Legislature(2019 - 2020)BUTROVICH 205

03/19/2019 03:30 PM STATE AFFAIRS

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Audio Topic
03:35:29 PM Start
03:36:14 PM SB33
04:09:36 PM Confirmation Hearing(s)
05:02:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSSB 33(STA) Out of Committee
+ Consideration of Governor's Appointees: TELECONFERENCED
- Alaska Police Standards Council - Jennifer
- Alaska State Personnel Board - Craig Johnson
- Alaska State Commission for Human Rights -
Marcus Sanders
- Alaska State Public Offices Commission -
Suzanne Hancock, James McDermott, Rick Stillie
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
           SB  33-ARREST;RELEASE;SENTENCING;PROBATION                                                                       
3:36:14 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 33                                                               
"An Act  relating to  pretrial release;  relating to  sentencing;                                                               
relating  to  treatment  program   credit  toward  service  of  a                                                               
sentence  of  imprisonment; relating  to  electronic  monitoring;                                                               
amending  Rules  38.2   and  45(d),  Alaska  Rules   of  Criminal                                                               
Procedure; and providing for an effective date."                                                                                
He advised  that this bill was  last heard last  Thursday 3/14/19                                                               
and public testimony  was heard and is closed.  Written testimony                                                               
may be submitted to senate.state.affairs@akleg.gov  until 6:00 pm                                                               
this evening,  assuming the bill  moves from committee  today. He                                                               
noted  that  there  was  one  amendment   for  the  committee  to                                                               
consider. He noted who was available to answer questions.                                                                       
3:36:58 PM                                                                                                                    
SENATOR  COGHILL  moved to  adopt  Amendment  1, work  order  31-                                                               
GS1030\M.1, on behalf of Senator Reinbold as sponsor.                                                                           
                          AMENDMENT 1                                                                                       
    OFFERED IN THE SENATE               BY SENATOR REINBOLD                                                                     
          TO:  CSSB 33(STA), Draft Version "M"                                                                                  
     Page 1, line 3:                                                                                                            
          Delete "38.2"                                                                                                       
          Insert "5(a), 38.2,"                                                                                                
     Page 1, line 14:                                                                                                           
          Delete "48 [24]"                                                                                                  
          Insert "72 [24]"                                                                                                  
     Page 9, line 21:                                                                                                           
          Delete "48 [24]"                                                                                                  
          Insert "72 [24]"                                                                                                  
     Page 13, following line 29:                                                                                                
          Insert a new bill section to read:                                                                                    
        "*  Sec. 22.  The  uncodified  law of  the  State  of                                                               
     Alaska is amended by adding a new section to read:                                                                       
          DIRECT COURT RULE AMENDMENT. Rule 5(a), Alaska                                                                        
     Rules of Criminal Procedure, is amended to read:                                                                           
          (a)  Appearance Before Judicial Officer After                                                                       
               (1)  Except when the person arrested is                                                                          
     issued a  citation for  a class  C felony, misdemeanor,                                                                    
     or  a violation  and  immediately  thereafter released,                                                                    
     the  arrested  person shall  appear  before  a  judicial                                                                   
     officer  without  unnecessary delay  and  in  any  event                                                                   
     within  72  hours   [24  HOURS]  after  arrest,   absent                                                               
     compelling  circumstances,  including weekend  days  and                                                                   
               (2)  If                                                                                                          
                    (A)  the judicial officer commits the                                                                       
          arrested person to jail for a purpose other than                                                                      
          to serve a sentence, and                                                                                              
                    (B)  the jail is situated in a                                                                              
          different community from the place where the                                                                          
          judicial officer committed the arrested person to                                                                     
          jail, and                                                                                                             
                    (C)  the arrested person is not                                                                             
          represented by counsel, and                                                                                           
                    (D)  the arrested person has not                                                                            
          previously had a bail review, and                                                                                     
                    (E)  the arrested person has no date,                                                                       
          time and place established for his or her next                                                                        
          court appearance,                                                                                                     
               then the arrested person shall appear before                                                                     
          a judicial officer the next business day                                                                              
                         (i)  in order for bail to be                                                                           
               reviewed, and                                                                                                    
                         (ii)  in order to determine if the                                                                     
