Legislature(2013 - 2014)HOUSE FINANCE 519
04/12/2014 05:00 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB56 | |
| SB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| + | SB 64 | TELECONFERENCED | |
| + | SB 104 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
April 12, 2014
5:22 p.m.
5:22:41 PM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 5:22 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Mia Costello
Representative Bryce Edgmon
Representative Les Gara
Representative David Guttenberg
Representative Lindsey Holmes
Representative Cathy Munoz
Representative Steve Thompson
Representative Tammie Wilson
MEMBERS ABSENT
Representative Mark Neuman, Vice-Chair
ALSO PRESENT
Kate Burkhart, Executive Director, Advisory Board on
Alcoholism and Drug Abuse.
PRESENT VIA TELECONFERENCE
Norman Means, Self, Palmer; Tiffany Thomas, Division of
Motor Vehicles, Anchorage; Robin Minard, Mat-Su Health
Foundation, Wasilla; Vicki Wallner, Stop Valley Thieves,
Palmer; James Noble, Self, Prudhoe Bay; Mark Mew, Anchorage
Police Department, Anchorage; Quinlan Steiner, Director,
Public Defender Agency, Department of Administration; Rick
Allen, Director, Office of Public Advocacy, Palmer; Lisa
Rieger, Cook Inlet Tribal Council, Anchorage; Jeff Jessee,
Alaska Mental Health Trust, Anchorage; Mary Geddes, Self,
Anchorages; Loi Ricker, Stop Valley Thieves; Rick Allen,
Director, Office of Public Advocacy, Palmer; Seth McMillan,
Anchorage Police Department Employees' Association,
Anchorage; Mary Geddes, Self, Anchorage; Mike Walsh, Self,
Palmer.
SUMMARY
CSSB 56(JUD)
RECLASSIFYING CERTAIN DRUG OFFENSES
CSHB 56(JUD) was HEARD and HELD in committee for
further consideration.
CSSB 64(JUD)
OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL
CSSB 64(JUD) was HEARD and HELD in committee for
further consideration.
CSSB 104(FIN)
APPROPRIATIONS FROM THE DIVIDEND FUND
CSSB 104(FIN) was HEARD and HELD in committee for
further consideration.
CS FOR SENATE BILL NO. 64(FIN)
"An Act relating to theft and property offenses;
relating to the definition of 'prior convictions' for
certain theft offenses; establishing the Alaska
Criminal Justice Commission and providing an
expiration date; relating to the crime of custodial
interference; relating to the duties of the Alaska
Judicial Council; relating to jail-time credit for
offenders in court-ordered treatment programs;
relating to conditions of release, probation, and
parole; relating to duties of the commissioner of
corrections and board of parole; establishing a fund
for reducing recidivism in the Department of Health
and Social Services; requiring the commissioner of
health and social services to establish programs for
persons on conditions of release or probation that
require testing for controlled substances and
alcoholic beverages; requiring the board of parole to
establish programs for persons on parole that require
testing for controlled substances and alcoholic
beverages; relating to the duties of the Department of
Health and Social Services; and providing for an
effective date."
5:23:58 PM
NORMAN MEANS, SELF, PALMER (via teleconference), testified
in support of the legislation, particularly the addition of
SB 108. He relayed a story about his daughter's negative
experience with a police officer and the Municipality of
Anchorage's refusal to sign an application to seal her
records after she was cleared of any wrongdoing. He opined
that her arrest record was still viewable on CourtView and
appreciated the issue being addressed in the legislation.
He stated that he was taken aback by the response to the
legislation by the Office of Victim's Rights and believed
that they had a fundamental lack of understanding of one of
the basic principles of government, which was that people
were innocent until proven guilty.
Co-Chair Stoltze clarified that SB 108 had been decoupled
from the bill. He explained that SB 108 deserved to be
considered on its own merits. He said that it was the
committee's intent to remove several measures from SB 64 so
that they could be deliberated individually.
5:28:53 PM
TIFFANY THOMAS, DIVISION OF MOTOR VEHICLES, ANCHORAGE (via
teleconference), testified specifically to Section 33. She
appreciated that the DMV had been allowed to offer thoughts
and concern as the bill had progressed; specifically,
finding ways for a person with a felony DUI to obtain
limited driving privileges and to have their criminal
revocations terminated if certain criteria was met. She
noted that the section had recently been changed to allow
DMV to review and restore a driver's license for
misdemeanor DUI offenses. She commented that under the
current sentencing laws a person convicted of a misdemeanor
offence for a DUI would have their license revoked for 90
days for the first offence; 1 year for a second offense; 3
years for a third offense; and 5 years if it was their 4th
or more, provided it was not a felony. Section 33 required
that the DMV could only restore the license if a person was
revoked for a period of at least 10 year. She felt that
most people with misdemeanor offences would not have that
long length of revocation. She asserted that a lifetime
revocation was always consecutive. She requested
clarification of the legislative intent concerning how DMV
was expected to proceed.
5:32:56 PM
Representative Wilson understood that the DMV could
sanction licenses over the per-view of the court.
Ms. Thomas responded that any time a person was arrested
for DUI the criminal action would start based on the
officers sending paperwork to the court and the license
could be administratively revoked. The DMV was bound under
the law by the time periods for revocation as the court.
Representative Wilson asked if the DMV would revoke a
person's license that had been arrested for DUI but then
had been found innocent by the court.
Ms. Thomas stated that DMV and the court operated in
parallel lanes. She said that the administrative action was
completely separate from the criminal matter, so there
could be times when the license was revoked
administratively even with the criminal action negated.
5:34:28 PM
ROBIN MINARD, MAT-SU HEALTH FOUNDATION, WASILLA (via
teleconference), stated that the majority of inmates at
Goose Creek Correctional Center suffered from various
behavioral health issues, and would be released back into
the Mat-Su community. She testified in support of SB 64.
She believed that it was time to rethink how criminal
justice dollars were being spent and the outcomes that they
yield. She relayed appreciation for the increase in the
felony threshold for property related crime, the
institution of a 24/7 sobriety program, institution of the
Probation Accountability with Certain Enforcement (PACE)
program focusing on transitional and pre-release services,
employment and housing. She applauded that the requirement
for DOC to conduct a risk needs assessment on all offenders
that had been sentenced to 30 days or more, establishing a
fund for treatment programs that contribute to reducing
recidivism and credit for time served in residential
substance abuse treatment programs were all incorporated
into the legislation.
5:36:56 PM
[Co-Chair Stoltze allowed the caller to testify early on SB
56.]
VICKI WALLNER, STOP VALLEY THIEVES, PALMER (via
teleconference), testified on SB 56. She stated that the
people in her area were tired of having theft affect them.
She asserted that the thefts were fueled by drugs. She
understood the reasons for the bill, but suggested that the
basic premise of the bill was incorrect. She felt that the
bill would not be effective towards reigning in prison
growth. She said in her experience nearly every thief
brought before the court was pled out to misdemeanor
charges that were secondary charges and were not charged
with a felony offense. She reiterated that the drugs were
driving the crime in her area.
Co-Chair Stoltze queried the testifier's opinion on the
threshold for felony theft.
Ms. Wallner replied that the system needed to be examined
and improved.
5:47:08 PM
JAMES NOBLE, SELF, PRUDHOE BAY (via teleconference),
testified in support of SB 108, which he understood was
going to be independent of SB 64. He relayed his story
about being accused of stalking and domestic violence. The
charges had been dismissed, but the record still remains on
CourtView. He opined that the record on CourtView could
still be viewed by the public which had caused
embarrassment and hardship.
5:51:52 PM
MARK MEW, ANCHORAGE POLICE DEPARTMENT, ANCHORAGE (via
teleconference), testified in support of SB 64. He
referenced his letter, which detailed his position on the
legislation and could be found in member packets (copy on
file). He believed that the Municipality of Anchorage would
be able to handle the increase in court cases.
5:54:51 PM
QUINLAN STEINER, DIRECTOR, PUBLIC DEFENDER AGENCY,
DEPARTMENT OF ADMINISTRATION (via teleconference), spoke to
the issue of felony theft. He pointed out to the committee
that in some cases the felony is committed by a very young
person who made one mistake. He said that handling such
cases a misdemeanor could promote a referral for drug or
alcohol treatment, or other issues that could be related to
the criminal conduct. He thought that there were parts of
the bill that successfully promoted rehabilitation, which
would ultimately reduce recidivism.
5:57:02 PM
Representative Wilson asked how the overloaded court system
related to the overpopulation of prisons.
