Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/22/2019 06:00 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time --
+= SB 52 ALCOHOLIC BEVERAGE CONTROL; ALCOHOL REG TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SJR 3 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Moved SJR 3 Out of Committee
+= SJR 4 CONST. AM: STATE TAX; INTIATIVE TELECONFERENCED
Moved CSSJR 4(JUD) Out of Committee
+= SB 33 ARREST;RELEASE;SENTENCING;PROBATION TELECONFERENCED
Moved CSSB 33(JUD) Out of Committee
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Moved CSSB 34(JUD) Out of Committee
          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
6:33:07 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.  She announced that the next                                                               
order of business  would be SENATE BILL NO. 34,  "An Act relating                                                               
to  probation; relating  to a  program  allowing probationers  to                                                               
earn  credits for  complying with  the  conditions of  probation;                                                               
relating to  early termination of probation;  relating to parole;                                                               
relating  to a  program  allowing parolees  to  earn credits  for                                                               
complying  with  the  conditions  of parole;  relating  to  early                                                               
termination of parole; relating  to eligibility for discretionary                                                               
parole; relating  to good  time; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
She noted there was a new committee substitute.                                                                                 
                                                                                                                                
6:33:22 PM                                                                                                                    
SENATOR   REINBOLD  moved   to  adopt   the  proposed   committee                                                               
substitute  (CS)   for  SB  34,  labeled   31-GS1031\K,  Radford,                                                               
4/22/19, Version K, as the working document.                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
6:33:58 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
6:35:11 PM                                                                                                                    
MR.  WHITT  reviewed  the  changes   in  the  proposed  committee                                                               
substitute (CS) for SB 34, from Version U to K.                                                                                 
                                                                                                                                
6:35:27 PM                                                                                                                    
REGINA  LARGENT,  Staff,  Senator Shelley  Hughes,  Alaska  State                                                               
Legislature, Juneau,  testifying on  behalf of the  Chair Hughes,                                                               
introduced herself.                                                                                                             
                                                                                                                                
MR. WHITT reviewed  the first change in  the committee substitute                                                               
for SB 34, Version K.                                                                                                           
                                                                                                                                
     Title  Changes:  The following  has  been  added to  or                                                                    
     removed from the  title in order to  conform to changes                                                                    
     and added provisions;                                                                                                      
                                                                                                                                
     ? relating to restoration of a driver's license                                                                            
                                                                                                                                
6:35:39 PM                                                                                                                    
MR. WHITT reviewed Sections 4 and 5.                                                                                            
                                                                                                                                
     Sections  4  and  5:  Amends  AS  28.35.030(o)  and  AS                                                                    
     28.35.032(q) to allow the  Department of Motor Vehicles                                                                    
     to restore a person's  revoked driver's license when 10                                                                    
     years have elapsed since the  revocation and the person                                                                    
     has not  been convicted of any  criminal offense during                                                                    
     the intervening  10 years.  A license  revoked pursuant                                                                    
     to a conviction of  certain crimes against persons will                                                                    
     not  be  eligible  for restoration.  (Page  3  Line  14                                                                    
     through Page 4, Line 21)                                                                                                   
                                                                                                                                
MR. WHITT explained  that in current law if  someone is convicted                                                               
of  a felony  DUI and  the person's  license is  revoked, even  a                                                               
minor infraction would result in a lifetime revocation.                                                                         
                                                                                                                                
CHAIR HUGHES asked the record to  reflect that it was not a small                                                               
thing to drive without a  valid driver's license. She pointed out                                                               
that this provision would raise  the bar since a person convicted                                                               
of a  serious felony  not related to  driving could  have his/her                                                               
license restored. This provision  would expand revocations to all                                                               
criminal offenses but allow a reset with a 10-year clean record.                                                                
                                                                                                                                
6:38:09 PM                                                                                                                    
SENATOR  MICCICHE asked  whether this  would include  misdemeanor                                                               
offenses.                                                                                                                       
                                                                                                                                
MR. WHITT said he did not hear the question.                                                                                    
                                                                                                                                
CHAIR  HUGHES  related  her   understanding  that  this  language                                                               
currently includes misdemeanors and felonies.                                                                                   
                                                                                                                                
CHAIR HUGHES directed attention to page 3, line 23 of Version K.                                                                
                                                                                                                                
MR.  SKIDMORE  reviewed  the  language and  said  that  it  would                                                               
broaden  it  from  a  driving-related  criminal  offense  to  any                                                               
criminal offense. In further response,  he answered that it would                                                               
include misdemeanors and felonies.                                                                                              
                                                                                                                                
SENATOR REINBOLD  remarked that she  considered this to be  a big                                                               
change  since it  would  remove  "driving-related" offenses.  She                                                               
said this causes her pause.  She asked whether the administration                                                               
supports this change.                                                                                                           
                                                                                                                                
MR.  SKIDMORE said  he was  unsure  if the  administration has  a                                                               
position  on  this change  and  that  it  was  not a  change  the                                                               
Department of Law requested.                                                                                                    
                                                                                                                                
6:42:00 PM                                                                                                                    
CHAIR HUGHES related  her understanding that the  "clock gets set                                                               
once for 10  years," so a person with  a driving-related criminal                                                               
offense cannot obtain  a driver's license unless  the person goes                                                               
through the therapeutic court for  a subsequent driving under the                                                               
influence (DUI) offense.                                                                                                        
                                                                                                                                
She  stated that  she has  a conflict  of interest  until SB  89,                                                               
related to  legislative ethics passes  because she has  [a family                                                               
member who  interacts with  therapeutic courts].  She highlighted                                                               
the  concern  that  this  remedies. She  said  that  some  clinic                                                               
providers indicated that offenders  who attend therapeutic courts                                                               
can have  their licenses restored, but  other offenders indicated                                                               
the  only  way  that  they could  have  their  driver's  licenses                                                               
restored would  be to  commit another DUI  and have  that offense                                                               
referred to  the therapeutic  court. She remarked  that is  not a                                                               
good option and this language would remedy it.                                                                                  
                                                                                                                                
MR.  WHITT   emphasized  that  this   would  not   eliminate  the                                                               
department's discretion.  He directed  attention to page  3, line                                                               
19,  which  states  the  department   "may"  restore  a  person's                                                               
driver's license,  but the person  must meet  certain thresholds.                                                               
When  a person's  driver's  license  has been  revoked  due to  a                                                               
felony DUI or  other crime, a ten-year time clock  starts. At the                                                               
end of ten years, the person  would be eligible to apply, and the                                                               
department would  review the application,  he said.  However, the                                                               
department may or may not  restore the person's driver's license,                                                               
he  said. For  example,  a  "bad actor"  would  not  be issued  a                                                               
driver's license, he said.                                                                                                      
                                                                                                                                
6:44:44 PM                                                                                                                    
CHAIR HUGHES  referred to page  3, line  20, which read  "(A) the                                                               
license has been revoked for a  period of at least 10 years;" but                                                               
on page  3, line 26  it also  reads, "shall restore  the driver's                                                               
license if" and lists conditions that must be met.                                                                              
                                                                                                                                
6:45:26 PM                                                                                                                    
SENATOR  MICCICHE  related a  scenario  in  which a  person  lost                                                               
his/her driver's  license and makes  it to year nine  without any                                                               
criminal offense, but then shoots  a moose whose antlers are just                                                               
shy  of the  legal 50-inches.  He  offered his  belief that  this                                                               
provision is a huge change since  it does not limit it to felony.                                                               
He offered  his belief that  this would  be a major  obstacle for                                                               
people  who  have actually  turned  their  lives around  and  are                                                               
successful.  He said  he  did  not think  he  could support  this                                                               
language.  In response  to Chair  Hughes, he  offered his  belief                                                               
that  it should  not include  misdemeanors and  he would  like to                                                               
consider if some minor felonies  should also be excluded. He said                                                               
he  preferred  the  previous language  because  it  was  "driving                                                               
related"  and this  language relates  to driver's  privileges and                                                               
broadening  the range  of offenses  means it  is no  longer about                                                               
driving. Further,  the reason licenses  are revoked  is typically                                                               
due to  driving-related offenses. Although  his goal is  to never                                                               
break the law, he could  envision that he could accidentally take                                                               
an under legal size bull moose, he said.                                                                                        
                                                                                                                                
6:47:18 PM                                                                                                                    
SENATOR  REINBOLD  asked  whether  vehicle theft  was  a  driving                                                               
offense.                                                                                                                        
                                                                                                                                
MR. SKIDMORE answered no.                                                                                                       
                                                                                                                                
6:47:39 PM                                                                                                                    
MR.  WHITT  clarified  that  in  the  scenario  Senator  Micciche                                                               
mentioned  related   to  a  fish  and   wildlife  violation,  the                                                               
individual would  lose driver's license privileges  for life with                                                               
no recourse under  current law. This language would  pave the way                                                               
for an individual to have  his/her driving privileges reinstated.                                                               
He recapped  that if  an individual's license  was revoked  for a                                                               
period  of  ten  years  and the  person  committed  a  subsequent                                                               
criminal offense, the person would  lose his/her driver's license                                                               
for life.                                                                                                                       
                                                                                                                                
CHAIR HUGHES  pointed out that  it is limited  to driving-related                                                               
criminal offenses, which was Senator Micciche's point.                                                                          
                                                                                                                                
MR. WHITT said he understood the distinction.                                                                                   
                                                                                                                                
6:48:31 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
6:54:23 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
6:54:26 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Conceptual Amendment 1.                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  MICCICHE explained  Conceptual Amendment  1. On  page 3,                                                               
line 22,  after the  word "a"  add the  language "driving-related                                                               
criminal offense or felony."                                                                                                    
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR REINBOLD objected in order  to have the Department of Law                                                               
provide the administration's view.                                                                                              
                                                                                                                                
6:55:33 PM                                                                                                                    
SENATOR MICCICHE  said should Conceptual Amendment  1 be adopted,                                                               
the language on  page 3, line 22 would now  read: "the person has                                                               
not  been  convicted of  a  driving-related  criminal offense  or                                                               
felony in the 10 years  preceding the request for restoration [of                                                               
the license; and ?.]                                                                                                            
                                                                                                                                
MR. SKIDMORE  acknowledged that the proposed  wording made sense.                                                               
He said that [Conceptual Amendment  1] would allow someone to get                                                               
[his/her] driver's  license back more easily.  The elimination of                                                               
the   "driving-related"   criminal   offense   made   this   more                                                               
restrictive, he said.                                                                                                           
                                                                                                                                
SENATOR REINBOLD  asked for further  clarification on  "easier to                                                               
get [his/her]  license back" and  whether it was relative  to the                                                               
bill or to the amended amendment.                                                                                               
                                                                                                                                
MR. SKIDMORE  explained that under  current law, when  a person's                                                               
driver's  license  is  revoked,   the  driver's  license  can  be                                                               
restored if at least 10 years  has passed, and the person has not                                                               
been   convicted  of   a  criminal-related   offense.  Conceptual                                                               
Amendment  1 would  add  to the  "10 years  has  passed" but  the                                                               
person must  not have  committed a  driving-related offense  or a                                                               
felony offense.                                                                                                                 
                                                                                                                                