               person is represented by counsel, and                                                                            
                         (iii)  in order for the counsel to                                                                     
               be appointed, if appropriate.                                                                                    
               (3)  The responsibility for ensuring that                                                                        
     the arrested  person appears before  a judicial officer                                                                    
     as  specified  in   paragraphs  (1)  and  (2)  of   this                                                                   
     subsection shall be borne equally by                                                                                       
                    (A)  municipal police officers and                                                                          
          municipal jail personnel, and by                                                                                      
                    (B)  state troopers, state jail                                                                             
          personnel, and all other peace officers.                                                                              
               No distinction shall be drawn between cases                                                                      
          in which arrest was made pursuant to a warrant                                                                        
          and cases in which arrest was made without a                                                                          
               (4)  Whenever the person arrested on a                                                                           
     warrant  appears before  a judicial  officer other  than                                                                   
     the one  who issued the warrant,  the complaint and  any                                                                   
     other statement or  deposition on which the warrant  was                                                                   
     granted must be  furnished to the defendant and must  be                                                                   
     communicated  to the  judicial officer  before whom  the                                                                   
     person arrested appears.                                                                                                   
               (5)  Whenever a person arrested without a                                                                        
     warrant appears before  a judicial officer, a complaint                                                                    
     shall be filed forthwith.                                                                                                  
               (6)  Judicial officers and jail facilities                                                                       
     shall be  available at  all times to  receive bail,  and                                                                   
     each   judicial   officer   individually   shall    have                                                                   
     authority   to  delegate   this  duty   to  the   person                                                                   
     admitting  the  defendant  to jail,  or  to  such  other                                                                   
     person  as shall  in  the determination  of  a judicial                                                                    
     officer be qualified for this purpose."                                                                                    
     Renumber the following bill sections accordingly.                                                                          
     Page 23, line 22:                                                                                                          
          Delete "Sections 22 - 24"                                                                                             
          Insert "Sections 22 - 25"                                                                                             
          Delete "secs. 22 - 24"                                                                                                
          Insert "secs. 22 - 25"                                                                                                
CHAIR SHOWER objected for discussion purposes.                                                                                  
3:37:29 PM                                                                                                                    
SENATOR REINBOLD said  that the amendment modifies  the title and                                                               
changes the  timeline for arraignments  from 24 to 72  hours. She                                                               
offered  that 72  hours  allows the  troopers  time to  interview                                                               
witnesses and  allows more  time for  the victim  who may  be too                                                               
"beat up"  to be  interviewed right  away. She  shared that  both                                                               
troopers and  police officers have  complained to  her repeatedly                                                               
"that the  guys or gals  are getting released  before the  ink is                                                               
dry on the  reports." She said 72 hours allows  more flexibility,                                                               
particularly  in  rural  communities  where  resources  are  less                                                               
available and crime is higher.                                                                                                  
3:38:58 PM                                                                                                                    
SENATOR KAWASAKI recalled  that earlier testimony from  the court                                                               
indicated that 48  hours was already the outside  limit and there                                                               
wasn't  any  need  to  extend  beyond  that.  He  questioned  the                                                               
necessity of the amendment.                                                                                                     
3:39:41 PM                                                                                                                    
NANCY MEADE,  General Council, Administrative Service,  Office of                                                               
the  Administrative  Director, Alaska  Court  System,  Anchorage,                                                               
suggested  it might  be best if  the sponsor  also explained  her                                                               
view.  She confirmed  Senator Kawasaki's  recall  that the  court                                                               
system  schedules arraignments  for court  appearances within  24                                                               
hours. Current  law allows up to  48 hours and that  extension is                                                               
used occasionally  for  such things  as the defendant  is not  in                                                               
shape to appear  in court. She noted the statute  also allows the                                                               
prosecutor up  to 48 hours  to gather  the evidence for  the bail                                                               
hearing. "But the court does schedule them within 24 hours."                                                                    
CHAIR  SHOWER  asked her  to  comment  on the  situation  Senator                                                               
