Legislature(2017 - 2018)HOUSE FINANCE 519

10/31/2017 01:00 PM House FINANCE

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Audio Topic
01:04:28 PM Start
01:05:09 PM SB54
01:05:57 PM Presentation: Department of Law
02:53:58 PM Presentation: Crimes Known to Police (alaska): Statewide Rates, by Month: 2014-2016 - Uaa Justice Center
03:33:39 PM Presentation: Alcohol Safety Action Program
04:43:16 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 54 CRIME AND SENTENCING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Presentations by: TELECONFERENCED
- Attorney General Jahna Lindemuth, Dept. of Law
- Tony Piper, Manager, Alcohol Safety Action
Program (ASAP)
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                     October 31, 2017                                                                                           
                         1:04 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:04:28 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Seaton  called the House Finance  Committee meeting                                                                    
to order at 1:04 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Paul Seaton, Co-Chair                                                                                            
Representative Les Gara, Vice-Chair                                                                                             
Representative Jason Grenn                                                                                                      
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
Representative Dan Ortiz                                                                                                        
Representative Lance Pruitt                                                                                                     
Representative Steve Thompson                                                                                                   
Representative Cathy Tilton                                                                                                     
Representative Tammie                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Randall  Burns,  Director,  Division of  Behavioral  Health,                                                                    
Department of  Health and Social Services;  Quinlan Steiner,                                                                    
Director,    Public   Defender    Agency,   Department    of                                                                    
Administration;    Jahna   Lindemuth,    Attorney   General,                                                                    
Department  of   Law;  John  Skidmore,   Division  Director,                                                                    
Criminal Division,  Department of Law;  Representative Bryce                                                                    
Edgmon;  Representative  Zack Fansler;  Representative  Andy                                                                    
Josephson; Representative Ivy  Spohnholz; Representative Sam                                                                    
Kito; Representative Harriet Drummond.                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Brad Myrstol PhD, Associate  Professor and Interim Director,                                                                    
UAA  Justice Center;  Tony  Piper,  Manager, Alcohol  Safety                                                                    
Action Program, Department of Health and Social Services.                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 54     CRIME AND SENTENCING                                                                                                  
                                                                                                                                
          SB 54 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
PRESENTATION: DEPARTMENT OF LAW                                                                                                 
                                                                                                                                
PRESENTATION:  CRIMES KNOWN  TO  POLICE (ALASKA):  STATEWIDE                                                                    
RATES, BY MONTH: 2014-2016 - UAA JUSTICE CENTER                                                                                 
                                                                                                                                
PRESENTATION: ALCOHOL SAFETY ACTION PROGRAM                                                                                     
                                                                                                                                
CS FOR SENATE BILL NO. 54(FIN)                                                                                                
                                                                                                                                
     "An Act  relating to crime  and criminal  law; relating                                                                    
     to violation  of condition of release;  relating to sex                                                                    
     trafficking;  relating   to  sentencing;   relating  to                                                                    
     imprisonment;   relating   to   parole;   relating   to                                                                    
     probation;  relating  to  driving  without  a  license;                                                                    
     relating   to  the   pretrial  services   program;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
1:05:09 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster  reviewed  the   agenda  for  the  day  and                                                                    
indicated that  amendments for SB  54 were due by  5:00 p.m.                                                                    
the  following  day.  He  recognized  Representatives  Bryce                                                                    
Edgmon, Zack Fansler, and Andy Josephson in the audience.                                                                       
                                                                                                                                
^PRESENTATION: DEPARTMENT OF LAW                                                                                              
                                                                                                                                
1:05:57 PM                                                                                                                    
                                                                                                                                
JAHNA  LINDEMUTH,  ATTORNEY   GENERAL,  DEPARTMENT  OF  LAW,                                                                    
introduced the PowerPoint  Presentation: "Department of Law:                                                                    
House Finance  Committee" (copy on file).  She remarked that                                                                    
much  of  what the  legislature  was  doing at  present  was                                                                    
trying to  figure out the  impacts of SB 91  [justice reform                                                                    
legislation  passed in  2015] on  crime versus  other issues                                                                    
including budget cuts  and other causes of  crime. She would                                                                    
be discussing the  Department of Law's (DOL)  budget and the                                                                    
impacts of safety.                                                                                                              
                                                                                                                                
Attorney  General  Lindemuth   provided  background  on  the                                                                    
genesis of SB 54. She  referenced comments that the bill had                                                                    
been recommended  by the Alaska Criminal  Justice Commission                                                                    
(ACJC), which was true; however,  90 percent of the contents                                                                    
of the bill  as passed by the Senate were  ideas or concepts                                                                    
brought  to the  commission  by DOL  and  the Department  of                                                                    
Public Safety (DPS). She detailed  that one year earlier the                                                                    
commission   had  heard   substantial  testimony   from  law                                                                    
enforcement, prosecutors,  and the public about  the impacts                                                                    
of crime (especially shop lifting  and property crimes). She                                                                    
furthered  that  DOL had  invited  its  line prosecutors  to                                                                    
testify  to the  commission.  Additionally, law  enforcement                                                                    
including   the  Anchorage   Police  Department   (APD)  had                                                                    
testified as  well. Subsequently,  she had worked  with Walt                                                                    
Monegan, Commissioner, Department of  Public Safety and John                                                                    
Skidmore, Division  Director, Criminal  Division, Department                                                                    
of Law to  identify changes they believed  were necessary to                                                                    
address   the  unintended   consequences  of   SB  91.   She                                                                    
highlighted   three   primary   issues   having   unintended                                                                    
consequences: 1)  probation only  for a  Class C  felony [no                                                                    
jail  time];  2)  recidivist theft;  and  3)  violations  of                                                                    
conditions of release.                                                                                                          
                                                                                                                                
Attorney General  Lindemuth shared  that DOL had  compiled a                                                                    
memorandum  (in January  2017, which  was included  in House                                                                    
Judiciary  Committee  materials)   to  the  commission  that                                                                    
outlined  its recommended  changes.  She acknowledged  there                                                                    
had been other  changes outside of those  recommended by DOL                                                                    
and DPS.  She believed  it was  important to  recognize that                                                                    
the  department had  identified  the items  as changes  that                                                                    
were needed.  She offered that the  administration supported                                                                    
the version  of SB 54  passed by the Senate.  The department                                                                    
believed  it  provided  the   legislative  fix  needed.  She                                                                    
clarified that it  did not mean SB 54 provided  the only fix                                                                    
to SB 91 that would be needed.                                                                                                  
                                                                                                                                
Attorney General Lindemuth commented  that she was committed                                                                    
to the  process of bringing everyone  (i.e. law enforcement,                                                                    
DPS, the  Court System, and  other) to the table  with their                                                                    
ideas. She remarked that she was  also a member of ACJC. She                                                                    
referenced a  number of ideas  brought forward in  the House                                                                    
Judiciary Committee the previous  week. She believed many of                                                                    
the  ideas   were  worth  debating   and  bringing   to  the                                                                    
commission  for  vetting  before   they  came  back  to  the                                                                    
legislature for implementation. She  furthered that from the                                                                    
public's  perspective  it  was  easy to  see  that  criminal                                                                    
justice reform  had taken  place and  there had  been public                                                                    
outcry laying  blame on  SB 91. She  continued that  some of                                                                    
the blame  had resulted in  SB 54  changes, but much  of the                                                                    
blame was based on uninformed public perception.                                                                                
                                                                                                                                
Attorney General  Lindemuth relayed  that budget  effects on                                                                    
DOL  had  impacted  its ability  to  provide  core  services                                                                    
including  the prosecution  of crime  and the  protection of                                                                    
children. For example, the  department had heard significant                                                                    
outcry about  vehicle theft. The  department believed  SB 54                                                                    
fixed the  legislative piece and gave  courts the discretion                                                                    
to provide  some jailtime if appropriate  for vehicle theft.                                                                    
She elaborated that vehicle theft  was a Class C felony with                                                                    
a sentence of  0 to 1 year. Due to  budget cuts the district                                                                    
attorneys  had  to  prioritize crimes.  She  furthered  that                                                                    
violent  crimes or  a person  offense  took higher  priority                                                                    
than  property  crimes.  She  shared  that  former  district                                                                    
attorney Clint  Campion had mentioned in  talks to community                                                                    
councils that the Anchorage DAs  were not able to prioritize                                                                    
vehicle  thefts  at  present  given  the  record  number  of                                                                    
homicides  the community  had experienced  in  the past  two                                                                    
years (in addition to other violent crimes taking place).                                                                       
                                                                                                                                
Attorney  General Lindemuth  believed everyone  agreed there                                                                    
had  to  be  a  consequence  to  crime  in  order  to  avoid                                                                    
incentivizing  criminals. The  department would  like to  do                                                                    
more  with vehicle  theft -  even  under the  0 to  18-month                                                                    
scheme under  SB 91, those  crimes were not getting  as much                                                                    
attention  as   they  would  have  if   the  department  had                                                                    
sufficient prosecutors.  She addressed the  presentation and                                                                    
relayed  that except  for one  slide, it  was from  the past                                                                    
February  and March  when it  had  been given  to the  House                                                                    
Finance  subcommittee chaired  by Representative  Grenn. She                                                                    
noted  that the  presentation  had also  been  given to  the                                                                    
House Judiciary Committee several weeks back.                                                                                   
                                                                                                                                
1:14:20 PM                                                                                                                    
                                                                                                                                
Attorney General  Lindemuth turned  to slide  2: "Department                                                                    
of Law's  Share of Total  Agency Operations (GF  Only)." The                                                                    
slide  included Civil  and Criminal  Divisions.  Out of  the                                                                    
department's  $49 million  undesignated  general fund  (UGF)                                                                    
budget  for FY  18, approximately  $27 million  went to  the                                                                    
Criminal  Division  and  $19   million  went  to  the  Civil                                                                    
Division. The  Civil Division was  half funded  with general                                                                    
funds  and   the  remainder  was  funded   with  interagency                                                                    
receipts. Overall, in  FY 13 (one of the  higher years shown                                                                    
on the  chart) the department  had up  to 541 people;  as of                                                                    
the past  March, the  number of employees  was down  to 455.                                                                    
There  were  approximately  130   civil  attorneys  and  106                                                                    
criminal  attorneys. Beginning  in FY  12 there  had been  a                                                                    
significant reduction in the  department's budget and number                                                                    
of  employees.  She  pointed  to  a  horizontal  black  line                                                                    
showing the  department's FY  18 budget was  at FY  08 level                                                                    
adjusted  for  inflation.  She  detailed  DOL  was  down  43                                                                    
positions compared to FY 08.                                                                                                    
                                                                                                                                
Co-Chair Foster  acknowledged Representatives  Ivy Spohnholz                                                                    
and Sam Kito in the audience.                                                                                                   
                                                                                                                                
1:16:52 PM                                                                                                                    
                                                                                                                                
Representative Wilson  asked for the breakdown  of civil and                                                                    
criminal  attorneys.  Attorney General  Lindemuth  responded                                                                    
that as  of March  2017 there were  130 civil  attorneys and                                                                    
106 criminal attorneys.                                                                                                         
                                                                                                                                
Representative Wilson  asked where  the 454 number  had come                                                                    
from.  Attorney General  Lindemuth  replied  the 455  figure                                                                    
included staff and paralegals.                                                                                                  
                                                                                                                                
Attorney General  Lindemuth reviewed slide 3:  "Change in GF                                                                    
Budget  FY14-FY18."  She  shared  that  the  Civil  Division                                                                    
budget had decreased 32 percent from  FY 14 to FY 18 and the                                                                    
Criminal  Division  budget  had decreased  by  10.3  percent                                                                    
during the  same period. She  specified the  number included                                                                    
one prosecutor  position added by  the legislature  in 2017.                                                                    
She added  she was  comfortable using March  numbers because                                                                    
the  department's  budget  had  been  flat  except  for  the                                                                    
addition of one additional  prosecutor. Overall, there was a                                                                    
21  percent decrease  from FY  14 including  both divisions.                                                                    
Additionally, the department was  down 80 positions since FY                                                                    
14.                                                                                                                             
                                                                                                                                
Attorney  General Lindemuth  discussed  slide 4:  "FY14-FY17                                                                    
Criminal  Budget."  There  had  been 128  attorneys  in  the                                                                    
Criminal  Division;  the  number   was  currently  106.  She                                                                    
specified that  42 positions had  been lost in  the Criminal                                                                    
Division between FY 14 and FY 17.                                                                                               
                                                                                                                                
1:18:56 PM                                                                                                                    
                                                                                                                                
Attorney General  Lindemuth reviewed the graphs  on slide 5.                                                                    
She had communicated to  the legislative budget subcommittee                                                                    
the  prior session  that  too  much had  been  cut from  the                                                                    
department's budget.  The slide contained graphs  based on a                                                                    
Uniform  Crime Report  (UCR) statistics  report. She  shared                                                                    
that every  dollar cut impacted the  services the department                                                                    
was able to provide. She explained  that at the same time as                                                                    
budget  cuts had  occurred, crime  statistics in  Alaska had                                                                    
skyrocketed. There had been an  increase over the years, but                                                                    
the FY 15  and FY 16 numbers were  significantly higher. She                                                                    
noted the trend  was especially true for  violent crime. She                                                                    
mentioned the  department had submitted  the first  30 pages                                                                    
of  the  UCR  to  the committee  ("Crime  in  Alaska").  The                                                                    
excerpt  was  a summary  of  the  580-page report  on  crime                                                                    
statistics in recent years.                                                                                                     
                                                                                                                                
Attorney General  Lindemuth reiterated  that crime  had been                                                                    
increasing over the past two  years - beginning prior to the                                                                    
passage of SB  91. She detailed that most  of the components                                                                    
of SB  91 had gone  into effect  in July 2016.  She reasoned                                                                    
that for 2015 and the first  half of 2016 it was obvious the                                                                    
increases in  crime were  unrelated to  SB 91.  She believed                                                                    
the  opioid crisis  had a  major impact  on the  increase in                                                                    
crime.  She   referenced  a  high   number  of   deaths  and                                                                    
significant  increases in  the  number  of child  protection                                                                    
cases over  the last two  years. Due  to budget cuts  and an                                                                    
increase in crime  in recent years the  department was faced                                                                    
with  prioritizing   crime;  therefore,  violent   and  more                                                                    
serious crimes  received the  most attention.  She explained                                                                    
that  the department  was faced  with  declining more  cases                                                                    
that would have  otherwise been prosecuted due to  a lack in                                                                    
resources.                                                                                                                      
                                                                                                                                
1:22:52 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Gara referred  to slide  5. He  asked about  the                                                                    
2016  statistics  and  wondered  if there  was  any  way  to                                                                    
determine which part of the year the crimes occurred.                                                                           
                                                                                                                                
Attorney General  Lindemuth reported that the  charts showed                                                                    
summary data, but the 30-page  UCR summary included a month-                                                                    
by-month analysis.                                                                                                              
                                                                                                                                
1:23:43 PM                                                                                                                    
                                                                                                                                
Attorney  General Lindemuth  continued  to  slide 6:  "Three                                                                    
main buckets  for general fund spending."  She reported that                                                                    
there were three  main buckets for General  Fund spending at                                                                    
DOL including,  prosecuting crime, protecting  children, and                                                                    
statehood and  revenue protection. Cuts to  the department's                                                                    
budget  impacted  the three  areas.  She  detailed that  the                                                                    
statehood and  revenue protection component  brought revenue                                                                    
into the  state. She specified  that one-third of  the Civil                                                                    
Division  budget  went   towards  protecting  children.  She                                                                    
explained   that  the   Criminal  Division   budget  and   a                                                                    
significant  portion of  the Civil  Division budget  went to                                                                    
public safety.                                                                                                                  
                                                                                                                                
Attorney  General  Lindemuth  advanced  to  slide  7  titled                                                                    
"Protecting  Children," showing  the number  of child  abuse                                                                    
reports  received  annually.  The  process  began  with  the                                                                    
Office  of Children's  Services  (OCS), but  a DOL  attorney                                                                    
became involved  in the court  process if a child  needed to                                                                    
be removed  from a home  (a judge  was required to  make the                                                                    
decision). She highlighted slide  8: "Impacts of Budget Cuts                                                                    
on  Services."  She  reported  there  had  been  significant                                                                    
increases  in  child  protection  cases over  the  past  two                                                                    
years. She  communicated that  currently the  department had                                                                    
104  child protection  cases per  attorney. The  recommended                                                                    
number was 60 per attorney.                                                                                                     
                                                                                                                                
Attorney General  Lindemuth scrolled  to slide  9: "Criminal                                                                    
Division."  She pointed  out that  Anchorage and  Juneau had                                                                    
municipal attorneys to  prosecute misdemeanors; however, the                                                                    
department was responsible for prosecution  of crimes in all                                                                    
other   locations  statewide.   The   department  was   also                                                                    
responsible  for  the   prosecution  of  felonies  statewide                                                                    
including Juneau and Anchorage.                                                                                                 
                                                                                                                                
1:26:23 PM                                                                                                                    
                                                                                                                                
Attorney General  Lindemuth turned to slide  10: "Impacts of                                                                    
Budget  Cuts  on Services."  She  explained  that the  slide                                                                    
addressed capacity  to prosecute. The department  had done a                                                                    
comparison  between the  number  of  felony and  misdemeanor                                                                    
cases  in 2013  and 2016.  In  2013 the  department had  the                                                                    
ability to  prosecute a  higher number of  cases due  to its                                                                    
number  of attorneys.  As positions  had been  lost and  the                                                                    
department was  faced with  prioritizing felony  crimes over                                                                    
misdemeanors,  the capacity  to  prosecute misdemeanors  was                                                                    
down significantly.  She noted that the  department had only                                                                    
cut  felony prosecutions  by 3  percent. She  explained that                                                                    
the past  spring she had struggled  with determining whether                                                                    
crime  was at  a level  where  the department  would do  the                                                                    
prosecutions if it  had the same level of staff  as in 2013.                                                                    
The UCR showed  that with crime increases in  2015 and 2016,                                                                    
current  crime was  at  a  higher level  than  in 2013.  She                                                                    
surmised  there were  good cases  that the  department would                                                                    
prosecute if it had staffing levels comparable to 2013.                                                                         
                                                                                                                                
Attorney General  Lindemuth reported  on the types  of cases                                                                    
DOL  was prosecuting.  She referenced  a statement  made the                                                                    
previous day  that felony drug  cases had decreased  from FY                                                                    
14 to  FY 17,  which she believed  made sense  with criminal                                                                    
justice  reform. She  furthered that  those declining  cases                                                                    
had  been backfilled  by other  more  serious felonies.  The                                                                    
homicide cases filed  FY 17 were double the  amount filed in                                                                    
FY 14.  The number  of felony assaults  had increased  by 26                                                                    
percent since  FY 14 and  robbery cases had increased  by 25                                                                    
percent.  She elaborated  that sexual  assault cases  felony                                                                    
property  cases had  also increased.  More and  more serious                                                                    
crime  was being  prosecuted at  the expense  of the  lower-                                                                    
level  nonviolent and/or  misdemeanor  cases. She  continued                                                                    
that  the department  was prosecuting  the same  or slightly                                                                    
fewer cases than  in the past, but the  crimes involved more                                                                    
serious offenders.  Consequently, more  people would  be put                                                                    
in jail for  longer periods of time. She  explained that the                                                                    
dynamic may not result in  the types of savings or reduction                                                                    
in prison  bed usage  given that  the more  serious offenses                                                                    
were running through the criminal  justice system. She spoke                                                                    
to  the  importance of  understanding  how  budget cuts  had                                                                    
impacted crime.                                                                                                                 
                                                                                                                                
1:30:36 PM                                                                                                                    
                                                                                                                                
Representative   Kawasaki  referred   to  the   LFD  10-year                                                                    
overview on  slide 2. He  mentioned having been a  member of                                                                    
the  House  Resources  Committee  and he  pointed  out  that                                                                    
during the  high budget  years of  FY 11  through FY  14 the                                                                    
state  had  been  spending substantial  funds  on  statehood                                                                    
defense  and on  Endangered  Species Act  (ESA) defense.  He                                                                    
asked if that was where the cut was reflected.                                                                                  
                                                                                                                                
Attorney General Lindemuth did not  have the number of those                                                                    
types of  cases currently  compared to 2013.  The department                                                                    
was  still  conducting  a  significant  number  of  ESA  and                                                                    
statehood defense-type  cases. Overall  the cuts from  FY 14                                                                    
to  FY 18  had impacted  the Civil  Division by  32 percent,                                                                    
which impacted those  kinds of cases. She  offered to follow                                                                    
up  with additional  numbers regarding  the Civil  Division.                                                                    
She  cited  the  significant decrease  to  the  department's                                                                    
Consumer Protection Division as an example.                                                                                     
                                                                                                                                
Representative Kawasaki referenced  testimony that the Civil                                                                    
Division was  useful for Child  in Need of Aid  (CINA) cases                                                                    
and  other. He  requested  a breakdown  of  the numbers.  He                                                                    
referenced  the $19  million budget  for the  Civil Division                                                                    
versus $27  million for the  Criminal Division.  He observed                                                                    
there were  more attorneys in  the Civil Division.  He asked                                                                    
if it was because prosecutions were more costly.                                                                                
                                                                                                                                
Attorney  General Lindemuth  responded that  slide 2  showed                                                                    
General Fund only. She explained  that a significant portion                                                                    
of the  department's budget came from  interagency receipts.                                                                    
She  detailed there  could be  more attorneys  in the  Civil                                                                    
Division funded by sources other than UGF.                                                                                      
                                                                                                                                
1:33:03 PM                                                                                                                    
                                                                                                                                
Representative Kawasaki  asked who made the  decisions about                                                                    
how  to allocate  the money  between the  two divisions.  He                                                                    
asked how the  department decided to allocate  more money to                                                                    
the Criminal Division specifically for felony prosecutions.                                                                     
                                                                                                                                
Attorney  General Lindemuth  answered  that the  legislature                                                                    
allocated  funding   that  was   divided  between   the  two                                                                    
divisions. The department gave  a presentation annually that                                                                    
addressed the  needs in different  locations. She  could not                                                                    
personally move money between the  divisions. She could move                                                                    
funds within a division.                                                                                                        
                                                                                                                                
Representative  Kawasaki   clarified  that   the  department                                                                    
annually  made a  request to  the governor  indicating where                                                                    
funds were  needed. The legislature appropriated  the funds.                                                                    
He asked if his explanation was accurate.                                                                                       
                                                                                                                                