Mr. Steiner replied that individual cases cost more, took
longer, and resulted in longer jail sentences. He added
that the cases were accompanied by post-conviction
petitions to revoke probation and began to spiral at that
point. He said that it was difficult to get out of the
system once in it. He stated that the treatment components
of the bill had the potential to affect real change in
recidivism rates. He asserted that there was significant
data that reported that strong rehab programs resulted in
less crime and stronger communities.
5:58:56 PM
Representative Wilson asked how many prisoners were
currently in prison waiting for trial.
Mr. Steiner replied that he could provide the information
at a later date.
5:59:37 PM
KATE BURKHART, EXECUTIVE DIRECTOR, ADVISORY BOARD ON
ALCOHOLISM AND DRUG ABUSE, testified in support of the
bill. She spoke to the provisions in SB 64 that would
promote the screening, assessment, treatment and recovery
supports for people in the custody of corrections and the
criminal justice system as a mechanism for preventing
recidivism and promoting a return to a healthy and
productive life. She said that the establishment of the
24/7 sobriety program as an option statewide was supported
by the board. She relayed that the program had been
reported to create some financial burden for people out on
bail and probation but that it kept people sober, and that
they did not reoffend. She furthered that the board was
supportive of the provisions for the PACE program. She said
that the board thought that the element of the legislation
that promoted the screening of individuals in corrections
for fetal alcohol spectrum disorders and brain based
disorders, as well as the assessment for health and
educational needs, was extremely important. She stressed
that in order for people to maintain recovery and sobriety
they had to function well in all aspects of their lives;
integral to the success of treatment was case management.
6:04:43 PM
LISA RIEGER, COOK INLET TRIBAL COUNCIL (CITC), ANCHORAGE
(via teleconference), spoke to reentry into society after
incarceration. She said that the council supported the
legislation because it would provide new innovations to
reverse the state's recidivism rates. She relayed that the
state's new prison system would soon be beyond capacity
unless the state found a way to address the substance abuse
and addiction that lead to parole violations. She offered
specific support for evidence based practices; the 24/7 and
PACE programs, and the Justice Commission and Recidivism
Reduction Fund. The council supported the section of the
bill that would clarify credit for time served in
residential programs. This legislation would provide
important new innovations to turn around Alaska recidivism
rates, save money, and make the state safer. CITC has been
operating Chanlyut, a rehabilitation program for men
recently released from prison, homelessness or substance
abuse, for the past six years. Chanlyut is modeled on the
successful Delancey Street program from California, and
operates on the principle that learning a strong work ethic
and responsibility for others is key to turning lives
around, without the use of professional staff. Chanlyut is
a 24/7 residential program located in Anchorage. Since the
start of the program, CITC has saved the state millions of
dollars by housing residents who otherwise would have been
in a corrections facility, and has many success stories. Of
the residents who have entered Chanlyut since January 2009,
70% have not reoffended after leaving the program. Key to
the positive impact of the program is both the work
component and complete responsibility each man has for the
maintenance of the house and the program. Given CITC's
experience, the opportunities offered in CSSB 64 cud) align
with Chanlyut and its operations.
6:07:49 PM
Co-Chair Stoltze spoke to the PTSD provision in the bill.
6:08:30 PM
JEFF JESSEE, ALASKA MENTAL HEALTH TRUST, ANCHORAGE (via
teleconference), testified in support of the bill. He said
that the bill contained the best strategies to achieve the
goals set out to the departments by the legislature in
order to curb recidivism rates and other problems related
to criminal justice. He believed that the creation of the
Criminal Justice Commission was necessary. He strongly
supported the current version of the legislation.
6:10:46 PM
MARY GEDDES, SELF, ANCHORAGES (via teleconference), spoke
in support of the legislation. She believed that the bill
advanced the state in the process of seeking the most
effective methods for its criminal justice dollars. She
shared that, currently, 2 out of 3 prisoners returned to
custody within the first 3 years of release. She felt that
the Criminal Justice Commission was necessary in order to
determine the best methods for the use of criminal justice
funding. She noted that Alaska's prisons would be operating
at full capacity by 2016, despite the addition of the Goose
Creek Correctional Center.
6:13:35 PM
Co-Chair Stoltze CLOSED public testimony.
CSSB 64(JUD) was HEARD and HELD in committee for further
consideration.
6:15:13 PM
AT EASE
6:16:19 PM
RECONVENED
CS FOR SENATE BILL NO. 56(JUD)
"An Act relating to certain crimes involving
controlled substances; and providing for an effective
date."
6:16:51 PM
LOI RICKER, STOP VALLEY THIEVES (via teleconference),
testified about her personal experience dealing with drug
addicts and the thefts that they commit. She opined that
she could no longer hire men who have been incarcerated
because she could not trust them not to steal. She said
that beyond the initial monetary theft there was additional
fear created by the actions of drug addicts. She said she
took her offender to court and the case was dismissed,
which made her feel unsupported. She opposed the
legislation. She felt she had been unfairly treated by the
court system during her court case. She stressed that the
drug problem in her part of the state was an epidemic.
Co-Chair Stoltze commended Stop Valley Thieves for their
effective use of social media.
6:23:13 PM
RICK ALLEN, DIRECTOR, OFFICE OF PUBLIC ADVOCACY, PALMER
(via teleconference), spoke in support of the legislation.
He pointed out that the state's drug policy had remained
the same since the Nixon Administration. He felt that the
status quo of the last 40 years had not been successful. He
believed that the legislation was a well-reasoned, common
sense reform that would benefit many his clients. He
believed that the bill would give the chance of redemption
to people who made the foolish decision to possess a small
amount of drugs. The lifelong consequences of a felony
conviction were far-reaching and severe. He asserted that
the programs outlined in the bill were working in 13 other
states, without compromising public safety.
6:24:57 PM
SETH MCMILLAN, ANCHORAGE POLICE DEPARTMENT EMPLOYEES'
ASSOCIATION, ANCHORAGE (via teleconference), testified in
opposition to the legislation. He spoke of his unique
window into the world and lives of a spectrum of drug
addicts, dealers, police informants, and drug enforcement
collaborators state-wide. He discussed the threshold limits
for each type of drug addressed in the current bill
version. He offered a rebuttal to Senator Dyson's response
to questions from a March 18, 2014 public hearing (copy on
file). He believed that the threshold limits should speak
to the economic aspects specific to Alaska. He said that
street drugs in Alaska cost 5 times more than a user would
pay anywhere else in the Lower 48. He opined the financial
incentive to bring wholesale purchase drugs into Alaska and
send them into the street in small amounts and at inflated
prices that an Alaskan addict would unquestionably pay for.
He stressed that the destructive nature of addiction to
hard core drugs precluded the addict from having legitimate
employment and from being an earning and taxpaying member
of society. He relayed that the drive to obtain the drugs
made addicts commit property and violent crimes to fund
their habit. He closed by speaking to the 2010 federal
threshold act, which he believed had made it easier for
dealers to carry and sell more drugs. He concluded that the
establishment of threshold limits for certain hardcore
drugs would have a severe impact on the ability of law
enforcement to exercise discretion and the fair application
of drug statues that already had criminal court rules and
mitigating statutes in place that recognized the difference
between a drug distributer and a drug user.
6:35:09 PM
Co-Chair Stoltze clarified that Mr. McMillan spoke for the
police department's employee association and not for the
department itself.
Mr. McMillan replied yes.
Co-Chair Stoltze stated that the Anchorage Police
Department and the Mayor of Anchorage had not offered a
comment on the legislation.
6:36:05 PM
MARY GEDDES, SELF, ANCHORAGE (via teleconference),
testified that she had represented thousands of drug
offenders in court. She opined that the war on drugs was a
failure. She believed that the issue of drug abuse in the
state was a non-partisan one. She shared that the number of
Alaskan's being charged and convicted as drug offenders was
increasing yearly; incarceration for both misdemeanor and
felony drug offenses had increased by 63 percent since
2002. She relayed that the average length of stay for a
felon in 2011 was 7.2 years. The increased costs and
increased lengths of stay had not proven statistically to
be effective in reducing recidivism. She said that the
national statistics had shown that incarceration alone as a
solution does not work. She explained that things that had
been shown to work included intervention and community
based treatment. She believed that the legislation would
provide an opportunity for meaningful rehabilitation and
reformation. She spoke to the federal law as it compared to
Alaska law. She explained that, on the federal level,
simple possession for most drugs had been reduced to a
misdemeanor and there was no felony conviction for the
simple possession of drugs. She said that Alaska had many
felony penalties for the possession of different kinds of
drugs. She urged the committee dial back sanctions that
were expensive and ineffective and allow for a greater
emphasis on treatment opportunities.