Reinbold  cited about  the victim  being in such  bad shape  they                                                               
were unable to provide information.                                                                                             
MS. MEADE  suggested he  ask law enforcement  to comment  on that                                                               
because she didn't have that information.                                                                                       
3:41:11 PM                                                                                                                    
SENATOR COGHILL asked if witnesses are called in an arraignment.                                                                
MS. MEADE replied not usually.                                                                                                  
CHAIR  SHOWER  asked   if  the  courts  requested   the  proposed                                                               
extension and if the court feels the extension is necessary.                                                                    
MS.  MEADE  clarified  that  the   courts  did  not  request  the                                                               
amendment.  She  noted that  she  previously testified  that  the                                                               
courts schedule arraignments  within 24 hours. The  law allows up                                                               
to 48  hours, but the  court's perspective  is that more  time is                                                               
not needed.                                                                                                                     
3:42:07 PM                                                                                                                    
SENATOR REINBOLD  clarified that the  amendment is not  about the                                                               
courts; it  is about the troopers  and victims. She  commented on                                                               
pretrial delays  and the  emphasis that the  courts place  on the                                                               
defendant and that the process is not victim oriented.                                                                          
3:43:40 PM                                                                                                                    
KACI SCHROEDER,  Assistant Attorney  General, Criminal  Division,                                                               
Department of Law, Juneau, introduced herself.                                                                                  
3:43:57 PM                                                                                                                    
MICHAEL  DUXBURY,  Deputy  Commissioner,   Department  of  Public                                                               
Safety,  Anchorage,  explained  that  rural  Alaska  has  Village                                                               
Police  Officers   (VPOs),  Tribal  Police   Officers(TPOs),  and                                                               
Village Public Safety Officers (VPSOs).  VPSOs have a good amount                                                               
of law enforcement  training whereas the VPOs and  TPOs need help                                                               
and  guidance  from the  Alaska  State  Troopers to  prepare  the                                                               
reports and charging documents in  a format that is acceptable to                                                               
the courts.  He described  the process in  Bethel as  an example.                                                               
When the troopers arrive in the  morning, they are likely to find                                                               
up  to six  reports on  the FAX  machine  from VPOs  and TPOs  in                                                               
outlying areas. Because of the lack  of training, the information                                                               
in these reports  - about probable cause for example,  may not be                                                               
in an acceptable  format for the court. The  troopers contact the                                                               
VPOs or  TPOs to supplement and  clarify the reports  before they                                                               
are  sent to  the court.  This  may take  some  time because  the                                                               
village officers may have gone off  shift. In these circumstances                                                               
the extended timeframe is helpful, he said.                                                                                     
3:46:38 PM                                                                                                                    
CHAIR SHOWER asked  if he sees a need to extend  the timeframe to                                                               
72 hours.                                                                                                                       
MR. DUXBURY offered his personal  opinion that 48 hours is better                                                               
than 24 hours and 72 hours could sometimes be important.                                                                        
CHAIR SHOWER asked  if the need for a longer  timeframe is unique                                                               
to Alaska because of geography and weather.                                                                                     
MR. DUXBURY  replied, "In a place  that is one-fifth the  size of                                                               
the  United  States with  only  13,500  miles  of road,  this  is                                                               
definitely one of our issues."                                                                                                  
CHAIR  SHOWER asked  the  Department  of Law  to  comment on  the                                                               
3:47:52 PM                                                                                                                    
MS. SCHROEDER  said 72  hours would  provide more flexibility  in                                                               
the  scenarios that  Mr.  Duxbury  described. The  Department  of                                                               
Law's perspective  is that  it trails the  Court System  and will                                                               
continue to show up whenever there are hearings.                                                                                
CHAIR SHOWER asked  if there may be constitutional  or unintended                                                               
consequences associated with extending the timeline to  72 hours.                                                               
MS.  SCHROEDER  replied DOL  did  not  assess the  amendment  for                                                               
constitutional issues,  but would not recommend  extending beyond                                                               
72 hours                                                                                                                        
CHAIR SHOWER asked if the amendment  would increase costs because                                                               
people would potentially stay in jail longer.                                                                                   
MR. DUXBURY said  he didn't believe this would  generate a fiscal                                                               
note from the troopers.                                                                                                         
3:50:02 PM                                                                                                                    
SENATOR  REINBOLD said  she sees  a lot of  benefit in  providing                                                               
more flexibility in  the timeline. This could  potentially reduce                                                               
costs  associated  with  travel  and  staffing  on  holidays  and                                                               
weekends and reduce  stress on prosecutors that  she's heard have                                                               
morale issues.                                                                                                                  
MS.  SCHROEDER said  it would  be  difficult to  assess any  cost                                                               
savings  because DOL  will continue  to show up  when the  courts                                                               
hold hearings and the court has  said it will continue to arraign                                                               
people  within 24 hours.  She confirmed  that  there is a  fiscal                                                               
impact  associated   with  the   district  attorney   offices  in                                                               
Anchorage  and Fairbanks  staffing  up on  weekends  to help  the                                                               
prosecutor handle the inflow.                                                                                                   
3:52:01 PM                                                                                                                    
SENATOR MICCICHE asked  Ms. Meade why the court  wouldn't want to                                                               
avoid some weekend  work if it reduced costs  somewhat. "Is there                                                               
a reason we feel like we need  to get to an arraignment within 24                                                               
MS. MEADE  replied the current  law is 24  hours so that  is what                                                               
the court follows.  She noted that at some point  in the past the                                                               
timeline was  changed to  48 hours, but  the courts  continued to                                                               
arraign  people  within 24  hours.  She described  the  Anchorage                                                               
"jail  court" that's  held on  the weekends.  A judicial  officer                                                               
goes to the Anchorage jail and  starts arraignments at noon. What                                                               
used to take  a couple of hours  can now last until  5:00 pm, she                                                               
said, so it would  not be feasible to wait and  arraign all those                                                               
people  on  Monday.  She  said she  anticipates  the  court  will                                                               
continue  to schedule  arraignments on  the weekends  to keep  up                                                               
with the work.                                                                                                                  
SENATOR MICCICHE  clarified for  the public  that Senate  Bill 91                                                               
reduced the arraignment  timeline from 48 hours to  24 hours, the                                                               
courts continued to hold arraignment  hearings within 24 hours of                                                               
arrest, the administration's  SB 33 returns to 48  hours, and Mr.                                                               
Duxbury testified that the flexibility  in extending the timeline                                                               
to 72  hours would  be helpful  [in rural  Alaska]. He  asked Mr.                                                               
Duxbury to comment.                                                                                                             
3:55:33 PM                                                                                                                    
MR. DUXBURY said his intent was  to relay his experience that the                                                               
24  hour timeline  has  been difficult  in  the circumstances  he                                                               
described  and that  48 hours  provided  welcome flexibility  for                                                               
troopers to better support TPOs,  VPOs and VPSOs in the villages.                                                               
He  clarified  that  he  was not  testifying  in  support  of  or                                                               
opposition to  72 hours  because he did  not have  any experience                                                               
with or data for that timeline.                                                                                                 
CHAIR SHOWER asked  what process is followed when  somebody isn't                                                               
arraigned within 24 hours.                                                                                                      
MS. SCHROEDER explained that if  DOL doesn't communicate with the                                                               
court to  get a special dispensation,  the risk is that  the case                                                               
would be dismissed.  She added that DOL does watch  the clock and                                                               
communicates with the court when it's warranted.                                                                                
3:57:22 PM                                                                                                                    
SENATOR KAWASAKI  asked how  the courts,  public safety,  and the                                                               
district attorney's  office would respond to the  proposed change                                                               
to 72 hours.                                                                                                                    
MR. DUXBURY  said he  didn't have  enough experience  to say  any                                                               
more than  the fiscal  note would  be indeterminate.  However, it                                                               
would provide  the flexibility to  allow an officer who  has been                                                               
up all night and  working on overtime to go home  for some needed                                                               
rest and go to court after the weekend.                                                                                         
MS. MEADE said  she did not anticipate any  operational or fiscal                                                               
impact  on the Court  System by  changing the  timeframe from  24                                                               
hours to 48 hours or 72 hours.                                                                                                  
MS.  SCHROEDER explained  that the  administration  is asking  to                                                               
change the timeline  to 48 hours to provide time  for such things                                                               
as engaging  in conversations  with the  court about  structuring                                                               
arraignments. The  current law does  not provide  any flexibility                                                               
for such things.                                                                                                                
CHAIR SHOWER asked if there is data  to show that cases have been                                                               
dismissed because time ran out.                                                                                                 
4:00:10 PM                                                                                                                    
