Legislature(2013 - 2014)BUTROVICH 205
04/09/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB130 | |
| SB73 | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 64 | TELECONFERENCED | |
| + | HB 130 | TELECONFERENCED | |
| += | SB 73 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 64-OMNIBUS CRIME/CORRECTIONS BILL
9:25:50 AM
CHAIR DYSON announced the consideration of SB 64.
SENATOR JOHNNY ELLIS provided testimony on SB 64 on behalf of
the Senate Judiciary Committee. He remarked that in terms of
correction policies, Alaska is truly at a crossroads. Lawmakers
have an opportunity to follow the best minds in the country on
corrections reform to confront Alaska's rising prison costs,
with an emphasis on public safety. He opined that the state can
have both.
He spoke of an epiphany he had during his work on correction
policies when he came across a website called "Right On Crime."
He highly recommended the site. He noted he agreed with the
mission the group promoted. He stated that progressives and
conservatives can work together and accomplish good work. He
concluded it was a national movement.
He noted that SB 64 does several things. It is designed to stem
the tide of Alaska's climbing corrections costs, reduce
recidivism, and increase public safety. It is called the "Smart
Justice Movement."
9:29:10 AM
SENATOR ELLIS spoke of the expense of the Goose Creek
Correctional Facility project and the need to prepare for the
next mega-prison almost immediately in order to keep up with the
trajectory of increase in incarceration. He said there has to be
a better way to protect the public and protect the treasury.
CHAIR DYSON recalled information that Alaska incarcerates people
at the highest rate in the nation, and the growth in the prison
population is among the top four or five states.
SENATOR ELLIS agreed.
CHAIR DYSON said he respects Senator Ellis's experience. He
asked about policy concerns of the bill.
SENATOR ELLIS said he would need a minute to think this through.
CHAIR DYSON stated that it is the intention of the committee to
move the bill to Judiciary Committee to work on during the
interim.
9:31:09 AM
SENATOR GIESSEL moved to adopt the work draft CS for SB 64,
labeled 28-LS0116\C, as the working document. There being no
objection, version C was before the committee.
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CHAIR DYSON called a short at ease.
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CHAIR DYSON reconvened the meeting and recognized Mr. Hutchison.
CHAD HUTCHISON, Staff, Senator John Coghill, explained the
sections of SB 64 on behalf of the Senate Judiciary Committee,
sponsor of the bill.
SENATOR COGHILL suggested addressing the two conditional
driver's license issues.
9:32:47 AM
CHAIR DYSON requested information about how the bill addresses
the mission stated by Senator Ellis.
MR. HUTCHISON explained two ways that SB 64 addresses the
mission to confront Alaska's rising prison costs, with an
emphasis on public safety. The first way is by establishing the
Alaska Sentencing Commission, which is found in Section 2. The
commission will make recommendations and do the analysis with
regards to improving sentencing practices. The second way deals
with therapeutic courts, treatment programs, and limited
drivers' licenses for misdemeanants and felons.
MR. HUTCHISON provided a sectional overview. He said that
Section 1 discusses credit for the time the defendant is in
treatment. Section 3 deals with the termination of revocation of
DUI's or refusals. It states that if a person successfully
completes a court-ordered treatment program and has good
behavior and has driven under a limited license for a period of
time, the revocation terminates. It provides incentives for
people to go through the therapeutic program.
He related that Section 4 outlines when a court may grant
limited license privileges. They must be associated with a DUI
or a refusal and a person has to participate in a court-ordered
treatment program. Section 5 outlines the procedure for someone
who pleads no contest or guilty. The intent is to encourage
people to receive treatment.
He said Sections 6 and 7 were taken from SB 81 and deals with
how the court restores the license if conditions are met.
Sections 8 and 9 establish a program for certain offenders with
random drug testing and probation conditions.
9:38:02 AM
TIFFANY THOMAS, Driver Licensing Manager, Division of Motor
Vehicles, Department of Administration, presented information
related to SB 64. She explained the DMV process for termination
of revocation. She said the court does not have access to DMV
driving records, so once the revocations are modified by a DMV
hearing officer, the court signs off that they agree to the
modification of revocation and the applicant can apply to get
their license back. She said the new CS appears to alleviate
concerns about the felony termination process.
She discussed Section 4 regarding the issuance of a limited
license. In most cases the actions on a driving record run
consecutive to one another so they compound with each new
offense. This is especially true for someone convicted of a
felony DUI. By the time a person is convicted of a felony DUI,
they may already be revoked for ten years or more before they
can get to the revocation for Wellness Court. The bill would
allow a person in Wellness Court to drive with a limited
license, even though they may be revoked or suspended for
another offense.
She noted that the court does not have access to the DMV driving
record, so the problem is that the person's driving record may
not be updated to reflect that the person may be on a limited
license. If they are pulled over by law enforcement, all they
will have is a piece of paper to show the limited license,
however, their driving record may show that they are suspended
or revoked. She highlighted another problem regarding DMV's
limited license issuance for DUI's. She said it is also not
clear if DMV would need to require an ignition interlock device
with a limited license.
9:42:09 AM
CHAIR DYSON asked what the impact might be on DMV's budget.
MS. THOMAS replied that there was a zero fiscal note.
SENATOR COGHILL said there has always been a problem with
communication between the courts, DMV, and public safety. He
suggested the bill might be able to create a better
communication pathway, especially in light of accountability
measures.
CHAIR DYSON suggested the task force look at the barriers to
communication.
QUINLAN STEINER, Public Defender, Department of Administration,
presented information on SB 64. He pointed out that the bill
opens up treatment opportunities and provides incentives for
treatment participation. He spoke of the benefits of treatment
toward promoting public safety.
CHAIR DYSON noted that the Senate Judiciary Committee would work
more on that issue. He said he worries about technical parole
violators and their difficulty getting to work without a
driver's license.
9:45:38 AM
CARMEN GUTIERREZ, Alaska Prisoner Reentry Task Force, testified
in support of SB 64. She agreed with Senator Ellis' statement
that, with this bill, Alaska has a real opportunity to look at
proven best practices that may more effectively address
criminality in Alaska, reduce recidivism, and build healthier,
safer Alaska communities. She stressed that the time is right to
address this new course and direction with the creation of an
Alaska Sentencing Commission.
MS. GUTIERREZ pointed out that crime in Alaska has actually
decreased. According to the Department of Public Safety Uniform
Crime Report for 2011, all violent crime index offense total and
property crime index offense total decreased. She said in spite
of those decreases, the prison population continues to grow by 3
percent per year. Since 2005, the "hard bed" prison population
cost the state $135 per day per bed. The number of those inmates
grew from 4,200 inmates to 4,961 in 2012. At the current rate
the Department of Correction (DOC) prison population will reach
over 6,000 hard bed inmates by 2020. She stressed the need to
build the next prison if that growth rate continues.
She spoke of the goal to do what Texas did in 2007, which was to
change to cost-effective ways to reduce criminality and
recidivism. She related statistics from the Texas program: it
avoided $2 billion in projected DOC expenses; the recidivism
rate dropped, and the crime rate dropped. She described how
Texas provided effective treatment programs as the most cost
effective way to reduce costs and recidivism.
MS. GUTIERREZ concluded that the Alaska Legislature increased
DOC's budget for treatment programs within prisons and within
communities. She said she is hopeful that there will be positive
results shown in 2013 and 2014 as a result of the increased
funding.
9:51:56 AM
MS. GUTIERREZ noted that the majority of Alaska's criminal
statutes were re-written in 1982 and much has been learned since
then. She stated that this bill will help reduce criminality in
Alaska. Current laws are not working, and she is hopeful that SB
64 will make Alaska safer and healthier.
CHAIR DYSON voiced appreciation for Ms. Gutierrez's work.
MS. GUTIERREZ said it was her honor.
9:53:40 AM
JANET MCCABE, Partners for Progress, testified in support of SB
64. She described Partners for Progress' efforts initiating
Therapeutic Courts for DUI offenders in Alaska and participating
in Smart Justice in order to reduce waste of public and human
resources through excessive incarceration. She said the bill is
an excellent step toward achieving that goal. She mentioned that
Senator Dyson said by doing the smart thing, not just the tough
thing, Alaska can create good economies and public safety
improvements.
MS. MCCABE highlighted Sections 3 - 7 that allow a successful
participant in a court-ordered treatment plan to drive on a
limited license as a pathway to getting a full license. In the
classic Smart Justice format, these sections recognize the
reality of DUI offenders' addictions, as well as the reality of
every-day life in an Alaskan community without the ability to
drive.
She described the three main categories of beneficial effects
found in the five sections. The opportunity to drive legally
provides an incentive for treatment. More people opting into
Therapeutic Courts results in less costly, community-based
treatment programs. Specialized addiction treatment is designed
to break the pattern of recycling through the prison system.
Another benefit is that the possibility of employment is
enhanced. Additionally, the requirement for on-going drug and
alcohol testing is Smart Justice and is based on scientific
evidence that recovery is stabilized after 4 or 5 years of
sustained abstinence.
She concluded that SB 64 is an important step forward toward
criminal justice system reform that solves problems and reduces
excessive incarceration.
9:59:16 AM
CHAIR DYSON thanked Ms. McCabe.
SENATOR GIESSEL described an incident of a drunk driver with
chronic alcohol issues.
SENATOR COGHILL said it is not possible to stop all drunk
drivers. He noted that the bill gives the courts the capacity to
mandate the ignition interlock device, which is victim
protection. He thought the question is whether the legislature
has put enough money into the specialty courts. He emphasized
that the bill provides ways to protect the public.
JEFF MITTMAN, Executive Director, American Civil Liberties Union
(ACLU) of Alaska, testified in support of SB 64.
10:02:26 AM
CHAIR DYSON commented that there were areas that remain unclear
in the mission statement. He suggested clarifying the process
for expunging the felony conditions. He noted that other states
have done so.
He spoke of his work on restorative justice and a concern that
assets of the perpetrator should go to the victim. He understood
that many on probation serve their time serially. He voiced
concern about those who violate probation for technical reasons,
such as those related to transportation needs. He stressed the
impact of over-sentencing on a family and the social cost.
10:05:43 AM
NANCY MEADE, General Counsel, Office of the Administrative
Director, Alaska Court System, testified that the Court System
supports the Sentencing Commission that is described in Section
2 of SB 64, and that the Chief Justice is enthusiastic about
making the appointments on the Commission.
She noted that she will continue to work on the other sections
of the bill with the sponsor. She voiced support for Therapeutic
Courts. She related that many provisions came out of the
Criminal Justice Working Group. She said they recognized that
people without licenses have a hard time getting to work and to
probation appointments. She concluded that the Court System is
prepared to implement these provisions.
SENATOR ELLIS thanked Ms. Meade for supporting the bill.
CHAIR DYSON expressed hope that the administration would also
support the bill.
10:08:16 AM
SENATOR GIESSEL moved to report CS for SB 64, labeled 28-
LS0116\C, from committee with individual recommendations and
attached fiscal notes. There being no objection, CSSB 64(STA)
was reported from the Senate State Affairs Standing Committee.