6:43:58 PM
MIKE WALSH, SELF, PALMER (via teleconference), testified in
opposition to SB 56. He believed that the passage of SB 56
would send the wrong message to young people concerning
drug use and would lead to future overdoses. He said that
the bill was a radical proposal and that California and
Colorado had been wise to pass on drug re-classification
when similar measures were proposed in 2012. He thought
that the bar had been placed too low for the public safety
implications and purported benefits of the bill. He
challenged the idea that passing the bill would alleviate
prison overcrowding. He relayed that in Alaska courts, an
offender on probation for an offense covered by SB 56,
without significant criminal history, would receive many
chances to straighten out while under court supervision
before facing the prospect of a felony conviction. He
asserted that there was already a sentencing mechanism in
the state that balanced the public safety impact of
addiction to substances against the need to provide the
chance to rehabilitate. He warned that the bill could leave
drug addicts on the streets unsupervised. He said that
incarceration for a considerable amount of time was a
necessary and valuable experience for people with years of
recovery behind them. He warned that reducing the penalties
for offenses would not motivate offenders to begin and
complete treatment.
6:52:05 PM
KATE BURKHART, ADVISORY BOARD ON ALCOHOLISM AND DRUG ABUSE,
spoke in support for SB 56. She testified that the board
did not view the legislation as a change in public policy
that would condone or legitimize the use of illicit drugs.
She echoed previous concerns about addiction fueled crime
and deaths due to drug abuse. She relayed that the board
did not believe that the bill would further those social
problems. She said that the board viewed the bill as an
opportunity to intervene and shift first and second time
offenders away from a lifestyle fueled by drug abuse toward
a lifetime of recovery and contribution to community. She
appreciated that the bill would require a defendant
convicted of misconduct involving a controlled substance in
the 5th degree would be mandated to go to screening,
evaluation, referral, and treatment if appropriate. She
asserted that the mandate would a first or second time
offender could be shifted away from the traditional
incarceration to rehabilitation and community management.
She offered an example that evidence of therapeutic justice
was effective.
6:55:21 PM
Representative Wilson asked whether treatment programs
currently existed.
Ms. Burkhart replied that the ASAP programs would have to
be modified to meet the requirements of the bill. She said
that the programs that could be funded by the Recidivism
Reduction Fund in SB 64 would be a way to expand capacity
to meet the needs of people referred under the changes
contemplated in SB 56.
6:57:24 PM
Co-Chair Stoltze CLOSED public testimony.
CSSB 56(JUD) was HEARD and HELD in committee for further
consideration.
CS FOR SENATE BILL NO. 104(FIN)
"An Act relating to appropriations from the dividend
fund; creating the criminal fund; relating to
appropriations from the criminal fund for payments for
crime victims, operating costs of the Violent Crimes
Compensation Board, grants for the operation of sexual
assault response teams and domestic violence
intervention projects, and incarceration costs; and
providing for an effective date."
6:58:25 PM
Co-Chair Stoltze OPENED public testimony.
Co-Chair Stoltze CLOSED public testimony.
6:59:43 PM
Co-Chair Stoltze discussed housekeeping.
CSSB 104(FIN) was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
7:00:52 PM
The meeting was adjourned at 7:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 64 (H.FIN) Summary of Changes.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 64 |
| SB 64 (H.FIN) Sponsor Statement.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 64 |
| SB 64 (H.FIN) Sectional Analysis.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 64 |
| SB 56 LAW Carpeneti Letter HFIN.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 56 |
| SB 64 Support Fbks Chamber of Commerce.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 64 |
| SB 104 FY 13 PFD Felons Memo.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |
| SB 104 FY 14 Intialed Felons Memo.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |
| SB 104 FY15 PFD Felons Memo - Initialed.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |
| SB 104 PFD Criminal Fund - Historic Look (2).pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |
| SB 104 PFD Criminal Fund - Historic Look.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |
| SB 104 Response HFC Prescription Costs Letter.pdf |
HFIN 4/12/2014 5:00:00 PM |
SB 104 |