He referred  to lines 16-18,  "unless the revocation  was ordered                                                               
in  a case  in which  the person  was also  convicted of  a crime                                                               
under  AS  11.41.100  - 11.41.210,  11.41.280,  11.41.282,  or  a                                                               
similar law in  another jurisdiction ?." He said if  a person was                                                               
convicted of  crimes listed in  the language on lines  16-18, the                                                               
person  could  not restore  his/her  driver's  license but  could                                                               
under other  circumstances. He explained  the conduct  that would                                                               
disqualify a  person would  be conviction  of another  felony. It                                                               
makes it  clear restoration  occurs after ten  years and  it also                                                               
limits the categories of eligibility.                                                                                           
                                                                                                                                
6:58:15 PM                                                                                                                    
REPRESENTATIVE JOSEPHSON joined the meeting.                                                                                    
                                                                                                                                
6:58:24 PM                                                                                                                    
SENATOR REINBOLD asked who would be impacted by this language.                                                                  
                                                                                                                                
MR.  SKIDMORE  explained that  this  language  would apply  to  a                                                               
person  who committed  a felony  DUI that  did not  harm someone.                                                               
That person would be eligible  to get their driver's license back                                                               
after ten  years as long  as they didn't commit  another driving-                                                               
related offense or another felony, he said.                                                                                     
                                                                                                                                
He said that this language,  [Conceptual Amendment 1], would make                                                               
it easier for an individual  to restore his/her driver's license.                                                               
This  also  supports  what  Chair  Hughes  mentioned,  that  some                                                               
individuals who had committed felony  DUIs and had their licenses                                                               
revoked have  had difficulty  restoring their  driving privileges                                                               
without  going   through  the  therapeutic  court   process.  The                                                               
language   [in  Conceptual   Amendment   1]   would  give   these                                                               
individuals the  ability to restore their  licenses without going                                                               
through the therapeutic court process.                                                                                          
                                                                                                                                
7:00:15 PM                                                                                                                    
SENATOR REINBOLD asked whether the  language on line 24 needed to                                                               
be revised.                                                                                                                     
                                                                                                                                
MR. SKIDMORE said no.                                                                                                           
                                                                                                                                
SENATOR REINBOLD  emphasized that she  wanted to be  certain this                                                               
will  not impact  the license  revocation issue  addressed during                                                               
the Senate State Affairs Standing Committee meeting last week.                                                                  
                                                                                                                                
MR. SKIDMORE said  that he was not present  at the aforementioned                                                               
meeting, so he was unsure of the effect.                                                                                        
                                                                                                                                
7:01:51 PM                                                                                                                    
KACI  SCHROEDER,  Assistant  Attorney  General,  Central  Office,                                                               
Criminal  Division,  Department  of  Law, Juneau,  said  that  an                                                               
amendment  was   passed  in  another   crime  bill,  SB   32,  to                                                               
recriminalize  driving with  a license  that  had been  canceled,                                                               
suspended, or revoked.  She answered that it  could be considered                                                               
a   driving-related  offense,   which  would   make  the   person                                                               
ineligible for  license restoration  and would restart  the clock                                                               
for another ten-year period.                                                                                                    
                                                                                                                                
7:02:23 PM                                                                                                                    
SENATOR REINBOLD asked whether Conceptual  Amendment 1 would make                                                               
it more difficult.                                                                                                              
                                                                                                                                
MS.  SCHROEDER  responded  if the  person  committed  a  driving-                                                               
related  offense   with  a  license   that  had   been  canceled,                                                               
suspended, or revoked,  the clock would restart.  She offered her                                                               
belief that  it would be  easier to restore the  person's license                                                               
than under current law.                                                                                                         
                                                                                                                                
CHAIR  HUGHES said  that  a person  entertaining  the thought  of                                                               
committing  another DUI  in order  to use  the therapeutic  court                                                               
avenue for license  restoration would not be a  good outcome. She                                                               
stated  that  staying  clean  for  10  years  is  a  pretty  good                                                               
standard.                                                                                                                       
                                                                                                                                
7:03:16 PM                                                                                                                    
SENATOR MICCICHE commented that he  personally knows a pastor who                                                               
has helped people  turn their lives around. He  said this license                                                               
issue  is a  major problem  since people  face permanent  license                                                               
revocation.  He  recapped  that [Conceptual  Amendment  1]  would                                                               
allow a  10-year reset  so people whose  records have  been clean                                                               
for  a lengthy  time  can get  back to  driving.  He offered  his                                                               
support for Conceptual Amendment 1.                                                                                             
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR  REINBOLD objected  to  ask how  many  people this  would                                                               
impact and whether it would increase or decrease public safety.                                                                 
                                                                                                                                
MS. SCHROEDER  said that she  was unsure. She suggested  that the                                                               
Division of Motor  Vehicles may have those figures.  She said the                                                               
people  affected would  not have  any driving-related  offense or                                                               
felony  offense in  10 years,  essentially a  ten-year streak  of                                                               
good  behavior. It  would allow  them to  restore their  driver's                                                               
licenses. She said the Department of  Law (DOL) does not have any                                                               
concerns, but it would not impact the department.                                                                               
                                                                                                                                
CHAIR HUGHES  asked for  further clarification  that right  now a                                                               
misdemeanor  would move  them  out of  the  ten-year period.  She                                                               
suggested that this language would  make it tougher by adding the                                                               
felony language.                                                                                                                
                                                                                                                                
MS.  SCHROEDER  said that  the  way  she interprets  the  current                                                               
statute, people  whose licenses have  been revoked for  a 10-year                                                               
period without incurring  any new offenses would  be eligible for                                                               
license  restoration. However,  if these  individuals commit  any                                                               
new offenses,  they would incur  a lifetime ban on  their driving                                                               
privileges. This provision would  allow these individuals to have                                                               
a  new ten-year  license revocation  period. If  they commit  any                                                               
crime,  it would  restart the  clock  for another  10 years,  she                                                               
said.                                                                                                                           
                                                                                                                                
7:06:11 PM                                                                                                                    
SENATOR REINBOLD highlighted that  current law imposes a lifetime                                                               
ban and this language would reduce it dramatically to ten years.                                                                
                                                                                                                                
SENATOR MICCICHE  acknowledged this  is one solution.  He pointed                                                               
out  that many  of the  people whose  licenses are  revoked drive                                                               
anyway.  He said  [Conceptual Amendment  1] would  apply to  "the                                                               
best of the  best." This language would apply to  people who have                                                               
a "squeaky clean  record" who would otherwise be  banned for life                                                               
due  to a  single driving-related  offense. This  provision would                                                               
apply to a small subset of people  who had a felony DUI. It would                                                               
give them a second chance, he said.                                                                                             
                                                                                                                                
SENATOR  REINBOLD stressed  that this  is important,  emphasizing                                                               
that  she does  not want  to increase  risks to  the public.  She                                                               
recalled reading statistics that  indicate people typically drive                                                               
seven times with  increased blood alcohol levels  before they are                                                               
charged  with a  DUI.  Further,  people are  not  charged with  a                                                               
felony DUI until  their third DUI offense.  She expressed concern                                                               
that this policy change could increase risks to the public.                                                                     
                                                                                                                                
MS.  SCHROEDER  acknowledged that  this  type  of conduct  occurs                                                               
without  people being  arrested. However,  the department  cannot                                                               
comment on  conduct that would  not come to the  DOL's attention,                                                               
nor can it estimate how often  that conduct occurs, she said. She                                                               
characterized it  as a policy  call for the legislature  to make.                                                               
She said the DOL is comfortable with the requirement for a 10-                                                                  
year clean  record. She noted  that the recidivism rate  after 10                                                               
years is very low.                                                                                                              
                                                                                                                                
CHAIR  HUGHES  related  her understanding  that  the  therapeutic                                                               
court  includes   treatment  and   a  requirement   for  ignition                                                               
interlock  devices. She  asked whether  the 10-year  period would                                                               
create a higher standard or be equivalent.                                                                                      
                                                                                                                                
MS. SCHROEDER said that 10 years  is a long time. The therapeutic                                                               
court  program  allows offenders  to  obtain  a limited  license;                                                               
however, she stated that licensing is not her area of expertise.                                                                
                                                                                                                                
7:10:41 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Offices,  Alaska                                                               
Court System, Anchorage, explained that  people with a felony DUI                                                               
are subject to a permanent  license revocation. However, those in                                                               
the therapeutic court  may obtain limited licenses.  They must be                                                               
enrolled in  the court,  in compliance  with all  treatment, show                                                               
proof  of insurance,  and use  an ignition  interlock device.  If                                                               
therapeutic  court is  not available,  these individuals  can ask                                                               
the court  for a  hearing to obtain  limited licensure,  but they                                                               
must prove they have been sober for 18 months.                                                                                  
                                                                                                                                
She said  that under current  law, if  10 years has  lapsed since                                                               
sentencing  and  the  offender  has not  been  convicted  of  any                                                               
driving-related   criminal   offense,  the   offender's   driving                                                               
privileges can  be restored. She  related her  understanding that                                                               
the issue  being addressed is  that some people  are subsequently                                                               
charged  with  driving  with   license  suspended  (DWLS),  which                                                               
disqualifies driving  privileges for  life. She  said [Conceptual                                                               
Amendment 1] would  allow a person with a DWLS,  as described, to                                                               
restart  the 10-year  clock.  If  the person  does  not have  any                                                               
driving-related criminal  offenses during  a 10-year  period, the                                                               
individual could  get his/her license restored.  She related that                                                               
usually  those  with  an  alcohol  problem  will  have  committed                                                               
another  driving-related  offense  during that  timeframe,  which                                                               
would  disqualify  them. She  characterized  this  as opening  an                                                               
avenue to those who made a mistake early on.                                                                                    
                                                                                                                                
7:13:00 PM                                                                                                                    
CHAIR HUGHES  asked for further  clarification that  the shortest                                                               
timeframe  to  obtain  a  limited  license  would  be  for  those                                                               
individuals  who  spend  18  months  in  therapeutic  court  with                                                               
treatment.                                                                                                                      
                                                                                                                                
MS.  MEADE  responded  that  limited  licenses  could  be  issued                                                               
earlier  than   that  since  the   law  only  requires   them  to                                                               
"participate in therapeutic court."                                                                                             
                                                                                                                                
CHAIR  HUGHES offered  her belief  that this  language creates  a                                                               
high standard  since it  requires people to  have a  clean record                                                               
for 10 years.                                                                                                                   
                                                                                                                                
7:13:36 PM                                                                                                                    
SENATOR  REINBOLD  asked  whether  a DUI  offense  would  include                                                               
alcohol, marijuana, and drugs.                                                                                                  
                                                                                                                                
MS. MEADE answered yes.                                                                                                         
                                                                                                                                
SENATOR REINBOLD  explained that her  concern is whether  some of                                                               
the 43 percent of misdemeanors  that are dismissed are DUIs. This                                                               
increases risk to the public, she said.                                                                                         
                                                                                                                                
