Legislature(2019 - 2020)BUTROVICH 205
02/11/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| SB167 | |
| SB162 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 166 | TELECONFERENCED | |
| *+ | SB 167 | TELECONFERENCED | |
| *+ | SB 162 | TELECONFERENCED | |
SB 167-AGGRAVATING FACTOR: CORRECTIONS OFFICER
3:45:40 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 167,
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
He invited Ms. Winkelman to present the bill.
3:46:01 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections, Juneau, Alaska, introduced SB 167, reading from the
following prepared statement:
Good afternoon Mr. Chairman and members of the Senate
State Affairs Committee. For the record, my name is
Jennifer Winkelman, Acting Deputy Commissioner for the
Department of Corrections.
Here with me today are Kelly Howell, Special
Assistant/Legislative Liaison for the Department of
Corrections, who will provide a sectional analysis of
the bill, and Kaci Schroeder, Assistant Attorney
General with the Department of Law, who is available
to answer any legal questions associated with the
bill.
Thank you for the opportunity to appear before you
today to introduce Senate Bill 167, an Act providing
for an aggravating factor at sentencing for
contractors, volunteers, and employees of the
Department of Corrections, and providing for an
effective date.
Promoting the safety and security of our correctional
facilities is the utmost priority of the Department of
Corrections.
Senate Bill 167 establishes an aggravator at
sentencing for persons convicted of promoting
contraband in the first degree if, at the time of the
offense, the person was under contract, a volunteer,
or an employee of the Department of Corrections and
the offense was committed in the course of the persons
contractual, volunteer, or employment duties.
Contractors, volunteers, and employees of the
Department of Corrections are granted special access
within our facilities to assist them in the
performance of their duties. This access bestows a
high level of trust that is paramount to supporting
and maintaining a safe and secure environment within
our facilities.
The safety and security of our correctional facilities
is seriously compromised when contraband is brought
inside the walls. When a contractor, volunteer, or
employee of the department violates that trust by
using their access to bring contraband into our
facilities, an enhanced penalty should apply.
Promoting contraband in the first degree is a class C
felony that carries a sentence of zero to two years.
By adding an additional aggravator under AS
12.55.155(c), Senate Bill 167 would allow a court to
impose a lengthier sentence on contractors,
volunteers, or employees who are convicted of this
offense.
We appreciate the opportunity to present Senate Bill
167 today and request your prompt and favorable action
on this bill.
Thank you.
3:48:31 PM
KELLY HOWELL, Special Assistant and Legislative Liaison,
Department of Corrections, Juneau, Alaska, read the following
sectional analysis for SB 167:
Section 1: Adds a new paragraph to AS 12.55.155(c)
relating to factors that shall be considered by the
sentencing court if proven and that may allow
imposition of a sentence above the statutory
presumptive range (aggravating factors). The new
factor would be conviction of an offense under AS
11.56.375 (promoting contraband in the first degree)
if the person, at the time of the conviction, was an
employee, volunteer, or under contract with the
Department of Corrections.
Section 2: Establishes that the factor added in
section 1 applies to offenses committed on or after
the effective date of the act.
Section 3: Establishes an effective date of July 1,
2020.
She noted that there are three zero fiscal notes attached to SB
167.
3:49:59 PM
SENATOR COGHILL asked how many times someone has been charged
under AS 11.56.375, promoting contraband in the first degree.
MS. WINKELMAN said she assumes he is asking about the Department
of Corrections employees.
SENATOR COGHILL replied he would like to know the total and then
how many are correctional employees.
MS. WINKELMAN said DOC is currently houses about 41 promoting
contraband cases statewide, most of which are attached to
another case. According to the DOC human resources office, less
than 5 cases involving a DOC employee, contractor, or volunteer
have gone to prosecution since 2012. She added that this
snapshot shows that the bill would affect a small number of
cases.
SENATOR COGHILL asked, for that cohort, what the difference is
between those charged and those convicted.
MS. WINKELMAN replied she did not have that number.
SENATOR COGHILL said he would like that information to
understand whether the aggravator has any impact.
3:52:43 PM
SENATOR REVAK said he would also like to know what type of
contraband was moved in those five cases. He added that his
assumption is that 5 people could move quite a lot of contraband
before they got caught.
SENATOR COGHILL asked what types of contraband account for the
highest volume.
MS. WINKELMAN responded that a person commits the crime of
promoting contraband in the first degree if the contraband is a
deadly weapon, a defensive weapon, an article that is intended
by the defendant to be used as a means of facilitating escape,
or a controlled substance.
SENATOR COGHILL asked if most of the cases that resulted in
successful prosecution involved contraband to promote escape or
drug use.
MS. WINKELMAN replied she would follow up with the specifics.
SENATOR COGHILL said he would appreciate that information
because anecdotal evidence indicates that drugs get into the
facilities far too often
SENATOR REVAK asked Ms. Winkelman to submit the information to
the committee.
3:54:57 PM
At ease
3:55:25 PM
CHAIR REVAK reconvened the meeting and opened public testimony
on SB 167. Seeing none, he said he would keep it open, but
testimony could also be submitted to ssta@akleg.gov. He noted
there were three zero fiscal notes attached to SB 167.
SENATOR REVAK held SB 167 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 166 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 166 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 167 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 167 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 162 Legal Memo 11.27.19.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Legal Memo 1.22.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Sponsor Statement 2.7.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Backup statute docs.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |