Legislature(2015 - 2016)BUTROVICH 205

02/25/2016 09:00 AM Senate STATE AFFAIRS


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Audio Topic
09:02:20 AM Start
09:03:47 AM Confirmation Hearings on Governor Appointees
10:24:39 AM SB91
10:45:40 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation on Governor's Appointees: TELECONFERENCED
-- Public Testimony on Appointment --
+ State Board of Parole: TELECONFERENCED
Steve Meyer
Jason Wilson
+ Violent Crimes Compensation Board: TELECONFERENCED
Gerad Godfrey
+ Alaska Police Standards Council: TELECONFERENCED
Carrie Belden
Bryce Johnson
John Papasodora
Brad Reich
Kelly Swihart
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
        SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                     
                                                                                                                                
10:24:39 AM                                                                                                                   
CHAIR  STOLTZE announced  the consideration  of SB  91. He  noted                                                               
Senator Coghill has four amendments to the bill.                                                                                
                                                                                                                                
SENATOR JOHN  COGHILL, sponsor  of SB  91, noted  four amendments                                                               
resulting from conversations with  the Office of Victims' Rights,                                                               
law  enforcement,   shelters  for  domestic  violence,   and  new                                                               
concepts in law. He  said the goal is to make  sure the public is                                                               
safer.                                                                                                                          
                                                                                                                                
10:26:39 AM                                                                                                                   
He explained that Amendment 1  is the largest and changes several                                                               
sections; it  is under the  misdemeanor section and  would remove                                                               
domestic violence  assaults from  the trier  fact to  ensure that                                                               
domestic violence assault  in the fourth degree  can be sentenced                                                               
within the  normal range  of the misdemeanor-A  range of  zero to                                                               
365 days  or a  year. He  added that Amendment  1 will  also take                                                               
harassment-2, trespass-2, and criminal  mischief-5 back to class-                                                               
B misdemeanors;  these changes  involve Sections  8, 13,  26, and                                                               
27.                                                                                                                             
                                                                                                                                
He  related that  under felonies,  the  inflation adjustment  was                                                               
taken  out of  the felony  theft level.  The criminal  negligence                                                               
homicide  of  a  child  remained the  same.  Sex  offenders  were                                                               
excluded  from  administrative  parole  in Section  95,  as  were                                                               
geriatric   sex  offenders.   Administrative   parole  was   made                                                               
discretionary.                                                                                                                  
                                                                                                                                
10:30:07 AM                                                                                                                   
He addressed  changes in  probation. In  Section 61,  the maximum                                                               
term of  probation for  an unclassified  felony was  increased to                                                               
ten years.  Under probation and parole,  unclassified felonies of                                                               
sexual  assault  and domestic  violence  were  excluded from  the                                                               
presumptive  early  discharge.   Language  requiring  victims  to                                                               
testify was also deleted.                                                                                                       
                                                                                                                                
He explained that suspended entry  of judgement excludes domestic                                                               
violence offenses  under Section 59.  He said there  were changes                                                               
in controlled substance;  heroin was moved into  its own category                                                               
and methamphetamine precursor language was added.                                                                               
                                                                                                                                
10:32:26 AM                                                                                                                   
JORDAN   SCHILLING,   Staff,   Senator  Coghill,   Alaska   State                                                               
Legislature, provided  information about SB  91 on behalf  of the                                                               
sponsor.  He  explained  changes   to  the  misconduct  involving                                                               
controlled substances,  responding to  concerns by the  Office of                                                               
Victims Rights (OVR). The meth  precursor language was added back                                                               
into the bill and the  enhanced presumptive range for delivery to                                                               
an  individual under  19 will  come back  up to  the unclassified                                                               
felony range,  rather than  the Class A  felony range.  There was                                                               
also concerns  from Law and  OBR that  it wouldn't be  prudent to                                                               
change  the enhanced  sentence for  possessing  drugs within  500                                                               
feet of a  school. That was moved to its  existing level. Another                                                               
concern  from OVR  was  the change  of  the enhanced  presumptive                                                               
range for manufacture  of methamphetamine in a  residence where a                                                               
child resides, so  that was also left at its  existing range of 7                                                               
to 11 years.                                                                                                                    
                                                                                                                                
SENATOR  COGHILL  clarified that  it  was  returned back  to  the                                                               
higher felony.                                                                                                                  
                                                                                                                                
He addressed a change requested  by law enforcement in Anchorage,                                                               
on page  21, lines  15 and  25. He asked  which section  that was                                                               
found in.                                                                                                                       
                                                                                                                                
MR. SCHILLING  clarified that  it is in  AS 12.25.180  or Section                                                               
37.                                                                                                                             
                                                                                                                                
SENATOR  COGHILL   continued  to  explain  that   the  change  is                                                               
regarding  someone who  is  a "significant"  danger  to self  and                                                               
others.  The  word  "significant"  was  removed.  Exceptions  for                                                               
sexual offenses were created. Also,  a new subsection was created                                                               
that offers  liability immunity for  police officers  when making                                                               
quick judgement calls.                                                                                                          
                                                                                                                                
10:35:49 AM                                                                                                                   
He  discussed  an amendment  regarding  random  drug testing  for                                                               
those who have  been convicted for a drug offense.  He said it is                                                               
a  Title 47  issue. The  amendment states  that those  in welfare                                                               
system programs  will be required  to participate in  random drug                                                               
testing. He said it is a public safety issue.                                                                                   
                                                                                                                                
CHAIR STOLTZE stated that the  amendment is focused only on those                                                               
in the criminal justice system.                                                                                                 
                                                                                                                                
SENATOR  COGHILL  agreed.  He  added  that  the  purpose  is  for                                                               
accountability and  marijuana testing  was excluded at  this time                                                               
due to questions about testing.                                                                                                 
                                                                                                                                
CHAIR STOLTZE noted that the amendments are posted on BASIS.                                                                    
                                                                                                                                
SENATOR COGHILL said Amendment 1 is the most complicated.                                                                       
                                                                                                                                
CHAIR STOLTZE suggested  a brief description of  each be included                                                               
in  the  posting.  He  thanked   Senator  Coghill  for  including                                                               
comments from the public into the changes.                                                                                      
                                                                                                                                
SENATOR COGHILL  described the extensive number  of meetings that                                                               
took place.  He maintained that the  bill is a work  in progress,                                                               
but the most troublesome areas have been addressed.                                                                             
                                                                                                                                
CHAIR STOLTZE  commented on the  outreach to police  officers and                                                               
that their testimony is reflected in the changes.                                                                               
                                                                                                                                
SENATOR COGHILL concluded  that the guiding principal  is to keep                                                               
people safe.                                                                                                                    
                                                                                                                                
CHAIR STOLTZE  pointed out that  the amendments will  most likely                                                               
be rolled into the bill.                                                                                                        
                                                                                                                                
10:41:30 AM                                                                                                                   
SENATOR HUGGINS  complimented the  committee and the  sponsor for                                                               
accommodating  outside opinions  and  ideas, as  well for  saving                                                               
money.                                                                                                                          
                                                                                                                                
SENATOR MCGUIRE agreed  and appreciated the work  the sponsor and                                                               
committee  have  done,  and  the  balance  in  the  bill  between                                                               
protection, victims' rights, and costs.  She called it one of the                                                               
best pieces of legislation in her career.                                                                                       
                                                                                                                                
CHAIR  STOLTZE appreciated  Commissioner  Williams' following  of                                                               
the legislation.                                                                                                                
                                                                                                                                
CHAIR STOLTZE held SB 91 in committee.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
Resume for Governor's Appointment - Violent Crimes Compensation Board - Gerad Godfrey.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Confirmation
Violent Crimes Compensation Board
Resume for Governor's Appointment - Board of Parole - Steven Meyer.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - Board of Parole - Jason Wilson.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - AK Police Standards Council - Kelly Swihart.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - AK Police Standards Council - John Papasodora.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - AK Police Standards Council - Carrie Belden.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - AK Police Standards Council - Bryce Johnson.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
Resume for Governor's Appointment - AK Police Standards Council - Brad Reich.pdf SSTA 2/25/2016 9:00:00 AM
Appointment
SSSB 91 Fiscal Note JUD-AJC-2-12-16 (Replacement 2-24-16).pdf SSTA 2/25/2016 9:00:00 AM
SB 91
SSSB 91 Positon Letter - APDEA 2-23-2016.pdf SSTA 2/25/2016 9:00:00 AM
SB 91
SSSB 91 Amendment N 1 (Coghill) 2-25-16.pdf SSTA 2/25/2016 9:00:00 AM
SB 91
SSSB 91 Amendment N 2 (Coghill) 2-25-16.pdf SSTA 2/25/2016 9:00:00 AM
SB 91
SSSB 91 Amendment N 3 (Coghill) 2-25-16.pdf SSTA 2/25/2016 9:00:00 AM
SB 91
SSSB 91 Amendment N 4 (Coghill) 2-25-16.pdf SSTA 2/25/2016 9:00:00 AM
SB 91