MS. MEADE  said a  person who  has gone 10  years after  a felony                                                               
without  incident  can  provide  the state  some  assurance  that                                                               
he/she is  upstanding enough to  deserve a driver's  license. She                                                               
added  that the  language on  lines  17 and  18 would  disqualify                                                               
those whose DUIs are affiliated  with death or a serious assault.                                                               
She said that language is stronger than current law.                                                                            
                                                                                                                                
7:15:21 PM                                                                                                                    
SENATOR  MICCICHE  offered his  belief  that  the most  important                                                               
change is that  it captures non-driving felony  offenses. He said                                                               
this captures many  other crimes and makes  it stricter. However,                                                               
"for the best of the best" it resets the clock.                                                                                 
                                                                                                                                
SENATOR REINBOLD  commented that  people might be  confused about                                                               
"incidents"  and conviction.  She  offered her  belief that  many                                                               
people who  drink and  drive are sneaky.  She reiterated  that 43                                                               
percent of  misdemeanors are dismissed.  She emphasized  that the                                                               
bill  says   conviction.  She  stated  that   she  would  support                                                               
Conceptual Amendment 1.                                                                                                         
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 1  was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:17:28 PM                                                                                                                    
SENATOR MICCICHE moved to adopt Conceptual Amendment 2.                                                                         
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR MICCICHE  directed attention  to page  4, line  18, after                                                               
the word, "a" and before  "criminal" add "driving-related." After                                                               
the word offense, add "or felony."                                                                                              
                                                                                                                                
He  read the  revised language  on page  4, line  18: "[(2)]  the                                                               
person  has  not been  convicted  of  a driving-related  criminal                                                               
offense or a felony in the 10 years preceding ?."                                                                               
                                                                                                                                
CHAIR HUGHES removed her objection.                                                                                             
                                                                                                                                
SENATOR REINBOLD  objected to ask  for input from  the Department                                                               
of Law and the Alaska Court System.                                                                                             
                                                                                                                                
7:18:35 PM                                                                                                                    
MR.  SKIDMORE  said  that  Conceptual   Amendment  2  is  a  good                                                               
amendment.   It  actually   makes   the   law  consistent   since                                                               
previously, the law was inconsistent between DUI and refusal.                                                                   
                                                                                                                                
SENATOR  REINBOLD  asked  for  further  clarification  that  this                                                               
language would  amend Section  5 on  page 4,  lines 18-19  of the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. SKIDMORE answered yes.                                                                                                      
                                                                                                                                
SENATOR  REINBOLD noted  that Nancy  Meade, Alaska  Court System,                                                               
was agreeing by nodding her head.                                                                                               
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:20:11 PM                                                                                                                    
MR. WHITT reviewed Section 6.                                                                                                   
                                                                                                                                
     Section  6:  Amends  AS 33.05.020(h)  to  establish  by                                                                    
     regulation   a   program    that   front-loads   earned                                                                    
     compliance  credits  where probationers  are  presented                                                                    
     with the  total credits the probationer  is eligible to                                                                    
     maintain  if  the  probationer is  compliant  with  the                                                                    
     conditions of  probation. (Page 4 Line  22 through Page                                                                    
     5, Line 13)                                                                                                                
                                                                                                                                
MR. WHITT said Senator Micciche recommended this change.                                                                        
                                                                                                                                
7:20:56 PM                                                                                                                    
SENATOR REINBOLD asked for further clarification on Section 6.                                                                  
                                                                                                                                
SENATOR MICCICHE  explained that  SB 34  would reduce  the amount                                                               
from  a one-to-one  to  one-third of  the  probation credits.  He                                                               
highlighted that  this had strong support.  During discussions on                                                               
incentives, consideration  was given to providing  incentives for                                                               
those who  are "good for  a while"  and are fully  compliant, and                                                               
whether  those  probationers  should  be  allowed  to  bank  that                                                               
compliance. Section 6  would allow those who are  on probation to                                                               
"bank" some of the credits. He  said he learned that if offenders                                                               
lose  all of  their  compliance credits,  they  unravel and  will                                                               
exhibit non-compliant  behavior. He recapped that  this provision                                                               
would reward  offenders for doing  "the best they can"  and allow                                                               
them to  earn compliance credits  if they meet the  conditions of                                                               
probation.  He pointed  out that  the  earned compliance  credits                                                               
have been reduced by 66 percent.                                                                                                
                                                                                                                                
CHAIR  HUGHES  recalled  one  of  her  teachers  once  said  that                                                               
students come into  class with an "A" and if  they complete their                                                               
assignments,  they will  keep the  grade. In  this instance,  the                                                               
person will  not earn  any more credit,  but the  individual will                                                               
get to keep the time since it is front-loaded.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  said  the probationers  must  still  earn  the                                                               
credit. He said people learn  that they will receive benefits for                                                               
being compliant,  which makes  them more  likely to  exhibit good                                                               
behavior.                                                                                                                       
                                                                                                                                
7:23:59 PM                                                                                                                    
JENNIFER WINKELMAN,  Director, Division of Probation  and Parole,                                                               
Department  of  Corrections,   Juneau,  said  that  front-loading                                                               
earned compliance  credit as explained  by Senator  Micciche will                                                               
work. She said  that "front-loading" means it is  theirs to lose.                                                               
She  referred to  it as  similar to  the statutory  good time  in                                                               
current  statute. Those  in custody  get one-third  off for  good                                                               
time  but if  they have  any violations,  they lose  some of  the                                                               
earned-compliance credits.                                                                                                      
                                                                                                                                
SENATOR  REINBOLD asked  whether  people would  get  out of  jail                                                               
sooner under this change.                                                                                                       
                                                                                                                                
MS. WINKELMAN answered no, since  this provision would only apply                                                               
to those on probation or parole.                                                                                                
                                                                                                                                
SENATOR  REINBOLD   asked  whether  the  person   would  get  off                                                               
probation earlier.                                                                                                              
                                                                                                                                
MS. WINKELMAN answered yes.                                                                                                     
                                                                                                                                
SENATOR  MICCICHE   disagreed.  He  said  that   the  probationer                                                               
previously received a  day off for every day  of compliance. This                                                               
has  been  reduced  to  one-third  of  a  day  for  each  day  of                                                               
compliance. Thus, the person would  get out later than before, he                                                               
said.                                                                                                                           
                                                                                                                                
SENATOR  REINBOLD  said  that  is  different  than  front-loading                                                               
compliance  credits.  She maintained  the  person  would get  out                                                               
earlier.                                                                                                                        
                                                                                                                                
MS. WINKELMAN  responded that the probationer  would "front-load"                                                               
the  compliance credit.  Currently the  probationer would  get 30                                                               
days  off for  30 days  of good  behavior. Under  Section 6,  the                                                               
person  would get  one-third off,  but the  person would  receive                                                               
added time for non-compliance.                                                                                                  
                                                                                                                                
CHAIR  HUGHES asked  for further  clarification that  this change                                                               
would  not mean  the person  gets out  a day  earlier, by  front-                                                               
loading the  credits. She related  her understanding that  as the                                                               
days pass,  the person would  accrue compliance credits,  but the                                                               
person would not be released earlier.                                                                                           
                                                                                                                                
MS. WINKELMAN answered yes.                                                                                                     
                                                                                                                                
7:27:33 PM                                                                                                                    
SENATOR REINBOLD  said that  she is  frustrated because  the bill                                                               
contains many  changes and she wanted  to make sure that  it does                                                               
not have unintended consequences.                                                                                               
                                                                                                                                
7:28:30 PM                                                                                                                    
SENATOR KIEHL asked about the  mechanics of the credit in Section                                                               
6. He asked whether a parolee  or probationer who follows all the                                                               
rules for  a year then "messes  up severely" could retain  any of                                                               
the front-loaded time.                                                                                                          
                                                                                                                                
SENATOR  MICCICHE related  a scenario  in which  a person  was on                                                               
probation for 90  days. Currently, the probationer  would earn 30                                                               
days off  for earned compliance  credit. If the person  messes up                                                               
[and is considered  non-compliant] for one day,  the person would                                                               
earn 29 days  of earned compliance credit. If the  person is non-                                                               
compliant for 30 days, the person  would have zero days of earned                                                               
compliance credit, he  said. He characterized it  as an incentive                                                               
with an expectation that the person  will make it 90 days without                                                               
any  noncompliance and  thus  be  off probation  in  60 days.  He                                                               
explained that  previously any non-compliance  would result  in a                                                               
complete loss  of earned-compliance credits. He  agreed that this                                                               
front-loads  compliance  credits, but  the  person  would be  off                                                               
probation or parole in 60 days if compliant.                                                                                    
                                                                                                                                
SENATOR KIEHL said that he struggles  with the notion. He said he                                                               
was unsure that  people are thrilled with the way  that good time                                                               
currently works. He offered his  belief that this would apply the                                                               
same good time model for probationers,  and he was hesitant to do                                                               
so.  He said  that the  science  of behavior  modification is  to                                                               
reward the behavior as it  happens to build habits and behavioral                                                               
change. He wondered whether front  loading would reflect the best                                                               
practice in terms of changing people's behavior.                                                                                
                                                                                                                                
CHAIR HUGHES  offered that she  has discussed good time  with Ms.                                                               
Winkelman,  and  they plan  to  review  the definition  of  "good                                                               
time,"  primarily  for  incarceration  but  it  could  extend  to                                                               
probation or  parole. Currently,  inmates earn  good time  by not                                                               
doing something wrong, she said.  However, she expressed interest                                                               
in allowing good  time to be earned by  taking classes, obtaining                                                               
training,  or  going through  treatment.  She  indicated that  an                                                               
ongoing discussion will happen for good time.                                                                                   
                                                                                                                                
7:32:07 PM                                                                                                                    
SENATOR  REINBOLD  offered  her  belief that  this  is  a  pretty                                                               
important  discussion. She  acknowledged that  the Department  of                                                               
Law and  Department of  Corrections seem  to be  comfortable with                                                               
this section.                                                                                                                   
                                                                                                                                
CHAIR HUGHES  characterized it as  an accounting process,  but it                                                               
does not get anyone out earlier.                                                                                                
                                                                                                                                
7:32:58 PM                                                                                                                    
MR.  WHITT  said Section  7  and  Section  20 coincide  with  one                                                               
another.                                                                                                                        
                                                                                                                                
     Section  7:  Amends  AS 33.05.020(i)  to  exclude  from                                                                    
     eligibility  in a  program to  earn compliance  credits                                                                    
     probationers  who are  on probation  for felony  crimes                                                                    
     against  a person,  sex offense,  unclassified felonies                                                                    
     or  for crimes  involving domestic  violence. (Page  5,                                                                    
     Lines 14-21)                                                                                                               
                                                                                                                                
SENATOR REINBOLD referred to page 5,  line 20, which read, "(4) a                                                               
crime involving  domestic violence,  as defined in  AS 18.66.990,                                                               
that  is an  offense  under  AS 11.41."  She  asked whether  this                                                               
expands the  category or if  it replicates the language  on lines                                                               
9-13, that are being deleted.                                                                                                   
                                                                                                                                
