  Human Rights,                                                               
Anchorage,  Alaska,   said  he  was  appointed   in  January  and                                                               
participated in  the meeting last  week. He  was part of  a group                                                               
that visited  legislative offices and discussed  the exclusion of                                                               
nonprofits  under the  human  rights law.  He  admitted that  his                                                               
learning curve would be steep.                                                                                                  
SENATOR  COSTELLO   asked  what   he  was   studying  as   a  UAF                                                               
MR.  OLIN replied  he  was  working towards  a  Bachelor of  Arts                                                               
degree  with an  emphasis on  indigenous organization  management                                                               
that is focused on working  with tribal organizations or a Native                                                               
corporation. He said he hoped to graduate in 2019.                                                                              
CHAIR COGHILL thanked Mr. Olin for being willing to serve.                                                                      
2:36:43 PM                                                                                                                    
CHAIR COGHILL  stated that in  accordance with AS  39.05.080, the                                                               
Judiciary  Committee reviewed  the following  and recommends  the                                                               
appointment be forwarded to a joint session for consideration:                                                                  
Lieutenant   Governor  Successor       Valerie  Davidson;   State                                                               
Commission for Human  Rights   Megan Mackiernan  and Freddie Olin                                                               
IV; and Public Defender  Quinlan Steiner.                                                                                       
This does  not reflect an  intent by and  of the members  to vote                                                               
for  or against  the confirmation  of the  individual during  any                                                               
further sessions.                                                                                                               
          SB 150-PRETRIAL RELEASE; NON-AK CRIM HISTORY                                                                      
2:37:28 PM                                                                                                                    
CHAIR COGHILL announced the consideration of SB 150 and noted                                                                   
that in a previous meeting the department spoke to his proposed                                                                 
amendment on the five-year lookback.                                                                                            
2:39:22 PM                                                                                                                    
At ease                                                                                                                         
2:42:22 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting.                                                                                           
2:42:31 PM                                                                                                                    
CHAIR COSTELLO moved Amendment 1, work order 30-GS2814\O.6.                                                                     
                          AMENDMENT 1                                                                                       
     OFFERED IN THE SENATE                                                                                                      
          TO:   CSSB 150(JUD), Draft Version "O"                                                                                
     Page 5, lines 13 - 14:                                                                                                     
          Delete "within the previous five years"                                                                               
CHAIR COGHILL objected for discussion purposes.                                                                                 
SENATOR COSTELLO said she appreciates the amendment because it                                                                  
allows the data to be collected and become validated data in the                                                                
CHAIR COGHILL removed his objection and Amendment 1 was adopted.                                                                
2:43:43 PM                                                                                                                    
SENATOR WIELECHOWSKI moved Amendment 2, work order 30-                                                                          
                          AMENDMENT 2                                                                                       
     OFFERED IN THE SENATE              BY SENATOR WIELECHOWSKI                                                                 
          TO:   CSSB 150(JUD), Draft Version "O"                                                                                
     Page 3, line 14:                                                                                                           
          Delete "to moderate"                                                                                                  
          Insert "[TO MODERATE]"                                                                                                
     Page 3, line 17, following "(2)":                                                                                          
          Insert "moderate to                                                                                               
SENATOR COGHILL objected.                                                                                                       
SENATOR  WIELECHOWSKI explained  that the  amendment deletes  the                                                               
requirement for mandatory release where  a person is arrested for                                                               
a misdemeanor  and is deemed  by the pretrial assessment  tool to                                                               
be  a  moderate risk.  He  pointed  out  that  a person  who  has                                                               
multiple failure  to appear  warrants in  the last  several years                                                               
and multiple  arrests could still  be deemed a moderate  risk. He                                                               
said  it's a  reasonable  approach  to say,  we're  not going  to                                                               
mandate  that judges  let these  people go  free. He  opined that                                                               
most prosecutors and  judges would agree with  this amendment. He                                                               
said he supports giving people  second chances but the people who                                                               
score high enough to be deemed  a moderate risk have already been                                                               
given  multiple chances.  He reminded  members that  the attorney                                                               
general testified that we're seeing  a situation where people are                                                               
getting arrested and released multiple times.                                                                                   
SENATOR WIELECHOWSKI  posited that changes  could be made  in the                                                               
future if  the Department  of Corrections  (DOC) develops  a more                                                               
reliable  assessment  tool,  but  until that  happens  a  fix  is                                                               
2:48:59 PM                                                                                                                    
CHAIR COGHILL  maintained his objection.  He pointed out  that if                                                               
somebody violates a  condition of release based  on mandatory OR,                                                               
they would  automatically not qualify  for the  mandatory release                                                               
provision. Their score  would be high if they  had multiple prior                                                               
failures to appear.  He said the tool may need  to be refined but                                                               
it is working well. The  implication that there is no supervision                                                               
under the  mandatory release provision  is not true. If  a person                                                               
fails  supervision,  they  never   again  qualify  for  mandatory                                                               
release. He also pointed out that  for the first time, people who                                                               
fail to appear are being caught.  That wasn't the case before DOC                                                               
implemented the pretrial assessment tool.                                                                                       
CHAIR COGHILL asked for a roll call on Amendment 2 to SB 150.                                                                   
2:50:22 PM                                                                                                                    
A roll call vote was  taken. Senators Wielechowski, Costello, and                                                               
Shower voted  in favor  of Amendment  2 for  SB 150  and Senators                                                               
Kelly  and  Coghill  voted against  it.  Therefore,  Amendment  2                                                               
passed by a 3:2 vote.                                                                                                           
2:50:50 PM                                                                                                                    
CHAIR COGHILL  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 2:50 p.m.                                                                                                            

Document Name Date/Time Subjects
Freddie Olin IV - State Commission on Human Rights.pdf SJUD 4/4/2018 1:30:00 PM
Confirmation Hearings
Quinlan Steiner - Public Defender.pdf SJUD 4/4/2018 1:30:00 PM
Confirmation Hearings
Megan Mackiernan - State Commission on Human Rights.pdf SJUD 4/4/2018 1:30:00 PM
Confirmation Hearings
Valerie Davidson - Lt. Governor Successor.pdf SJUD 4/4/2018 1:30:00 PM
Confirmation Hearings
HJR 21 - Murkowski and Warren Letter to Sessions.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Sponsor Statement.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Sessions Memo.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Walker Letter to Sessions.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - AG Lindemuth Letter to Sessions.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - AG Lindemuth Response to Sessions.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Cole Memo.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Drug Scheduling Chart.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
HJR 21 - Explanation of Changes.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
April 1 2018 Pretrial Update.pdf SJUD 4/4/2018 1:30:00 PM
SB 150
HJR 21 - Governor's Letters to Sessions.pdf SJUD 4/4/2018 1:30:00 PM
HJR 21
SB 150 - Coghill Amendment O.6.pdf SJUD 4/4/2018 1:30:00 PM
SB 150
SB 150 - Costello Amendment O.9.pdf SJUD 4/4/2018 1:30:00 PM
SB 150