MS. MEADE  said she  was not aware  of any  data about  that, but                                                               
Section 3 of  the bill says a person  can be held up  to 96 hours                                                               
if law enforcement or others legitimately need the time.                                                                        
CHAIR SHOWER  said the  struggle is to  strike the  right balance                                                               
between the rights of the victim and the rights of the accused.                                                                 
4:01:28 PM                                                                                                                    
SENATOR REINBOLD restated  her reason for offering  the amendment                                                               
had nothing  to do with  the Court System.  Rather, it's  that 24                                                               
hours is  too rushed  to ensure that  the charging  documents are                                                               
prepared  correctly  and  this  puts  the  public  at  risk.  Law                                                               
enforcement  has repeatedly  said they  don't have  time and  she                                                               
believes  that extending  the  timeline to  72  hours would  help                                                               
rural  communities. Some  people in  the Department  of Law  have                                                               
also  acknowledged  that  the extension  would  be  helpful  when                                                               
weather is  a factor.  She opined that  the extension  would save                                                               
money and improve  morale. She said she intended  to withdraw the                                                               
amendment but  wanted the  discussion on  the record.  "We've got                                                               
some serious issues;  we need to become far  more victim-centered                                                               
and not so much defendant-centered," she said.                                                                                  
4:04:07 PM                                                                                                                    
SENATOR REINBOLD withdrew Amendment 1.                                                                                          
SENATOR COGHILL clarified that he  made the motion. He added that                                                               
he  did not  support the  amendment but  appreciated the  sponsor                                                               
clearly articulating  the  benefit of pretrial  services and  the                                                               
risk assessment tool.                                                                                                           
4:04:30 PM                                                                                                                    
SENATOR COGHILL withdrew Amendment 1, work order 31-GS1030\M.1.                                                                 
SENATOR REINBOLD  clarified that she  did not talk in  support of                                                               
the pretrial risk  assessment tool. She said she  hates that tool                                                               
but does support watching people pretrial.                                                                                      
CHAIR SHOWER found  no further amendments and stated  that the CS                                                               
for SB 33 is before the committee for final discussion.                                                                         
SENATOR REINBOLD stated support for the bill.                                                                                   
CHAIR SHOWER found no further discussion and solicited a motion.                                                                
4:05:44 PM                                                                                                                    
SENATOR COGHILL moved to report  SB 33, version M, from committee                                                               
with  individual recommendations,  attached  fiscal note(s),  and                                                               
authorization   for  legislative   legal   to  make   appropriate                                                               
conforming technical changes.                                                                                                   
4:06:02 PM                                                                                                                    
SENATOR  KAWASAKI objected  to state  that there  is obviously  a                                                               
fiscal  impact to  SB  33. He  said he  highlighted  the lack  of                                                               
determinate fiscal notes  during the last hearing  and he doesn't                                                               
like to move a bill from committee without clarity on the costs.                                                                
SENATOR KAWASAKI removed his objection.                                                                                         
CHAIR  SHOWER advised  that  the  judiciary committee  will  look                                                               
closely at the provisions for electronic  monitoring and the risk                                                               
assessment tool.                                                                                                                
SENATOR REINBOLD  emphasized  that the most  important costs  are                                                               
those to victims, businesses, and society, not the state.                                                                       
4:07:04 PM                                                                                                                    
CHAIR SHOWER  found no further  objection and CSSB  33(STA) moved                                                               
from the Senate State Affairs Standing Committee.                                                                               

Document Name Date/Time Subjects
Gov. Appointee, Police Standards Council - Jennifer Winkelman - resume.pdf SSTA 3/19/2019 3:30:00 PM
Jennifer Winkelman - Resume
SB 33 Transmittal Letter.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
M.pdf SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
CS for SB 33 Ver. M
SB 33
SB 33 - Pretrial Highilghts.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - Pretrial Sectional.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 Leg. Legal Accompanying CS Memo.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - Dept. of Law Memo.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #1 - DOL.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #2 - DPS.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #3 - DOA-Public Advocacy.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #4 - DOA-Public Defender Agency.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #5 - DOC-Pre-Trial Services.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - FN #6 - DOC-Instution Director Office.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - REVISED FN - Court System.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 Amendment #1 - Sen Reinbold.pdf SSTA 3/19/2019 3:30:00 PM
SB 33
Gov. Appointee, Personnel Board - Johnson -resume.pdf SSTA 3/19/2019 3:30:00 PM
craig johnson resume
Gov. Appointee, Human Rights Commission - Sanders -resume.pdf SSTA 3/19/2019 3:30:00 PM
MArcus sanders resume
Gov. Appointee, APOC-Hancock -resume.pdf SSTA 3/19/2019 3:30:00 PM
Suzanne Hancock Resume
Gov. Appointee, APOC-McDermott -resume.pdf SSTA 3/19/2019 3:30:00 PM
James McDermott Resume
Gov. Appointee, APOC-Stillie -resume.pdf SSTA 3/19/2019 3:30:00 PM
Rick Stillie Resume