MR. SKIDMORE  related his understanding  the question  is whether                                                               
the  change  would  alter  the  statute.  He  asked  for  further                                                               
clarification on the specific cite in the bill.                                                                                 
                                                                                                                                
SENATOR  REINBOLD referred  to the  deleted language  on page  5,                                                               
lines 9-13. She said that  Section 7, lines 14-21, makes changes.                                                               
She asked for clarification on the changes.                                                                                     
                                                                                                                                
MR.  SKIDMORE  said  the  language   in  the  new  subsection  is                                                               
inclusive  of domestic  violence (DV),  but it  is limited  to DV                                                               
under  AS 11.41.  In the  language [on  line 10],  the DV  is not                                                               
limited to AS 11.41, he said.                                                                                                   
                                                                                                                                
SENATOR  REINBOLD  asked  for  further  clarification  since  the                                                               
language on line 10 requires treatment programs be completed.                                                                   
                                                                                                                                
7:37:08 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
7:42:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
7:42:47 PM                                                                                                                    
SENATOR MICCICHE made  a motion to adopt  Conceptual Amendment 3,                                                               
on page  5, line 8,  [after AS 33.30.013]  to remove ";"  and add                                                               
paragraph (4) to  read, "require that a  probationer convicted of                                                               
a crime  involving domestic violence  as defined in  as 18.66.990                                                               
complete  all  treatment  programs  required as  a  condition  of                                                               
probation  before discharge  based on  credits earned  under this                                                               
subsection."  He  said  that  he is  removing  "SEX  OFFENSES  AS                                                               
DEFINED IN AS 12.63.100 OR".                                                                                                    
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  REINBOLD said  she  wanted  certainty that  probationers                                                               
will  have  access  to  treatment  programs  as  a  condition  of                                                               
probation.                                                                                                                      
                                                                                                                                
There  being no  further objections,  Conceptual Amendment  3 was                                                               
adopted.                                                                                                                        
                                                                                                                                
7:44:41 PM                                                                                                                    
MR. WHITT reviewed  the language in Section 8,  which was brought                                                               
forth by Senator Shower.                                                                                                        
                                                                                                                                
     Section 8:  Amends AS 33.05.040(a) to  remove ambiguity                                                                    
     with  respect  to the  duties  of  a probation  officer                                                                    
     clarifying that there is an  affirmative duty to make a                                                                    
     recommendation  to the  court  either to  revoke or  to                                                                    
     maintain  probation. (Page  5 Line  22 through  Page 7,                                                                    
     Line 3)                                                                                                                    
                                                                                                                                
MR. WHITT, in response to  Chair Hughes, said that the Department                                                               
of Corrections consulted with Ms. Largent.                                                                                      
                                                                                                                                
MS. LARGENT stated that the  department did not necessarily share                                                               
the concern but found the language an appropriate remedy.                                                                       
                                                                                                                                
7:46:23 PM                                                                                                                    
SENATOR KIEHL asked whether Section 7 was discussed.                                                                            
                                                                                                                                
CHAIR HUGHES said it was wrapped up in an earlier discussion.                                                                   
                                                                                                                                
SENATOR KIEHL  asked whether  that language  was in  the original                                                               
bill.  He asked  to  focus on  the reason  to  remove all  crimes                                                               
against  a person  and the  difference in  the types  of domestic                                                               
violence (DV) that would be eligible.                                                                                           
                                                                                                                                
MR. WHITT asked for further clarification on the question.                                                                      
                                                                                                                                
SENATOR  KIEHL   said  he  understood  the   rationale  used  for                                                               
unclassified felonies  and sex offenders. However,  he was unsure                                                               
about   removing  all   felony  crimes   against  a   person.  He                                                               
anticipated  that   a  tremendous  number  of   people  would  be                                                               
released,  and it  is imperative  to change  their behavior  once                                                               
they were  out of prison.  He asked for further  clarification on                                                               
why  DV crimes  against  a person  are  treated differently  than                                                               
those that are not, in terms of compliance credits.                                                                             
                                                                                                                                
MR.  WHITT  said  he  probably  would be  unable  to  answer  the                                                               
question  fully.  He  related   his  understanding  that  Senator                                                               
Reinbold wanted  to add unclassified felonies  and Senator Shower                                                               
wanted the  rest of the language.  He said he could  not speak to                                                               
why  Senator  Shower  wanted  that  language.  He  suggested  the                                                               
Department of Law could respond.                                                                                                
                                                                                                                                
SENATOR  REINBOLD  deferred  to   Mr.  Skidmore  to  explain  the                                                               
language on  line 19,  "a crime  involving domestic  violence, as                                                               
defined in AS 18.66.990, that is  an offense under AS 11.41." She                                                               
asked whether this was more limited.                                                                                            
                                                                                                                                
MR.  SKIDMORE turned  to  page  5, Section  7  to answer  Senator                                                               
Kiehl's question.  He explained  that the  original bill  did not                                                               
limit  earned compliance  credits in  the manner  that Version  K                                                               
uses. The original  bill limited compliance credits  only for sex                                                               
offenses. That was expanded in  the Senate State Affairs Standing                                                               
Committee to  include unclassified  felonies, in addition  to the                                                               
sex offenses. He said he did  not recall the discussion of crimes                                                               
against a person under AS 11.41.  He said that in addition to the                                                               
sex crimes  this would  include assault,  robbery, and  crimes in                                                               
which a  person is injured  rather than to property.  He recalled                                                               
that  the  previous  committee did  not  want  earned  compliance                                                               
credits to apply to those types of offenses.                                                                                    
                                                                                                                                
He  recalled   that  Senator  Reinbold  and   Senator  Kiehl  had                                                               
questions on page  5, line 20 of Version K,  related to the crime                                                               
of DV  as it applies to  crimes against a person.  In addition to                                                               
the felonies  under AS 11.41,  the DV  crime against a  person in                                                               
[paragraph]  (4)  would be  a  low-level  offense in  the  fourth                                                               
degree. He  said that  would not  include all  sorts of  other DV                                                               
crimes  such as  criminal mischief  or other  types of  DV crimes                                                               
found throughout the statutes. He  explained that this would only                                                               
apply to those misdemeanor crimes  in AS 11.41. The rationale for                                                               
the distinction  was a policy  call. He reasoned that  assault in                                                               
the  fourth degree,  which deals  with injury  to a  person, must                                                               
have been deemed more significant than damage to property.                                                                      
                                                                                                                                
7:52:56 PM                                                                                                                    
SENATOR REINBOLD referred to lines  20-21, and read, "(4) a crime                                                               
involving domestic violence, as defined  in AS 18.66.990, that is                                                               
an offense under  AS 11.41." She said that AS  11.41 is a massive                                                               
section of law.                                                                                                                 
                                                                                                                                
MR. SKIDMORE said he was unsure  whether the Department of Law or                                                               
the administration  took a position  on the policy  decisions the                                                               
previous committee made, but the DOL  will not take a position on                                                               
it here.  He explained that the  only crimes the DOL  has taken a                                                               
position on  are sex  crimes and  unclassified felonies.  This is                                                               
not something the administration has sought or opposed, he said.                                                                
                                                                                                                                
SENATOR REINBOLD suggested that Senator  Shower may wish to weigh                                                               
in on this provision.                                                                                                           
                                                                                                                                
7:54:18 PM                                                                                                                    
CHAIR  HUGHES  asked whether  these  crimes  were more  egregious                                                               
ones.                                                                                                                           
                                                                                                                                
MR. SKIDMORE  explained that when  the DOL  considers prosecution                                                               
of  crimes, it  tries  to  focus first  on  the  crimes that  are                                                               
felonies and  felonies against a  person that are  categorized in                                                               
AS 11.41.  This includes assault  in the first degree  and sexual                                                               
abuse of a minor, which are more serious crimes.                                                                                
                                                                                                                                
7:55:40 PM                                                                                                                    
SENATOR KIEHL  asked for references  to the Senate  State Affairs                                                               
Standing Committee CS since he was not finding that language.                                                                   
                                                                                                                                
CHAIR HUGHES asked  Mr. Whitt to explain. She  recalled that this                                                               
was  discussed in  the previous  committee and  decided to  allow                                                               
this committee to also address the issue.                                                                                       
                                                                                                                                
7:55:50 PM                                                                                                                    
MR. WHITT pointed  out two things. First, he read  a request from                                                               
Senator Shower's  office, [not distributed to  members]. It read:                                                               
"a probationer  may not be  enrolled in the  program, established                                                               
under  (h)  of  this  section,  if  the  probationer  (1)  is  on                                                               
probation or parole for a sex  offense, or (2) is on probation or                                                               
parole  for felony  crimes against  a person  or DV  assault." He                                                               
said Senator Shower  indicated that this change would  make it so                                                               
that sex  offenders, felons,  and domestic  violence perpetrators                                                               
will  not be  eligible  for  earned credits  while  on parole  or                                                               
probation.  This   keeps  the  most  violent   people  under  the                                                               
supervision of a probation officer longer.                                                                                      
                                                                                                                                
He clarified  that the  change in proposed  Section 7(i)(4)  is a                                                               
crime involving  domestic violence,  as defined in  AS 18.66.990,                                                               
that is  an offense under  AS 11.41.  He emphasized that  it does                                                               
not say  it is  a felony  offense. It  would be  any crime  in AS                                                               
11.41, including crimes against a  person. It would match up with                                                               
DV crimes. He said that  felony crimes are addressed in paragraph                                                               
(3). It says:  "a felony crime against a person  under AS 11.41;"                                                               
and  this language  would  be for  any crime  coupled  with a  DV                                                               
charge.                                                                                                                         
                                                                                                                                
7:58:13 PM                                                                                                                    
SENATOR  REINBOLD described  AS  11.41 as  "a pretty  significant                                                               
law."                                                                                                                           
                                                                                                                                
MR. WHITT agreed that all crimes  against a person are located in                                                               
AS  11.41, including  rapes, assaults,  and  murders. In  further                                                               
response to  Senator Reinbold, he  agreed that this  language was                                                               
not in the State Affairs CS.                                                                                                    
                                                                                                                                
SENATOR REINBOLD said  she was not comfortable  with the proposed                                                               
language without clarification from the sponsor.                                                                                
                                                                                                                                
7:59:39 PM                                                                                                                    
SENATOR  MICCICHE said  he supports  the  language. He  explained                                                               
that  this pertains  to offenders  who have  served their  prison                                                               
time and  are on probation.  The language indicates  that certain                                                               
crimes are not eligible to  earn compliance credits. He said that                                                               
reviewing the  types of  crimes on  the list  led him  to believe                                                               
that  this was  the right  way to  proceed. Further,  he said  he                                                               
thinks it fits well with the  changes the committee made to other                                                               
aspects  of earned  compliance  credits.  It basically  indicates                                                               
that  offenders  are not  going  to  earn compliance  credits  if                                                               
convicted of one of these crimes                                                                                                
                                                                                                                                
CHAIR  HUGHES  commented  that  those  offenders  will  serve  33                                                               
percent longer under the proposed language.                                                                                     
                                                                                                                                
8:00:25 PM                                                                                                                    
SENATOR  KIEHL  related  his  understanding  that  the  point  of                                                               
compliance is to  change behavior. He said  the containment model                                                               
is used  for sex  offenders. He  said that  DV behaviors  need to                                                               
change. He  was unsure  the reason  the only  non-felony domestic                                                               
violence would fall under misdemeanor  assault as opposed to some                                                               
of  the  other  pretty  significant crimes  that  are  considered                                                               
domestic violence. He  said he would like to  change the behavior                                                               
of all of  those who are committing abusive  offenses so limiting                                                               
it does not make sense to him.                                                                                                  
                                                                                                                                
SENATOR  MICCICHE   explained  that   the  effect  would   be  to                                                               
essentially create cascading penalties,  which was not previously                                                               
done. He said  this language indicates that  an earned compliance                                                               
program would result in a  one-third credit unless the person has                                                               
been convicted  of certain  crimes. Other  discretionary measures                                                               
also  apply.  For example,  a  person  could still  have  his/her                                                               
probation revoked. The probation  system is still conditional. He                                                               
characterized it  as a  staged approach. He  said he  thinks this                                                               
will drive compliance because very few  people want to go back to                                                               
prison.                                                                                                                         
                                                                                                                                
8:02:58 PM                                                                                                                    
MR.  WHITT  clarified that  the  State  Affairs CS  addressed  AS                                                               
33.05.020(i).  It  reads:  "A  probationer  convicted  of  a  sex                                                               
offense, as defined  in AS 12.63.100, may not be  enrolled in the                                                               
program  established under  (h) of  this section."  He said  this                                                               
amendment expands who may not be enrolled in the program.                                                                       
                                                                                                                                
MR. WHITT continued.                                                                                                            
                                                                                                                                
     Section  10:  Amends  AS 33.16.090(a)(1)(D)  &  (E)  by                                                                    
     clarifying that  where an offender is  serving multiple                                                                    
     sentences  any  consecutive  or  partially  consecutive                                                                    
     sentence  to   the  primary   crime  is   eligible  for                                                                    
     discretionary parole  after serving ? of  the sentence.                                                                    
     (Page 8, Lines 8-17)                                                                                                       
                                                                                                                                
MR. WHITT said that this language was requested by the DOL.                                                                     
                                                                                                                                
8:04:37 PM                                                                                                                    
SENATOR REINBOLD asked the department for an explanation.                                                                       
                                                                                                                                
MR. SKIDMORE said that Section 10,  on page 8 clarifies that when                                                               
an offender  is serving multiple  sentences that  the consecutive                                                               
or  partially  consecutive  sentence  to  the  primary  crime  is                                                               
eligible for  discretionary parole  at one-quarter. He  said that                                                               
when the department  has a case in which someone  is charged with                                                               
multiple  crimes,  the  one-quarter  should apply  to  the  lower                                                               
crimes instead of  applying the same calculus to  every crime for                                                               
which  the person  is convicted.  He  said that  this would  help                                                               
ensure  that the  person  serves the  larger  portion of  his/her                                                               
sentence on the primary crime.                                                                                                  
                                                                                                                                
MR. WHITT deferred to Mr. Edwards to weigh in.                                                                                  
                                                                                                                                
8:06:25 PM                                                                                                                    
JEFF EDWARDS, Director, Parole  Board, Department of Corrections,                                                               
Anchorage,  said  that Mr.  Skidmore  covered  Section 10  pretty                                                               
well. He  directed attention to  page 8, line 8,  to subparagraph                                                               
(D),  that  would  establish the  eligibility  for  discretionary                                                               
parole.  Subparagraph (E)  offers some  clarifying language  that                                                               
applies  to  those who  do  not  earn  statutory good  time.  The                                                               
intention  was  they  would not  be  eligible  for  discretionary                                                               
parole,  which  seems  logical,   he  said.  This  language  also                                                               
provides that  any consecutive sentence  that would  disqualify a                                                               
person  for  good  time  would  also  make  them  ineligible  for                                                               
discretionary parole. He  offered his belief that  the intent was                                                               
to  omit  the  eligibility  for early  release  on  mandatory  or                                                               
discretionary parole.                                                                                                           
                                                                                                                                
8:07:32 PM                                                                                                                    
SENATOR  REINBOLD  asked  for confirmation  that  the  one-fourth                                                               
reduction does not conflict with  the important changes that were                                                               
made in the Senate State Affairs Standing Committee.                                                                            
                                                                                                                                
MR.  SKIDMORE responded  that  he did  not  believe any  conflict                                                               
exists.                                                                                                                         
                                                                                                                                
8:08:31 PM                                                                                                                    
MR. WHITT turned to Section 20,  to page 13, lines 21-28 and then                                                               
reverted to  Section 19.  He said  the conceptual  amendment that                                                               
was offered  on page 5, for  Section 6 would also  be appropriate                                                               
to offer  in this section. It  would conform the language  in the                                                               
two  sections. Section  6  applies to  probation  and Section  19                                                               
applies to parole.                                                                                                              
                                                                                                                                
CHAIR HUGHES asked for further clarification of the cite.                                                                       
                                                                                                                                
MR.  WHITT referred  to  [page  13,] line  15,  and suggested  it                                                               
should delete the  bracket and semi-colon and on  line 16, [after                                                               
"CONVICTED OF"] delete "A SEX  OFFENSE AS DEFINED IN AS 12.63.100                                                               
OR".  The  language  would  read, "[3]  require  that  a  parolee                                                               
convicted  of a  crime involving  domestic violence  complete all                                                               
treatment  programs  required as  a  condition  of parole  before                                                               
discharge based on  credits earned under this  section." He added                                                               
that the bracket would be deleted at the end of line 20.                                                                        
                                                                                                                                
8:10:28 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:12:16 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:12:21 PM                                                                                                                    
SENATOR MICCICHE moved  to adopt Conceptual Amendment  4, on page                                                               
13, lines 15. Delete ";" and  on line 16 delete "(3)" which would                                                               
become  paragraph (4).  In  addition, delete  "A  SEX OFFENSE  AS                                                               
DEFINED  IN  AS 12.63.100  OR".  After  the phrase  "notifying  a                                                               
victim  under  AS  33.30.013,"  the  language  would  read:  "(4)                                                               
require that  a parolee convicted  of a crime  involving domestic                                                               
violence complete all treatment  programs required as a condition                                                               
of parole  before discharge  based on  credits earned  under this                                                               
section."                                                                                                                       
                                                                                                                                
CHAIR HUGHES objected for discussion.                                                                                           
                                                                                                                                
SENATOR  REINBOLD   asked  for   confirmation  that  this   is  a                                                               
conforming amendment similar to ones in the other two sections.                                                                 
                                                                                                                                
CHAIR HUGHES answered yes.                                                                                                      
                                                                                                                                
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection, Conceptual Amendment 4 was adopted.                                                                                  
                                                                                                                                
8:14:07 PM                                                                                                                    
CHAIR HUGHES noted  that Senator Reinbold had a  question for Mr.                                                               
Skidmore related to a conflict  that may exist regarding the one-                                                               
fourth provision in Section 10.                                                                                                 
                                                                                                                                
8:14:17 PM                                                                                                                    
SENATOR REINBOLD referred  to the explanation of  changes for the                                                               
committee  substitute (CS)  for SB  34 [the  sectional analysis],                                                               
which read:                                                                                                                     
                                                                                                                                
     Section  10:  Amends  AS 33.16.090(a)(1)(D)  &  (E)  by                                                                    
     clarifying that  where an offender is  serving multiple                                                                    
     sentences  any  consecutive  or  partially  consecutive                                                                    
     sentence  to   the  primary   crime  is   eligible  for                                                                    
     discretionary parole after  serving [one-fourth] of the                                                                    
     sentence. (Page 8, Lines 8-17)                                                                                             
                                                                                                                                
She expressed  concern with  the language  "the primary  crime is                                                               
eligible for  discretionary parole after serving  [one-fourth] of                                                               
the  sentence."  She  recalled  that  language  was  changed  [in                                                               
Section 11]  on page  8, line  25 of Version  K, "has  served the                                                               
mandatory  minimum term  under AS  12.55.125(a) or  (b), one-half                                                           
[ONE-THIRD]  of the  active term  of imprisonment  ?." She  asked                                                               
whether  any conflict  exists throughout  the bill  since several                                                               
changes have occurred.                                                                                                          
                                                                                                                                
MR. SKIDMORE said he did not  immediately see any conflict in the                                                               
section, but he would defer to Mr. Edwards.                                                                                     
                                                                                                                                
8:15:44 PM                                                                                                                    
MR. EDWARDS responded  that the reference in Section  11 turns to                                                               
one-half for unclassified  offenses and in Section 10  it is one-                                                               
quarter for  class B and class  C felonies. He said  the types of                                                               
crimes  are  differentiated.  He  noted  that  Section  11  makes                                                               
unclassified felonies  eligible at  one-half [of the  active term                                                               
of imprisonment] for  crimes such as murder in  the first degree,                                                               
murder in the second degree. The others would remain at one-                                                                    
quarter.  He asked  for confirmation  that he  was comparing  the                                                               
right sections.                                                                                                                 
                                                                                                                                
CHAIR HUGHES  agreed. She referred  to page 8, lines  8-17, which                                                               
relates to class  B and C felonies whereas Section  11, lines 22-                                                               
26,   talks  about   [discretionary   parole]  for   unclassified                                                               
felonies.                                                                                                                       
                                                                                                                                
MR. EDWARDS  clarified the page  and line number  references were                                                               
on page 8, lines 8-12 [of Section 10] and line 25 of Section 11.                                                                
                                                                                                                                
CHAIR HUGHES asked for confirmation that he saw no conflict.                                                                    
                                                                                                                                
MR. EDWARDS said he did not see any conflict.                                                                                   
                                                                                                                                
8:17:19 PM                                                                                                                    
SENATOR  REINBOLD   said  she  wanted  assurance   because  these                                                               
sections  were definitely  strengthened after  multiple hours  of                                                               
discussion  in terms  of one-third  versus  one-half credit.  She                                                               
said that she  still has pause with discretionary  parole and she                                                               
is thrilled  with truth in sentencing  in courts to be  sure that                                                               
people understand the eight ways people can get out of jail.                                                                    
                                                                                                                                
8:18:35 PM                                                                                                                    
MR. WHITT continued:                                                                                                            
                                                                                                                                
     Section  24:  Adds  a new  section  of  uncodified  law                                                                    
     requiring the  Department of  Corrections to  develop a                                                                    
     needs  assessment of  all  rehabilitative services  for                                                                    
     each   institution  including   but   not  limited   to                                                                    
     education,  treatment,  vocational  education,  secular                                                                    
     and faith based, and pro  social programs and provide a                                                                    
     written report to the legislature by January 31, 2020.                                                                     
                                                                                                                                
8:19:04 PM                                                                                                                    
CHAIR  HUGHES  remarked  that  the  needs  assessment  report  is                                                               
necessary  as  the  committee and  department  work  to  possibly                                                               
redefine  good time.  Further, it  can  help [with  the goal]  to                                                               
incentivize those who  are incarcerated to get up out  of bed and                                                               
not   watch  television   or  play   cards  but   start  applying                                                               
themselves.  It will  help the  legislature have  a sense  of the                                                               
type  of services  available in  the institutions  throughout the                                                               
state.  This  section would  ask  the  Department of  Corrections                                                               
(DOC)  for their  wish  list to  help  those incarcerated  become                                                               
productive  and improve  themselves before  they are  let out  of                                                               
jail. This report would be available for that purpose, she said.                                                                
                                                                                                                                
8:19:59 PM                                                                                                                    
SENATOR REINBOLD recalled that Chair  Hughes mentioned she wanted                                                               
to  be sure  that prisoners  are  active. She  said this  request                                                               
appears to be a needs assessment  and report. She said she has no                                                               
idea  whether   this  language  ensures  that   prisoners  obtain                                                               
treatment.  She said  she  was hoping  that  best practices  were                                                               
being used on the best  programs available. However, this appears                                                               
to develop an assessment of rehabilitative services.                                                                            
                                                                                                                                
CHAIR  HUGHES   responded  that  the  DOC   helped  develop  this                                                               
language. She added  that SB 33 has a provision  that asks DOC to                                                               
develop a  matrix based on  evidence-based best practices  so the                                                               
legislature   can  correlate   inmate  participation   and  lower                                                               
recidivism. She  acknowledged that [Section 24]  is an assessment                                                               
so  the  legislature can  decide  next  year about  ensuring  the                                                               
options are available.  This changes the definition  of good time                                                               
to ensure that inmates must  do things to improve themselves. The                                                               
legislature  wants   to  know  what  options   are  available  at                                                               
institutions. For  example, she said that  treatment programs are                                                               
available at  some institutions and  not others. She  pointed out                                                               
that with the drug problem  and associated crime, it is important                                                               
to make  treatment available  to inmates  to the  greatest extent                                                               
possible. The  purpose here is to  find out what is  available at                                                               
the institutions and address it further next year.                                                                              
                                                                                                                                
8:22:25 PM                                                                                                                    
SENATOR MICCICHE expressed  an interest in continuing  to take up                                                               
the additional amendments in members' packets.                                                                                  
                                                                                                                                
8:22:37 PM                                                                                                                    
SENATOR  REINBOLD related  her understanding  that the  DOC would                                                               
develop  an assessment  of rehabilitation  services available  in                                                               
each institution  and to assess education,  treatment, vocational                                                               
education, secular  and faith based,  and pro social  programs in                                                               
the  state by  January 31,  2020. She  asked whether  this report                                                               
would identify what is available or  if it will identify what the                                                               
DOC needs.                                                                                                                      
                                                                                                                                
CHAIR HUGHES  answered that the  report would identify  both what                                                               
institutions have  and what the  department feels  is appropriate                                                               
at the  various institutions. She  mentioned that  the department                                                               
was  already  working on  this,  but  this provision  would  make                                                               
certain that it will be ready for the legislature.                                                                              
                                                                                                                                
8:23:44 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:27:13 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:27:23 PM                                                                                                                    
SENATOR KIEHL  moved to  adopt Conceptual  Amendment Kiehl  1. He                                                               
related  that  his  amendments  were  prepared  for  a  different                                                               
version of  the bill. He  asked members  to make two  changes. On                                                               
page 5,  line 16,  after, "for," add  "unclassified" and  on Page                                                               
13,  line  23, after  "for,"  to  add "unclassified."  Conceptual                                                               
Amendment  Kiehl 1 read as follows:                                                                                             
                                                                                                                                
     Page 4, line 23, through page 5, line 13:                                                                                  
          Delete all material and insert:                                                                                       
          "(h)  The commissioner shall establish by                                                                             
     regulation  a  program  allowing probationers  to  earn                                                                    
     credits   for   complying   with  the   conditions   of                                                                    
     probation.  The credits  earned  reduce  the period  of                                                                    
     probation.  Nothing in  this  subsection prohibits  the                                                                    
     department  from recommending  to the  court the  early                                                                    
     discharge of  the probationer as provided  in AS 33.30.                                                                    
     At a minimum, the regulations must                                                                                         
               (1)  require that a probationer earn credit                                                                  
     against the term of probation  for compliance [A CREDIT                                                                
     OF 30 DAYS  FOR EACH 30-DAY PERIOD SERVED  IN WHICH THE                                                                    
     DEFENDANT  COMPLIED] with  the conditions  of probation                                                                    
     and lose earned credit  for violation of the conditions                                                                
     of probation;                                                                                                          
               (2)  include policies and procedures for                                                                         
               (A)  calculating and tracking credits earned                                                                     
     by probationers;                                                                                                           
               (B)  reducing the probationer's period of                                                                        
     probation based  on credits earned by  the probationer;                                                                    
     and                                                                                                                        
               (C)  notifying a victim under AS 33.30.013;                                                                      
               (3)  require that a probationer convicted of                                                                     
     a [SEX OFFENSE  AS DEFINED IN AS 12.63.100  OR A] crime                                                                    
     involving domestic violence  as defined in AS 18.66.990                                                                    
     complete   all  treatment   programs   required  as   a                                                                    
     condition  of  probation   before  discharge  based  on                                                                    
     credits earned under this subsection."                                                                                     
                                                                                                                                
     Page  5, line  16, following  "for unclassified  felony                                                                
     offenses":                                                                                                                 
          Insert    "a   sex    offense   as    defined   in                                                                    
     AS 12.63.100."                                                                                                             
                                                                                                                                
     Page 5, lines 17 - 21:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Page 12, line 29, through page 13, line 20:                                                                                
          Delete all material and insert:                                                                                       
          "Sec. 33.16.270. Earned compliance credits. The                                                                     
     commissioner  shall establish  by regulation  a program                                                                    
     allowing parolees  to earn  credits for  complying with                                                                    
     the  conditions   of  parole.  The   earned  compliance                                                                    
     credits reduce  the period of  parole. Nothing  in this                                                                    
     section prohibits  the department from  recommending to                                                                    
     the  board  the  early  discharge  of  the  parolee  as                                                                    
     provided   in  this   chapter.   At   a  minimum,   the                                                                    
     regulations must                                                                                                           
               (1)  require that a parolee earn credit                                                                      
     against the  period of parole for  compliance [A CREDIT                                                                
     OF 30 DAYS  FOR EACH 30-DAY PERIOD SERVED  IN WHICH THE                                                                    
     PAROLEE  COMPLIED] with  the conditions  of parole  and                                                                
     lose earned  credit for violation of  the conditions of                                                                
     probation;                                                                                                             
               (2)  include policies and procedures for                                                                         
               (A)  calculating and tracking credits earned                                                                     
     by parolees;                                                                                                               
               (B)  reducing the parolee's period of parole                                                                     
     based on credits earned by the parolee; and                                                                          
               (C)  notifying a victim under AS 33.30.013;                                                                  
               (3)  require that a parolee convicted of a                                                                       
     [SEX  OFFENSE AS  DEFINED IN  AS 12.63.100 OR  A] crime                                                                    
     involving  domestic  violence  complete  all  treatment                                                                    
     programs  required  as  a condition  of  parole  before                                                                    
     discharge based on credits earned under this section."                                                                     
                                                                                                                                
     Page 13,  line 23,  following "for  unclassified felony                                                                
     offenses":                                                                                                                 
          Insert    "a   sex    offense   as    defined   in                                                                    
     AS 12.63.100."                                                                                                             
                                                                                                                                
     Page 13, lines 24 - 28:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
8:28:19 PM                                                                                                                    
SENATOR KIEHL  explained that Conceptual Amendment  Kiehl 1 would                                                               
take a different  approach to the compliance  credits. He offered                                                               
his belief that  the system of compliance credits  could use fine                                                               
tuning  and  the  expertise  of  the  department.  He  said  this                                                               
conceptual amendment  would instruct  the department to  create a                                                               
program for  compliance credits by  regulation. He  surmised that                                                               
the  DOC  would  use  best   practices  and  it  would  give  the                                                               
department  the  flexibility  to tailor  the  compliance  credits                                                               
where they  will do  the most  good. For example,  if it  is most                                                               
important  to  focus   on  the  first  few   months  outside  the                                                               
institution, the  DOC could front-load  the credits.  However, if                                                               
it is most  important to provide a steady stream  of credits over                                                               
time,  the department  could do  that.  He said  that this  would                                                               
apply to  probation and parole.  The exclusions  from eligibility                                                               
would  go back  to unclassified  felons and  sex offenders.  This                                                               
would  give  the  department  the ability  to  work  on  behavior                                                               
modification  to  get  offenders  back  on  the  path  to  become                                                               
successful  members of  society  and not  reoffending across  the                                                               
broadest range of people where it makes sense.                                                                                  
                                                                                                                                
CHAIR HUGHES paused to removed  her objection. Finding no further                                                               
objection, the  committee substitute (CS)  for SB 34,  work order                                                               
31-GS1031\K, Version K was adopted.                                                                                             
                                                                                                                                
CHAIR HUGHES  returned attention to Conceptual  Amendment Kiehl 1                                                               
and asked Mr. Skidmore if the Department of Law supports it.                                                                    
                                                                                                                                
8:30:58 PM                                                                                                                    
MR.  SKIDMORE  said DOL  does  not  support Conceptual  Amendment                                                               
Kiehl  1 because  it provides  for earned  compliance credits  to                                                               
unclassified felonies.                                                                                                          
                                                                                                                                
SENATOR  KIEHL clarified  that Conceptual  Amendment Kiehl  1 was                                                               
adjusted to  make "unclassified"  felonies ineligible  for earned                                                               
compliance credits.                                                                                                             
                                                                                                                                
8:32:08 PM                                                                                                                    
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:32:10 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual Amendment Kiel 1 and  Senators Reinbold, Micciche, and                                                               
Hughes voted against it. Therefore,  Conceptual Amendment Kiehl 1                                                               
failed by a 1:3 vote.                                                                                                           
                                                                                                                                
8:32:40 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 2 that                                                                  
reads as follows:                                                                                                               
                                                                                                                                
     Page 5, line 20, through page 7, line 1:                                                                                   
          Delete all material and insert:                                                                                       
        "* Sec. 8. AS 33.05.040(a) is amended to read:                                                                      
          (a)  A probation officer shall                                                                                        
               (1)   furnish to  each probationer  under the                                                                    
     supervision of  the officer a written  statement of the                                                                    
     conditions   of  probation   and  shall   instruct  the                                                                    
     probationer regarding the same;                                                                                            
               (2)   keep  informed  concerning the  conduct                                                                    
     and   condition   of   each   probationer   under   the                                                                    
     supervision  of the  officer and  shall  report on  the                                                                    
     probationer  to  the  court   placing  that  person  on                                                                    
     probation;                                                                                                                 
               (3)      use   all  suitable   methods,   not                                                                    
     inconsistent with the conditions  imposed by the court,                                                                    
     to aid probationers and to  bring about improvements in                                                                    
     their conduct and condition;                                                                                               
               (4)   keep  records  of  the probation  work,                                                                    
     including administrative  sanctions and  incentives the                                                                    
     probation officer  imposes under  AS 33.05.020(g), keep                                                                    
     accurate and  complete accounts of all  money collected                                                                    
     from  persons under  the  supervision  of the  officer,                                                                    
     give  receipts for  money collected  and make  at least                                                                    
     monthly returns  of it, make  the reports to  the court                                                                    
     and  the commissioner  required  by  them, and  perform                                                                    
     other duties the court may direct;                                                                                         
               (5)   perform duties with respect  to persons                                                                    
     on  parole as  the commissioner  shall request,  and in                                                                    
     that service shall be termed a parole officer;                                                                             
               (6)     use   administrative  sanctions   and                                                                    
     incentives developed  under AS 33.05.020(g)  to respond                                                                    
     to  a  probationer's  negative and  positive  behavior,                                                                    
     including   responses   to  technical   violations   of                                                                    
     conditions of probation,  in a way that  is intended to                                                                    
     interrupt negative  behavior in  a swift,  certain, and                                                                    
     proportional  manner   and  support  progress   with  a                                                                    
     recognition of positive behavior;                                                                                          
               (7)    upon  determining that  a  probationer                                                                    
     under  the   supervision  of  the  officer   meets  the                                                                    
     requirements of  AS 12.55.090(g), consider recommending                                                                
     [RECOMMEND] to the court [AS  SOON AS PRACTICABLE] that                                                                    
     probation  be   terminated,  and  the   probationer  be                                                                    
     discharged from probation;                                                                                                 
               (8)  for each probationer who owes                                                                               
     restitution  and who  is under  the supervision  of the                                                                    
     officer,  create a  restitution payment  schedule based                                                                    
     on the probationer's  income and ability to  pay if the                                                                    
     court  has  not  already   set  a  restitution  payment                                                                    
     schedule;                                                                                                                  
               (9)  accommodate the diligent efforts of                                                                         
     each   probationer  to   secure  and   maintain  steady                                                                    
     employment or to participate  in educational courses or                                                                    
     training programs  when prescribing the times  at which                                                                    
     a probationer shall report;                                                                                                
               (10)  permit each probationer to travel in                                                                       
     the  state  to  make  diligent efforts  to  secure  and                                                                    
     maintain  steady   employment  or  to   participate  in                                                                    
     educational courses or training  programs if the travel                                                                    
     is not inconsistent with other  terms and conditions of                                                                    
     probation."                                                                                                                
                                                                                                                                
     Page 14, line 30, through page 15, line 1:                                                                                 
          Delete "[THE AVERAGE NUMBER OF SANCTIONS ISSUED                                                                       
     UNDER  AS 33.05.020(g)  BEFORE  A  PETITION  TO  REVOKE                                                                    
     PROBATION OR PAROLE IS FILED;]"                                                                                            
          Insert "the average number of sanctions issued                                                                        
     under  AS 33.05.020(g)  before  a  petition  to  revoke                                                                    
     probation or parole is filed;"                                                                                             
                                                                                                                                
     Page 15, line 9:                                                                                                           
          Delete "12.55.100(a)(2)(H),"                                                                                          
                                                                                                                                
     Page 15, line 10:                                                                                                          
          Delete "AS 33.05.020(g), 33.05.080(1);"                                                                               
                                                                                                                                
     Page 15, line 11:                                                                                                          
          Delete "33.16.180(8),"                                                                                                
                                                                                                                                
     Page 15, line 12:                                                                                                          
          Delete ", 33.16.900(2)"                                                                                               
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  KIEHL  explained that  this  relates  to the  system  of                                                               
administrative sanctions  and incentives,  so the  department has                                                               
swift  "carrots   and  sticks"  available.   This  administrative                                                               
sanction and  incentive program  would regularize  what testimony                                                               
indicated was  inconsistent across the state.  This would provide                                                               
quick,  certain  punishments  for   minor  violations  and  still                                                               
provide incentives and benefits for  those who are doing the good                                                               
things that  they need to  do to  get their lives  turned around.                                                               
They are not just marking time.                                                                                                 
                                                                                                                                
He  said the  department could  implement this  by regulation  in                                                               
order to  fine tune  the system  of administrative  sanctions and                                                               
incentives to provide  the most effective tool  to assist inmates                                                               
in turning their  lives around, so they do not  commit new crimes                                                               
and create new victims.                                                                                                         
                                                                                                                                
CHAIR HUGHES  asked Mr.  Skidmore whether  the Department  of Law                                                               
supports or opposes the amendment.                                                                                              
                                                                                                                                
MR. SKIDMORE responded that  administrative sanctions are handled                                                               
by the Department of Corrections.                                                                                               
                                                                                                                                
8:34:39 PM                                                                                                                    
MS. WINKELMAN  said that the DOC  does not want "a  cookie cutter                                                               
approach" to  deal with  offenders. Rather,  they want  to tailor                                                               
the  response  to an  offender's  needs.  Thus, the  DOC  opposes                                                               
[Conceptual Amendment Kiehl 2].                                                                                                 
                                                                                                                                
8:34:59 PM                                                                                                                    
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:35:02 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
adopting  Conceptual Amendment  Kiehl  2  and Senators  Reinbold,                                                               
Micciche,  and Hughes  voted  against  it. Therefore,  Conceptual                                                               
Amendment Kiehl 2 failed by a 1:3 vote.                                                                                         
                                                                                                                                
8:35:22 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 3:                                                                      
                                                                                                                                
     Page 1, line 5, through page 2, line 4:                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 2, line 5:                                                                                                            
          Delete "Sec. 2"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 10:                                                                                                           
          Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                             
     AS 12.55.110]"                                                                                                             
          Insert "subject to the limits set out in                                                                              
     AS 12.55.110"                                                                                                              
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "[SUBJECT TO THE LIMITS SET OUT IN                                                                             
     AS 12.55.110]"                                                                                                             
          Insert "subject to the limits set out in                                                                              
     AS 12.55.110"                                                                                                              
                                                                                                                                
     Page 12, lines 4 - 27:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 15, lines 9 - 10:                                                                                                     
          Delete "[PROBATIONERS AND PAROLEES ADMITTED                                                                           
     SOLELY FOR A TECHNICAL VIOLATION;]"                                                                                        
          Insert "probationers and parolees admitted solely                                                                     
     for a technical violation;"                                                                                                
                                                                                                                                
     Page 15, lines 13 - 16:                                                                                                    
          Delete all material and insert:                                                                                       
          "AS 12.55.100(a)(2)(H),              12.55.110(f);                                                                    
    AS 33.05.020(g),    33.05.080(1);   AS 33.16.090(b)(2),                                                                     
    33.16.100(f),    33.16.180(8),     33.16.210(b),    and                                                                     
     33.16.900(2) are repealed."                                                                                                
                                                                                                                                
     Page 15, line 30:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 15, line 31:                                                                                                          
          Delete "sec. 2"                                                                                                       
          Insert "sec. 1"                                                                                                       
                                                                                                                                
     Page 16, line 1:                                                                                                           
          Delete "sec. 10"                                                                                                      
          Insert "sec. 9"                                                                                                       
                                                                                                                                
     Page 16, line 2:                                                                                                           
          Delete "sec. 11"                                                                                                      
          Insert "sec. 10"                                                                                                      
                                                                                                                                
     Page 16, line 5:                                                                                                           
          Delete "sec. 3"                                                                                                       
          Insert "sec. 2"                                                                                                       
                                                                                                                                
     Page 16, line 6:                                                                                                           
          Delete "sec. 6"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 16, line 7:                                                                                                           
          Delete "sec. 7"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 16, line 8:                                                                                                           
          Delete "sec. 8"                                                                                                       
          Insert "sec. 7"                                                                                                       
                                                                                                                                
     Page 16, line 11:                                                                                                          
          Delete "sec. 9"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 16, line 12:                                                                                                          
          Delete "sec. 13"                                                                                                      
          Insert "sec. 12"                                                                                                      
                                                                                                                                
     Page 16, line 13:                                                                                                          
          Delete "sec. 14"                                                                                                      
          Insert "sec. 13"                                                                                                      
                                                                                                                                
     Page 16, line 14:                                                                                                          
          Delete "sec. 15"                                                                                                      
          Insert "sec. 14"                                                                                                      
                                                                                                                                
     Page 16, line 15:                                                                                                          
          Delete "sec. 16"                                                                                                      
          Insert "sec. 15"                                                                                                      
                                                                                                                                
     Page 16, lines 16 - 17:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 16, line 18:                                                                                                          
          Delete "sec. 19"                                                                                                      
          Insert "sec. 16"                                                                                                      
                                                                                                                                
     Page 16, line 19:                                                                                                          
          Delete "sec. 20"                                                                                                      
          Insert "sec. 17"                                                                                                      
                                                                                                                                
     Page 16, line 20:                                                                                                          
          Delete "sec. 21"                                                                                                      
          Insert "sec. 18"                                                                                                      
                                                                                                                                
     Page 16, line 21:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 16, line 22:                                                                                                          
          Delete "sec. 12"                                                                                                      
          Insert "sec. 11"                                                                                                      
                                                                                                                                
     Page 16, line 24:                                                                                                          
          Delete "sec. 4"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
     Page 16, line 25:                                                                                                          
          Delete "sec. 5"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
8:35:40 PM                                                                                                                    
SENATOR KIEHL  said that this  returns the  technical violations.                                                               
He  explained   that  these  are  for   the  comparatively  small                                                               
violations  by probationers  and  parolees that  help ensure  the                                                               
effective and  efficient administration  of justice for  those in                                                               
under supervision.  He said this  would mean that the  same level                                                               
of resources  would not  be used  for those who  are late  for an                                                               
appointment as  for ones  who skip out  on their  supervision. He                                                               
said this give  the department the ability to scale  what it does                                                               
with technical violations.                                                                                                      
                                                                                                                                
CHAIR HUGHES  asked Mr.  Skidmore whether  the Department  of Law                                                               
supports the amendment.                                                                                                         
                                                                                                                                
8:37:19 PM                                                                                                                    
MR. SKIDMORE responded that the  department is vehemently opposed                                                               
to this  amendment. He said  that technical violations for  3, 5,                                                               
and 10-day  caps did not  end up being swift  nor do they  end up                                                               
being  proportional.  It  is a  one-size-fits-all  cookie  cutter                                                               
approach that line  prosecutors resoundingly said was  one of the                                                               
most ineffective provisions in Senate Bill 91.                                                                                  
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:38:04 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual  Amendment   Kiehl  3   and  Senators   Reinbold  (via                                                               
teleconference),   Micciche,  and   Hughes   voted  against   it.                                                               
Therefore, Conceptual Amendment Kiehl 3 failed by a 1:3 vote.                                                                   
                                                                                                                                
8:38:25 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 4:                                                                      
                                                                                                                                
     Page 13, line 29 - page 14, line 1:                                                                                        
                                                                                                                                
          Delete all material and insert:                                                                                       
                                                                                                                                
       "* Sec. 21. AS 33.20.010(c) is amended to read:                                                                          
               (c)  A prisoner  is entitled  to a  good time                                                                    
     deduction under (a) of this  section for any time spent                                                                    
     [UNDER  ELECTRONIC  MONITORING  OR]  in  a  residential                                                                    
     program for treatment of alcohol  or drug abuse under a                                                                    
     prerelease  furlough as  provided  in  AS 33.30.101.  A                                                                
     prisoner  may  not be  awarded  a  good time  deduction                                                                
     under (a)  of this  section for any  period spent  in a                                                                
     private residence or on electronic monitoring.                                                                         
                                                                                                                                
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR KIEHL  explained that Conceptual Amendment  Kiehl 4 would                                                               
apply  to  inpatient drug  and  alcohol  abuse treatment.  It  is                                                               
written  such that  no one  can receive  good time  for going  to                                                               
their weekly  appointment for drug  and alcohol  abuse treatment.                                                               
This is  limited to inpatient residential  settings where freedom                                                               
is restricted. This  is an opportunity to  create more incentives                                                               
for people  in such treatment  programs. He pointed  out specific                                                               
language on  line 7, "A prisoner  may not be awarded  a good time                                                               
deduction ? in a private  residence or on electronic monitoring."                                                               
This  language  would  ensure that  this  is  specifically  about                                                               
inpatient treatment  and the  more intensive  work to  get people                                                               
off of drugs and alcohol. He  said that treatment can be critical                                                               
in  turning  people  around.  He  offered  his  belief  that  not                                                               
providing a good  time deduction makes it much  more difficult to                                                               
get people to be sober  and productive members of society instead                                                               
of addicted and much more likely to commit crimes.                                                                              
                                                                                                                                
MR.  SKIDMORE said  the DOL  is opposed  to Conceptual  Amendment                                                               
Kiehl  4  While  he  understands   the  sponsor's  position,  the                                                               
administration has been opposed to  offering good time except for                                                               
anything other than a "hard bed."                                                                                               
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:40:27 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual Amendment Kiel 4 and  Senators Reinbold, Micciche, and                                                               
Hughes voted against it. Therefore,  Conceptual Amendment Kiehl 4                                                               
failed by a 1:3 vote.                                                                                                           
                                                                                                                                
8:40:54 PM                                                                                                                    
SENATOR KIEHL moved to adopt Conceptual Amendment Kiehl 5.                                                                      
                                                                                                                                
     Page 15, line 10:                                                                                                          
          Delete "12.55.110(f),"                                                                                                
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  KIEHL  explained that  this  relates  to a  petition  to                                                               
revoke when  someone has  not completed  treatment. He  said that                                                               
this  would remove  a section  from the  repealers and  return an                                                               
affirmative  defense  when  someone cannot  afford  treatment  or                                                               
cannot  get into  a  free treatment  program  despite good  faith                                                               
effort. He  said that if  someone is doing  what they can  to get                                                               
into a treatment  program but cannot afford it,  it is imperative                                                               
to make treatment available. He  clarified that this amendment is                                                               
not meant for someone who is  slacking. He said that showing good                                                               
faith is an  affirmative defense and this  language would restore                                                               
that  affirmative  defense  when  someone  faces  a  petition  to                                                               
revoke.                                                                                                                         
                                                                                                                                
MR.  SKIDMORE  stated  that  the   department  does  not  have  a                                                               
position. He  said that if  someone is not  able to pay,  the DOL                                                               
would not seek to revoke his/her probation.                                                                                     
                                                                                                                                
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
8:42:55 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Conceptual  Amendment   Kiehl  5   and  Senators   Reinbold  (via                                                               
teleconference),   Micciche,  and   Hughes   voted  against   it.                                                               
Therefore, Conceptual Amendment Kiehl 5 failed by a 1:3 vote.                                                                   
                                                                                                                                
8:43:28 PM                                                                                                                    
SENATOR KIEHL  said that Conceptual  Amendment Kiehl 6  would not                                                               
be offered since it was addressed in earlier discussions.                                                                       
                                                                                                                                
8:43:56 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:44:55 PM                                                                                                                    
CHAIR  HUGHES   reconvened  the  meeting.  She   moved  to  adopt                                                               
Amendment 7, work order 31-GS1031\K.4, Radford, 4/22/19.                                                                        
                                                                                                                                
                          AMENDMENT 7                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSB 34(JUD), Draft Version "K"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 8, line 13:                                                                                                           
          Delete   "notwithstanding    (b)(7)(C)   of   this                                                                
     section, a sentence"                                                                                                   
          Insert "a prisoner sentenced to a single                                                                          
         sentence, including a consecutive or partially                                                                     
     consecutive sentence,"                                                                                                 
                                                                                                                                
                                                                                                                                
SENATOR REINBOLD objected for discussion purposes.                                                                              
                                                                                                                                
MR. WHITT explained  that Amendment 7 pertains to  Section 10 and                                                               
was  requested  by  the  Department  of  Law.  It  addresses  the                                                               
potential  confusion that  can arise  from the  "notwithstanding"                                                               
language and  clarifies that this  specific bar  to discretionary                                                               
parole applies to sentences which include consecutive sentences.                                                                
                                                                                                                                
8:46:38 PM                                                                                                                    
MS. SCHROEDER  explained this change  would clarify  the language                                                               
in Section  10, page  8, lines  13-17. The  department originally                                                               
requested this  language because of a  potential conflict between                                                               
the  language in  subsection (b)(7)(C)  and Section  10. However,                                                               
the DOL  recognized it  might add more  confusion and  decided to                                                               
instead   insert   the   language,  "consecutive   or   partially                                                               
consecutive sentence."                                                                                                          
                                                                                                                                
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 7 was adopted.                                                                      
                                                                                                                                
8:47:59 PM                                                                                                                    
CHAIR HUGHES stated that SB 34,  Version K as amended, was before                                                               
the committee.                                                                                                                  
                                                                                                                                
8:48:04 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
8:49:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
8:49:48 PM                                                                                                                    
SENATOR  REINBOLD commented  that  the bill  has  moved a  little                                                               
faster  than she  had envisioned.  However,  she said  she was  a                                                               
strong believer in the crime bills  as a crime package to improve                                                               
public safety in  the state. This bill would also  help to ensure                                                               
that the  departments are working together  to coordinate efforts                                                               
to improve  public safety.  She said  that Alaska  is one  of the                                                               
most  dangerous states  in the  nation. She  said that  she is  a                                                               
little  uncomfortable moving  the  committee  substitute at  this                                                               
pace. However, she heard the  bill in the prior committee [Senate                                                               
Labor  and   Commerce  Standing   Committee],  so  she   is  very                                                               
comfortable with  the overall bill.  She offered her  belief that                                                               
this  bill is  a critical  step in  the right  direction for  law                                                               
enforcement and to  the DOL and DOC. She offered  her support for                                                               
the bill.                                                                                                                       
                                                                                                                                
8:51:17 PM                                                                                                                    
SENATOR  MICCICHE  said that  he  supports  the changes.  He  was                                                               
uncomfortable with one  section on the license  return issue, but                                                               
the committee worked together and  fixed some minor issues in the                                                               
drafting. He said that he is a "do pass."                                                                                       
                                                                                                                                
8:51:54 PM                                                                                                                    
SENATOR  KIEHL said  that  he  appreciated the  work  on the  DUI                                                               
section, which  was an issue he  felt needed to be  addressed. He                                                               
said that on the  whole, the bill has a lot  of fiscal impact. He                                                               
said it returns a lot  of inconsistent administration of justice,                                                               
which he believes is a  recipe for bad administration. He offered                                                               
his  belief  that  it  will  be all  fiscal  note  and  no  crime                                                               
reduction. He said that he will object to moving the bill.                                                                      
                                                                                                                                
CHAIR  HUGHES  remarked that  the  public  has expressed  concern                                                               
about   offenders  on   the  street,   but  when   offenders  are                                                               
incarcerated the public does not  have to be concerned about them                                                               
committing crimes.  She said when  offenders are on  probation or                                                               
parole that it is incumbent to  tighten the reins for the sake of                                                               
the public.  She said she will  be a "yes" vote.  She thinks that                                                               
the  state  can  achieve  some  of the  things  that  people  who                                                               
supported  Senate Bill  91  wanted to  achieve  and also  improve                                                               
public  safety.  She  emphasized  that  the  crime  bills  are  a                                                               
comprehensive  package and  the pieces  fit together.  She thinks                                                               
that as  work continues in  the coming year that  improvements in                                                               
public safety will occur. She  said that the pre-2014 data, prior                                                               
to Senate Bill  91 showed that recidivism was  dropping. She said                                                               
she hoped that recidivism would continue to drop.                                                                               
                                                                                                                                
8:54:36 PM                                                                                                                    
SENATOR REINBOLD  moved to report  the committee  substitute (CS)                                                               
for SB 34, work order  31GS1031\K as amended, from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
SENATOR KIEHL objected.                                                                                                         
                                                                                                                                
8:55:04 PM                                                                                                                    
A  roll call  vote was  taken. Senators  Reinbold, Micciche,  and                                                               
Hughes  voted  in  favor  of  reporting  the  CSSB  34(JUD)  from                                                               
committee  and Senator  Kiehl voted  against  it. Therefore,  the                                                               
CSSB  34(JUD) was  reported from  the  Senate Judiciary  Standing                                                               
Committee by a 3:1 vote.                                                                                                        
                                                                                                                                
CHAIR HUGHES asked  the record to reflect  that Legislative Legal                                                               
Services  has permission  to make  any  technical and  conforming                                                               
changes necessary to implement the adopted amendments.                                                                          

Document Name Date/Time Subjects
SJR 3 Version A.PDF SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR 3 - Sponsor Statement.pdf SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR 4 version A.pdf SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
SJR 4 Transmittal Letter.pdf SJUD 4/15/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
SJR 4 Sectional Analysis.pdf SJUD 4/22/2019 6:00:00 PM
SSTA 3/26/2019 1:30:00 PM
SSTA 3/27/2019 6:00:00 PM
SSTA 3/28/2019 3:30:00 PM
SJR 4
CSSB 33(JUD) Version U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB33 Explanation of Changes from Version M to U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB 33 Amendments.pdf SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB 34(JUD) Version K.pdf SJUD 4/22/2019 6:00:00 PM
SB 34
CSSB34 Explanation of Changes from Version U to K.pdf SJUD 4/22/2019 6:00:00 PM
SB 34
SB 52 Version U.PDF SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sponsor Statement.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sectional Analysis 2.19.19.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Title 4 Bill Summary Changes SB 76 (2018) to SB 52 (2019).pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 76
SB 52 Sectional Analysis v.U.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Sponsor Statement.pdf SJUD 4/22/2019 6:00:00 PM
SB 52
SB 52 Summary of Proposed Penalties.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52
SB 52 Summary of Goals.pdf SJUD 4/22/2019 6:00:00 PM
SL&C 3/26/2019 1:30:00 PM
SB 52