Attorney General  Lindemuth answered that she  had only been                                                                    
through one  budget cycle. She  had recommended  holding the                                                                    
budget  flat until  a fiscal  plan was  developed, at  which                                                                    
point she would request additional funding.                                                                                     
                                                                                                                                
Representative  Grenn remarked  that criminal  caseloads far                                                                    
exceeded the recommended ethical  number. He believed it was                                                                    
good for  the public to hear  what high caseloads did  to an                                                                    
attorney's effectiveness  and how it impacted  each case. He                                                                    
noted there  were more open  homicide cases than  the number                                                                    
of  prosecutors. He  had the  opportunity to  sit in  to see                                                                    
what it  took to  build a  case and  how much  attention was                                                                    
required. He  was interested in  what high caseloads  did to                                                                    
retention.                                                                                                                      
                                                                                                                                
Attorney General Lindemuth deferred to a colleague.                                                                             
                                                                                                                                
1:35:41 PM                                                                                                                    
                                                                                                                                
JOHN   SKIDMORE,  DIVISION   DIRECTOR,  CRIMINAL   DIVISION,                                                                    
DEPARTMENT  OF LAW,  responded that  the department  did not                                                                    
have a  hard and  fast ethical number  of caseloads,  but it                                                                    
had generally  estimated that an  attorney could  handle 400                                                                    
misdemeanors or  about 100 felonies per  year. He emphasized                                                                    
that  currently caseloads  in  multiple  offices across  the                                                                    
state  were   exceeding  that  number  of   open  cases.  He                                                                    
explained  that  it  did  not matter  how  many  cases  were                                                                    
resolved because  new cases came  in and the  department had                                                                    
already tapped  out at  where the number  should be  for the                                                                    
entire   year.  He   spoke  to   the  impact   component  of                                                                    
Representative Grenn's question. He  reflected on the number                                                                    
of conversations  he had with  supervisors across  the state                                                                    
regarding health issues facing  a number of the department's                                                                    
employees.  He   could  not  definitively  say   the  health                                                                    
problems would  not exist  if the  employees had  less work,                                                                    
but  it caused  him concern.  He mentioned  individuals with                                                                    
heart  problems   and  other   general  health   issues.  He                                                                    
characterized the issue as very problematic.                                                                                    
                                                                                                                                
Mr. Skidmore referenced his testimony  from the previous day                                                                    
regarding  recruiting. He  shared that  when the  department                                                                    
attempted  to recruit  from the  Lower  48, individuals  had                                                                    
applied  and had  decided to  remain where  they were  after                                                                    
talking  with  DOL.  He explained  caseloads  had  presented                                                                    
challenges  for the  department related  to recruiting.  The                                                                    
department  was continuing  to recruit  and fill  positions,                                                                    
but  the situation  made it  more difficult  to recruit  and                                                                    
more  difficult  to   recruit  individuals  with  experience                                                                    
instead of  individuals new to  the field. He  reported that                                                                    
it took  between two to five  years for a new  prosecutor to                                                                    
be trained, get  comfortable with Alaska laws  and the rules                                                                    
of  evidence,  and  trial skills  to  really  be  effective.                                                                    
Individuals who had been with  the department in the five to                                                                    
ten-year  range were  truly effective  and could  handle the                                                                    
caseloads.                                                                                                                      
                                                                                                                                
Mr. Skidmore  stated that the  seriousness of the  crime had                                                                    
increased  in   cases  accepted   by  the   department.  The                                                                    
department had double the number  of accepted homicide cases                                                                    
at present  compared to four  years earlier. There  had also                                                                    
been  an  increase  in felony  assault  and  robbery  cases.                                                                    
Handling one of the more  serious cases took much more time,                                                                    
energy, and effort than it  did to handle lower-level cases.                                                                    
He had not determined a good  way to quantify the trend, but                                                                    
he emphasized that  based on his 20 years  of experience, it                                                                    
did not take the same thing  to handle a homicide case as it                                                                    
did to  handle an assault  IV case, vehicle theft,  or other                                                                    
similar crime.  The department was working  to determine how                                                                    
to  quantify  the  situation to  help  the  legislature  and                                                                    
public better understand.                                                                                                       
                                                                                                                                
1:39:33 PM                                                                                                                    
                                                                                                                                
Representative Grenn  referred to  slide 10.  He asked  if a                                                                    
person who committed a misdemeanor  would likely be a repeat                                                                    
offender.                                                                                                                       
                                                                                                                                
Mr. Skidmore  responded that it  was not  an easy yes  or no                                                                    
answer. A  person's past behavior  was frequently  looked at                                                                    
to help  predict future  conduct, but it  did not  mean that                                                                    
just  because a  person had  committed one  crime that  they                                                                    
would commit numerous additional crimes.                                                                                        
                                                                                                                                
Representative Grenn  spoke about repeat  offenders stealing                                                                    
cars, shoplifting,  and other.  He asked that  if recidivism                                                                    
would be  reduced if  the state had  the means  to prosecute                                                                    
more swiftly and effectively.                                                                                                   
                                                                                                                                
Mr.  Skidmore  answered  that   the  question  combined  two                                                                    
separate   concepts.    First,   whether    holding   people                                                                    
accountable via  prosecution helped the overall  crime rate.                                                                    
He  argued  that  it would  for  multiple  reasons.  Whether                                                                    
holding   people   accountable    via   prosecution   helped                                                                    
recidivism  was  a  different question.  He  explained  that                                                                    
recidivism   was   not   about  how   many   crimes   occur.                                                                    
Alternatively,  recidivism   is  about  a  person   who  was                                                                    
convicted for  a second time  for committing an  offense. He                                                                    
confirmed  that recidivism  reduction  could  help with  the                                                                    
crime rate.                                                                                                                     
                                                                                                                                
Representative Grenn  referenced data  on slide 5  showing a                                                                    
dramatic increase  in violent  crime from  2015 to  2016. He                                                                    
asked how violent crime sentencing had changed with SB 91.                                                                      
                                                                                                                                
Mr.  Skidmore  answered  that criminal  justice  reform  had                                                                    
adjusted  presumptive  sentencing   ranges  for  all  crimes                                                                    
except sex offenses  (the majority of sex  offenses had been                                                                    
placed  in  a  subsection  of  statute  that  had  not  been                                                                    
adjusted) and unclassified crimes  such as murder (which did                                                                    
not  have  a presumptive).  All  other  A,  B, or  C  crimes                                                                    
[felonies]  left  in  generic  sentencing  ranges  had  been                                                                    
adjusted downward. Criminal justice  reform had impacted all                                                                    
crimes  in the  same way  because the  adjustments were  not                                                                    
based on violent and nonviolent  crimes, but on adjusting A,                                                                    
B, and C  felonies. He reiterated the  exceptions related to                                                                    
sex offenses and unclassified felonies.                                                                                         
                                                                                                                                
1:43:32 PM                                                                                                                    
                                                                                                                                
Vice-Chair Gara  had read in  a newspaper recently  that the                                                                    
governor  was recommending  five additional  prosecutors. He                                                                    
believed the department was down  22 prosecutors since 2014.                                                                    
He asked  about what 5  additional prosecutors would  do. He                                                                    
stated it  was a  balancing act to  try to  provide adequate                                                                    
public safety  when the state had  no money. He asked  how 5                                                                    
additional  prosecutors  would  help the  problem  when  the                                                                    
department  was down  22 prosecutors  and crime  was on  the                                                                    
rise.                                                                                                                           
                                                                                                                                
Attorney General Lindemuth conceded  that in a perfect world                                                                    
the  department  would have  the  22  prosecutors back.  She                                                                    
explained  that  it would  take  time  to rebuild  DOL.  The                                                                    
department  had turnover  annually  and it  would always  be                                                                    
recruiting for prosecutors. She  had requested 5 prosecutors                                                                    
in the  current year because  it was the number  she thought                                                                    
she could  add to  the department without  impacting quality                                                                    
the it was  seeking. She planned to request  an additional 5                                                                    
positions annually  in the coming  years. She could  not put                                                                    
out a  recruitment for 20  prosecutors for the  current year                                                                    
in addition  to the positions  that would see  turnover. She                                                                    
was  concerned it  would be  more difficult  to recruit  for                                                                    
rural positions if the department  opened recruitment for 20                                                                    
positions.                                                                                                                      
                                                                                                                                
Vice-Chair  Gara  noted  that murder  was  up  substantially                                                                    
since 2014.  He was  doubtful any  perpetrators had  gone to                                                                    
the  statute books  before committing  a crime  to see  what                                                                    
their sentence  would be; however,  if they had  looked they                                                                    
would have discovered sentencing  lengths had increased (and                                                                    
murders  had continued  to rise  regardless). General  theft                                                                    
appeared  to  have  decreased month-by-month  in  2016  even                                                                    
after the passage of SB 91.  In 2016 car theft had increased                                                                    
in January, declined  in the summer, and  increased near the                                                                    
end of the year. He asked  if any correlation could be drawn                                                                    
between the passage of SB 91 and crime rates.                                                                                   
                                                                                                                                
1:46:59 PM                                                                                                                    
                                                                                                                                
Attorney  General Lindemuth  remarked on  the complexity  of                                                                    
the  question.  She  remarked that  Brad  Myrstol  with  the                                                                    
University  of  Alaska  Anchorage  would  be  available  for                                                                    
related questions  later in the  meeting. Overall  the crime                                                                    
rate [increase] had begun well  before the passage of SB 91.                                                                    
For the most  part the changes in law  were not attributable                                                                    
to  the increase  in  crime.  Many of  the  fixes  in SB  54                                                                    
focused  on  recidivist  theft   (low-level  theft)  and  on                                                                    
vehicle theft (Class  C felony). When she had  looked at the                                                                    
month-to-month data  for motor vehicle theft  and larceny it                                                                    
appeared there  had been  a slight  uptick after  July 2016,                                                                    
which would support the need  for the recommended changes in                                                                    
SB 54.  However, Mr. Myrstol  who is a  statistician expert,                                                                    
was not seeing those types of things.                                                                                           
                                                                                                                                
1:48:11 PM                                                                                                                    
                                                                                                                                
Vice-Chair Gara observed  that the UCR showed  a decrease in                                                                    
larceny  theft  offenses on  a  monthly  basis after  August                                                                    
2016. The offenses had been on  the rise in January and July                                                                    
prior to the passage of SB 91.                                                                                                  
                                                                                                                                
Attorney General Lindemuth replied  that she did not believe                                                                    
it  was  fair  to  compare  June  to  December.  There  were                                                                    
cyclical  crime  trends  and experts  would  say  there  was                                                                    
always more crime in the  summer when school was out, people                                                                    
were out camping,  and other. She believed  it was necessary                                                                    
to  look at  the statistics  for the  first half  of a  year                                                                    
compared to the second half or to the prior year.                                                                               
                                                                                                                                
Vice-Chair Gara mentioned  that in the past  (when the state                                                                    
had  not  been in  a  budget  deficit) if  prosecutors  were                                                                    
added,  the   state  recognized  the  need   to  add  public                                                                    
defenders  and  Office  of  Public  Advocacy  attorneys.  He                                                                    
assumed  there  would  be a  recommendation  for  additional                                                                    
positions  in these  areas along  with the  request for  the                                                                    
additional prosecutor positions.                                                                                                
                                                                                                                                
Attorney  General Lindemuth  pointed out  that the  Criminal                                                                    
Division  had  been  cut  10.5  percent  since  FY  14.  She                                                                    
believed the other public safety  agencies had only been cut                                                                    
3 to  4 percent  in the same  timeframe. She  furthered that                                                                    
the  Office  of  Public  Advocacy and  the  Public  Defender                                                                    
Agency   had  child   protection   cases   they  were   also                                                                    
considering.   In   order   to  make   an   apples-to-apples                                                                    
comparison it would  be necessary to consider  cuts to child                                                                    
protection. She  believed the  cuts at  DOL had  been deeper                                                                    
than in other agencies.                                                                                                         
                                                                                                                                
Co-Chair   Foster    acknowledged   Representative   Harriet                                                                    
Drummond in the audience.                                                                                                       
                                                                                                                                
1:50:40 PM                                                                                                                    
                                                                                                                                
Representative Thompson referenced  Mr. Skidmore's testimony                                                                    
that DOL was having  difficulty recruiting attorneys to fill                                                                    
vacant  positions.  He  asked  how  many  Criminal  Division                                                                    
positions were currently funded in the budget.                                                                                  
                                                                                                                                
Mr. Skidmore  responded that the  division had  several open                                                                    
recruitments.  He approximated  the number  at about  five -                                                                    
some of the  positions were staff and  paralegal. He offered                                                                    
to follow up with the information later that day.                                                                               
                                                                                                                                
Representative Thompson asked if  there would be any benefit                                                                    
to hiring paralegals to free up some attorney time.                                                                             
                                                                                                                                
Mr.  Skidmore replied  that the  addition of  paralegals and                                                                    
law  office  assistants   were  critical  positions  working                                                                    
alongside attorneys; any  attorney position required support                                                                    
positions.  He continued  that if  an imbalance  occurred it                                                                    
meant  starting  to  pay  attorneys   to  do  support  staff                                                                    
position work.  He noted that  while the work  was extremely                                                                    
important, it did not necessarily  require the same level of                                                                    
education and the  positions were not on the  same pay range                                                                    
as an  attorney. He confirmed  it made sense to  have things                                                                    
balanced and it was one of  the things the division had been                                                                    
discussing.                                                                                                                     
                                                                                                                                
Representative  Thompson pointed  to slide  10 and  observed                                                                    
that  the capacity  for DOL  to  prosecute misdemeanors  was                                                                    
down  substantially. He  asked  if some  of  the cases  were                                                                    
picked up by the cities of Anchorage and Juneau.                                                                                
                                                                                                                                
Attorney General Lindemuth answered  that the city was doing                                                                    
more prosecutions in that same  timeframe, which helped with                                                                    
the statistic on slide 10.  She explained that the issue was                                                                    
about the  capacity to prosecute.  She reported that  if DOL                                                                    
had the  22 prosecutors it  would be prosecuting  more crime                                                                    
overall. She  noted the division may  not be the same  - DOL                                                                    
may be  doing more felony  prosecutions as it  addressed the                                                                    
record  number of  homicides over  the past  two years.  She                                                                    
detailed that  the split may not  be the same as  the number                                                                    
of felony versus misdemeanor cases prosecuted in 2013.                                                                          
                                                                                                                                
1:53:43 PM                                                                                                                    
                                                                                                                                
Representative Thompson  surmised the  number of  cases that                                                                    
the department was not able  to prosecute (reported on slide                                                                    
10) were not all going unprosecuted.                                                                                            
                                                                                                                                
Attorney General Lindemuth answered  in the affirmative; the                                                                    
city had  been doing  some of the  misdemeanor prosecutions.                                                                    
With crime  increasing in 2015  and 2016, she  was confident                                                                    
the 22  positions would enable  DOL to prosecute  6,800 more                                                                    
misdemeanors and 187  more felonies. Or the  number would be                                                                    
split,  she estimated  the department  would be  prosecuting                                                                    
400 to  500 more felonies  and 4,000 more  misdemeanors. The                                                                    
crime was there to prosecute if DOL had the prosecutors.                                                                        
                                                                                                                                
Representative   Ortiz   returned    to   Attorney   General                                                                    
Lindemuth's original  statement regarding  staying committed                                                                    
to the  process. He asked  if she  had meant the  process of                                                                    
criminal justice reform.                                                                                                        
                                                                                                                                
Attorney  General  Lindemuth  responded that  she  had  been                                                                    
speaking  about the  process of  how  additional changes  to                                                                    
criminal  justice laws  were evaluated.  She  had not  meant                                                                    
that  there was  something negative  about criminal  justice                                                                    
reform  as  implemented.  She  had  not  been  the  attorney                                                                    
general  or  part  of  the  ACJC or  when  SB  91  had  been                                                                    
developed. She had  started in the position  in August 2016,                                                                    
one month  after SB 91  had gone  into effect. She  had been                                                                    
part  of ACJC  for the  past  15 months,  which had  regular                                                                    
meetings  at   the  commission   and  working   group  level                                                                    
evaluating everything  that was happening with  the criminal                                                                    
justice  system. She  elaborated that  the commission  had a                                                                    
special meeting almost every other  week on different issues                                                                    
such  as  pretrial.  The  right people  were  at  the  table                                                                    
(including heads  of agencies,  staff on the  ground working                                                                    
with the issues,  courts) to have the  discussion about what                                                                    
laws  need to  be  changed or  further  considered prior  to                                                                    
making recommendations  to the  legislature and/or  where to                                                                    
put additional funding for reinvestment.  She stated that it                                                                    
was a  good process,  which was  good to  keep in  mind when                                                                    
responding to  the public  outcry for  something to  be done                                                                    
with crime.                                                                                                                     
                                                                                                                                
                                                                                                                                
1:56:38 PM                                                                                                                    
                                                                                                                                
Representative    Ortiz    referenced    Attorney    General                                                                    
Lindemuth's  testimony about  going back  to the  commission                                                                    
before  changes were  made to  SB  54. He  believed she  had                                                                    
expressed  her  support  for  the  bill.  He  asked  if  her                                                                    
testimony pertained to the bill as passed by the Senate.                                                                        
                                                                                                                                
Attorney  General Lindemuth  replied  that the  commission's                                                                    
recommendation   was    slightly   different    from   DOL's                                                                    
recommendation.  The   Senate  had  made  some   changes  to                                                                    
strengthen  a  couple  of issues  DOL  had  identified.  She                                                                    
reported that DOL was comfortable  with the Senate's version                                                                    
of SB 54. An amendment had  been made by the House Judiciary                                                                    
Committee  that  included  scheduling  the  drugs  Pink  and                                                                    
Tramadol. She detailed it had  come from pending legislation                                                                    
the  previous  session,  which the  administration  and  DOL                                                                    
supported. She believed it needed  to happen at some point -                                                                    
the department would be happy  to have the provision pass as                                                                    
part of SB 54.                                                                                                                  
                                                                                                                                
Representative Ortiz asked if any  changes made in the House                                                                    
Judiciary Committee were of concern.                                                                                            
                                                                                                                                
Attorney General Lindemuth  recommended bringing the changes                                                                    
to  the commission  for consideration  the  during the  next                                                                    
regular  legislative session.  She had  some small  concerns                                                                    
about some of the changes  and wanted further debate on some                                                                    
of the  other changes  prior to  making a  recommendation to                                                                    
the legislature.                                                                                                                
                                                                                                                                
Representative  Ortiz  referred  to slide  6,  which  showed                                                                    
different areas in DOL where  funding was used. He asked for                                                                    
further   detail  on   statehood   and  revenue   protection                                                                    
including how the funding was spent.                                                                                            
                                                                                                                                
Attorney  General  Lindemuth  answered  that  statehood  and                                                                    
revenue  protection  included  R.S.  2477  cases  where  the                                                                    
department was protecting state assets.                                                                                         
                                                                                                                                
1:59:45 PM                                                                                                                    
                                                                                                                                
Representative  Grenn  wanted   to  discuss  feedback  about                                                                    
public  education  on SB  91  and  SB  54. He  remarked  the                                                                    
committee   heard   about   misinformation   during   public                                                                    
testimony and  in budget subcommittees. He  continued it was                                                                    
not only  the public that may  not know what SB  91 did, but                                                                    
also public  safety stakeholders.  He noted  he was  the one                                                                    
committee member who had not  been in the legislature during                                                                    
the SB 91  debate. He detailed there had been  much to catch                                                                    
up on and  new information he had learned.  He believed that                                                                    
when SB 91 passed the public  had not known what the changes                                                                    
were - some large and  some small. He believed regardless of                                                                    
a person's  support or opposition  to SB 91, there  had been                                                                    
significant misinformation.  He hoped  that if SB  54 passed                                                                    
there  would be  coordination between  departments and  that                                                                    
there would  be efforts to  do a better job  getting factual                                                                    
information to the public and  those working in the criminal                                                                    
justice system.  He asked the  department to comment  on the                                                                    
issue.                                                                                                                          
                                                                                                                                
Attorney General Lindemuth  replied that it was  a very good                                                                    
point. Leading  up to  special session  she had  appeared on                                                                    
numerous radio  shows as had  Mr. Skidmore  and Commissioner                                                                    
Monegan.  She furthered  that DOL  was encouraging  district                                                                    
attorneys to  attend community meetings  to be  more engaged                                                                    
with  the community  regarding crime.  She  believed it  was                                                                    
very important  to stay  engaged with the  public and  to be                                                                    
talking about the issues.                                                                                                       
                                                                                                                                
Co-Chair   Seaton  was   interested   in  Attorney   General                                                                    
Lindemuth's introductory  comments and  presentation showing                                                                    
that reductions  to DOL had  resulted in  less prosecutions,                                                                    
meaning people  were not going  through the system  and were                                                                    
probably committing repeat  offenses. He referenced Attorney                                                                    
General Lindemuth's testimony  correlating the opioid crisis                                                                    
with an  increase in  crime. He  wondered if  the department                                                                    
had further data on the  subject. He asked about her mention                                                                    
of child protection cases. He  asked if her statements about                                                                    
opioid abuse  and child protection  cases had  been related.                                                                    
He   asked  Attorney   General  Lindemuth   to  repeat   the                                                                    
information.                                                                                                                    
                                                                                                                                
Attorney  General   Lindemuth  responded  that   the  deaths                                                                    
resulting from opioids and the  increase in child protection                                                                    
cases was  evidence that opioids were  driving crime. Opioid                                                                    
deaths were only one snapshot  about the number of users and                                                                    
how  the   issue  was  impacting  Alaskans   generally.  She                                                                    
believed the  increase in child  protection cases  in recent                                                                    
years  was   being  driven  by  the   opioid  epidemic.  She                                                                    
communicated  that ACJC  had included  opioid deaths  in its                                                                    
annual report (page 48).                                                                                                        
                                                                                                                                
                                                                                                                                
2:04:46 PM                                                                                                                    
                                                                                                                                
Co-Chair  Seaton expressed  concerns  about  looking at  the                                                                    
seriousness of crimes, which would  result in longer minimum                                                                    
mandatory  sentences  and  prison beds  being  occupied  for                                                                    
longer  periods.  He  was   concerned  because  savings  for                                                                    
reinvestment  were  anticipated  to   be  generated  from  a                                                                    
reduction in occupied  prison beds. The idea was  to use the                                                                    
funds  to thwart  recidivism,  provide  treatment, and  help                                                                    
individuals  to become  productive  members  of society.  He                                                                    
wondered  how  keeping  individuals  in  prison  for  longer                                                                    
periods of time would impact the savings for reinvestment.                                                                      
                                                                                                                                
Attorney  General Lindemuth  responded  that  she could  not                                                                    
quantify  the information  during the  meeting. She  thought                                                                    
there   would  still   be  savings   overall,  but   not  as                                                                    
significant as what had initially  been hoped for (given the                                                                    
rise in  crime in 2015 and  2016 and the seriousness  of the                                                                    
types   of   crimes   going   through   the   system).   Her                                                                    
understanding was at the time  SB 91 passed about 41 percent                                                                    
of the criminal population was  pretrial. She pointed to the                                                                    
new  [Department  of  Corrections]  Pretrial  Division,  the                                                                    
addition  of  60  new  officers, and  the  removal  of  bail                                                                    
restrictions that previously kept  individuals in prison who                                                                    
could not afford  bail. She believed the  items would result                                                                    
in savings.  She noted the pretrial  component was scheduled                                                                    
to be running in January  [2018]. She reiterated there would                                                                    
still be savings, but not as significant as hoped.                                                                              
                                                                                                                                
Co-Chair  Seaton  noted  they  were  looking  at  allocating                                                                    
savings  into  more  productive   efforts  in  the  criminal                                                                    
justice system.  He asked how the  reduction and anticipated                                                                    
savings would be reflected in  the fiscal notes. He surmised                                                                    
they  may  be  recommending further  investment  instead  of                                                                    
quite so much reinvestment. He asked for detail.                                                                                
                                                                                                                                
Attorney  General  Lindemuth  answered   that  DOL  was  not                                                                    
submitting a fiscal  note for SB 54. The  department did not                                                                    
anticipate being  impacted by the bill.  She believed others                                                                    
prepared to  testify could speak  to the  anticipated impact                                                                    
on other departments.                                                                                                           
                                                                                                                                
Co-Chair   Seaton  remarked   that  in   order  to   have  a                                                                    
reinvestment strategy,  the committee would need  to know if                                                                    
proposed  amendments would  reduce  savings. He  appreciated                                                                    
testimony  elucidating that  an increase  in prosecution  of                                                                    
violent  crime  meant  longer  jailtime,  which  may  reduce                                                                    
savings. He  wanted the Department of  Corrections (DOC) and                                                                    
DPS to address the issue to understand the fiscal impact.                                                                       
                                                                                                                                
2:09:40 PM                                                                                                                    
                                                                                                                                
Attorney   General   Lindemuth   replied  that   there   was                                                                    
discussion about  giving some discretion back  to judges for                                                                    
Class  C felonies  and recidivist  theft.  For example,  the                                                                    
jailtime  for Class  C felonies  would  still be  zero to  1                                                                    
year. There  were a  number of felonies  that would  not see                                                                    
jail  time. She  expected to  see courts  reserving jailtime                                                                    
for more violent  Class C felonies and crimes  that could be                                                                    
better   addressed  with   jailtime.  The   prosecutors  had                                                                    
communicated it was difficult to  incentivize people to take                                                                    
a  treatment  option   over  jailtime,  because  residential                                                                    
treatment  was  treated  as incarceration  for  purposes  of                                                                    
sentencing. By  authorizing zero  to 1-year  sentencing, the                                                                    
department  was hoping  to put  more  people into  treatment                                                                    
programs  and   to  incentivize   them  with  deals   as  an                                                                    
alternative  to returning  to a  jail bed.  There were  many                                                                    
unknowns around  how the situation  would play out  in terms                                                                    
of  how many  more people  would  be spending  more time  in                                                                    
prisons.                                                                                                                        
                                                                                                                                
Representative Wilson asked for  clarification. She asked if                                                                    
Attorney General Lindemuth  was saying that SB  91 was about                                                                    
pretrial and making changes so  individuals were not sitting                                                                    
in prison waiting for trial. She  stated it had not been her                                                                    
understanding.                                                                                                                  
                                                                                                                                
Attorney  General Lindemuth  replied  in  the negative.  She                                                                    
clarified she  had not  been speaking about  what SB  91 did                                                                    
generally. She explained she had been responding to Co-                                                                         
Chair  Seaton's  question  about the  department's  expected                                                                    
cost savings. Her point had  been that a significant portion                                                                    
of the  population addressed by criminal  justice reform was                                                                    
pretrial. There  were many  other components  of SB  91 that                                                                    
had not been encapsulated in her answer to Co-Chair Seaton.                                                                     
                                                                                                                                
2:11:55 PM                                                                                                                    
                                                                                                                                
Representative  Wilson believed  that SB  91 had  been about                                                                    
reducing  recidivism.   She  assumed  that  if   SB  91  was                                                                    
successful, DOL  would have fewer cases  because there would                                                                    
be a reduction in crimes committed by repeat offenders.                                                                         
                                                                                                                                
Attorney General  Lindemuth responded that in  the long-term                                                                    
Representative  Wilson was  probably  correct.  Much of  the                                                                    
current discussion  was about  first-time offenses.  Many of                                                                    
the changes SB 54 was  addressing pertained to how to handle                                                                    
a first-time  offense. She  did not  know the  percentage of                                                                    
repeat  offenders currently  under prosecution  by DOL.  She                                                                    
suspected   that  Representative   Wilson's   point  was   a                                                                    
significant  number  were  repeat offenders.  She  explained                                                                    
that  new  opioid  addiction  may   lead  to  more  criminal                                                                    
behavior  in the  future. Overall,  if recidivism  declined,                                                                    
the DOL numbers  should decline in the long-term  as long as                                                                    
new  offenders  were  not  coming   in  for  other  societal                                                                    
reasons.                                                                                                                        
                                                                                                                                
Representative  Wilson observed  that a  reoffender rate  of                                                                    
two out  of three individuals was  substantial. She referred                                                                    
to slide 4 showing positions  lost in the Criminal Division.                                                                    
She noted the  Criminal Division budget was  $27 million and                                                                    
the Civil  Division budget was  $22 million. She  was trying                                                                    
to determine  how [Criminal Division] positions  had dropped                                                                    
from 128 to  106 when the number of  paralegals had remained                                                                    
the same  (the decrease in  staff was more  substantial) and                                                                    
there were still 130 civil  attorneys. She reasoned if there                                                                    
was a $5  million difference between the  Civil Division and                                                                    
Criminal  Division  budgets,  there  should not  be  such  a                                                                    
drastic difference  between the number of  attorneys in each                                                                    
division. She was concerned that  the subcommittee book data                                                                    
from the department showed an  average 10 percent vacancy in                                                                    
the  Criminal  Division,  meaning   on  any  given  day  the                                                                    
division would have approximately 96 attorneys, not 106.                                                                        
                                                                                                                                
Attorney  General  Lindemuth   explained  that  the  numbers                                                                    
represented a snapshot in time.  She believed the numbers on                                                                    
slide  4  were  from  March 2017.  She  clarified  that  the                                                                    
numbers  fluctuated  and  reflected  the  number  of  filled                                                                    
positions at that  time. She explained that  [in addition to                                                                    
general funds] the Civil Division  budget had an interagency                                                                    
receipt  component. There  were  more  civil attorneys  than                                                                    
criminal  because  a  number of  the  civil  attorneys  were                                                                    
funded  by   other  departments.   For  example,   in  DOL's                                                                    
Environmental  Section, there  were  a  couple of  attorneys                                                                    
that  the Department  of  Environmental Conservation  helped                                                                    
fund.                                                                                                                           
                                                                                                                                
                                                                                                                                
Representative Wilson asked whether  the $27 million for the                                                                    
Criminal  Division  and  the   $22  million  for  the  Civil                                                                    
Division figures excluded interagency receipts.                                                                                 
                                                                                                                                
Attorney  General  Lindemuth  replied  in  the  affirmative.                                                                    
Slide 2 only included general funds.                                                                                            
                                                                                                                                
Representative  Wilson remarked  that  it  was confusing  to                                                                    
hear the department  had less money for  the Civil Division,                                                                    
but it had  a higher number of attorneys.  She reasoned that                                                                    
mathematically it did not add up.                                                                                               
                                                                                                                                
Attorney General Lindemuth answered  that the department had                                                                    
provided a longer presentation  to its finance subcommittee.                                                                    
She had  condensed the presentation  to focus on  the public                                                                    
safety  component.  She  understood  that  the  concept  was                                                                    
confusing   without  showing   the  full   picture  of   the                                                                    
department's budget.                                                                                                            
                                                                                                                                
2:17:04 PM                                                                                                                    
                                                                                                                                
Representative    Wilson    referenced   Attorney    General                                                                    
Lindemuth's testimony  that SB  54 had been  brought forward                                                                    
by DOL and  DPS. She asked if the  department had determined                                                                    
methods to measure the success of the proposed changes.                                                                         
                                                                                                                                
Attorney  General  Lindemuth   replied  that  measuring  and                                                                    
accounting for  changes would be  addressed and  reported on                                                                    
by  ACJC. The  commission  had expressed  concerns that  the                                                                    
more changes made along the  way (e.g. every 18 months) made                                                                    
things more difficult to track.                                                                                                 
                                                                                                                                
Representative Wilson  referred to  numbers provided  to the                                                                    
legislature from the University  of Alaska Anchorage Justice                                                                    
Center  showing  a relatively  low  increase  in the  murder                                                                    
rate, but a substantial increase  in the rape rate from 2014                                                                    
to  2106.  Robbery  had also  increased,  and  assaults  had                                                                    
increased  slightly.  She  asked  for  verification  it  was                                                                    
necessary to understand the root  cause of the increase. She                                                                    
referenced  discussion of  opioid  abuse  and a  correlation                                                                    
with child  protective services.  She reported that  she had                                                                    
asked OCS  the question, but  the office did not  keep those                                                                    
kinds of  statistics. She wondered  how the  state collected                                                                    
the data and how DOL looked  at its cases and determined why                                                                    
they were  increasing substantially.  Many people  blamed SB
91, but  she observed  the presentation showed  numbers from                                                                    
2013  and   2014  continuing  to  rise   substantially.  She                                                                    
wondered  if changes  in  SB  54 had  any  relevance to  the                                                                    
increasing crime rates.                                                                                                         
                                                                                                                                
Attorney  General Lindemuth  responded  there were  multiple                                                                    
causes  impacting   criminal  behavior.  She   believed  the                                                                    
struggle with  opioids had a  significant impact.  She spoke                                                                    
to correlating  information from other departments  into the                                                                    
numbers. She  stated that economic stress  could also impact                                                                    
the level  of crime in  a community.  Given when SB  91 went                                                                    
into  effect,  she  did  not  believe  it  was  feasible  to                                                                    
conclude  that   SB  91  increased  or   caused  crime.  The                                                                    
department  had   observed  there   were  problems   in  the                                                                    
implementation  -  it had  heard  from  law enforcement  and                                                                    
prosecutors  about  issues  needing to  be  addressed.  They                                                                    
believed  providing  additional   tools  and  discretion  to                                                                    
courts in SB 54 would help bring the issues into alignment.                                                                     
                                                                                                                                
Attorney General Lindemuth  clarified that her understanding                                                                    
of  the  evidence  before the  commission  was  that  longer                                                                    
sentences  were   not  superior  to  shorter   sentences  in                                                                    
addressing crime.  Spending a significant amount  of time in                                                                    
prisons could  increase future recidivism due  to mixing low                                                                    
level  offenders  with high  level  offenders.  She did  not                                                                    
believe there was  any evidence showing no jail  time was an                                                                    
appropriate consequence for Class  C felonies. The change in                                                                    
jail time  to zero to 1  years recommended by DOL  was still                                                                    
consistent with the principles of  the evidence presented to                                                                    
the commission  (that had  led to  SB 91),  while addressing                                                                    
some  concerns  of  law enforcement,  prosecutors,  and  the                                                                    
public.                                                                                                                         
                                                                                                                                
2:21:37 PM                                                                                                                    
                                                                                                                                
Representative  Wilson was  not certain  the current  system                                                                    
was  helping  recidivism  or whether  there  was  new  crime                                                                    
resulting from  other issues. She was  uncertain there would                                                                    
be any money to reinvest.  She wondered about taking time to                                                                    
revisit SB  91, the  associated fiscal notes,  and projected                                                                    
savings.  She would  prefer the  statistics to  be for  2017                                                                    
instead of  2016, but she  understood there was a  time lag.                                                                    
She  opined that  going  forward it  was  necessary to  know                                                                    
whether  any savings  would be  available to  fund treatment                                                                    
programs. Additionally, she reasoned  that if the new crimes                                                                    
were  felonies with  increased  prison  sentences, it  would                                                                    
mean an  increase in prison  cost. She concluded  that until                                                                    
the state  understood exactly  what it  was trying  to fight                                                                    
and what it  was measuring, it would make  it challenging to                                                                    
determine whether SB 54 took  care of the problems or issues                                                                    
with SB 91.                                                                                                                     
                                                                                                                                
Mr.  Skidmore  provided  an  explanation  for  some  of  the                                                                    
numbers  mentioned  by  Representative  Wilson  specific  to                                                                    
sexual  assaults.   He  referenced   a  document   from  the                                                                    
University  of   Alaska  Anchorage  Justice   Center  titled                                                                    
"Crimes Known to  Police (Alaska)" (copy on  file). He spoke                                                                    
to a spike in the number  of sexual assaults from one recent                                                                    
year  to another  (slide 4).  He detailed  that the  UCR was                                                                    
based on  what the  FBI requests.  He elaborated  that there                                                                    
had  been a  change  to the  definition  of sexual  assaults                                                                    
being  reported  (indicated  on the  chart  in  yellow).  He                                                                    
clarified  that  the dramatic  increase  was  not due  to  a                                                                    
higher incidence of  sexual assaults, but due  to the change                                                                    
in definition that  was expanded to include  crimes that had                                                                    
not been previously counted.                                                                                                    
                                                                                                                                
2:24:11 PM                                                                                                                    
                                                                                                                                
Representative Wilson  remarked that there was  drop between                                                                    
2012 and  2013, but she  observed a fluctuation in  the rate                                                                    
following. She  wondered if there  had been a change  to the                                                                    
definition more than once.                                                                                                      
                                                                                                                                
Mr. Skidmore  answered that the definition  had only changed                                                                    
once (indicated on  the chart in yellow  beginning in 2013).                                                                    
He  agreed  there  was  a   subsequent  fluctuation  in  the                                                                    
numbers. His point  had been to highlight the  change in the                                                                    
UCR definition indicated in yellow.                                                                                             
                                                                                                                                
Representative  Wilson  remarked   that  her  document  only                                                                    
showed black lines  with yellow dots. She hoped  to get some                                                                    
further  clarification and  remarked that  the numbers  were                                                                    
awful.  She reasoned  that a  very bad  sector of  crime had                                                                    
increased  she  believed  it  was  important  to  understand                                                                    
whether the system would help.  She noted that the state had                                                                    
been battling sexual  assault for a long time  and the chart                                                                    
showed they were losing the battle.                                                                                             
                                                                                                                                
Representative Guttenberg  thought there  had been a  lot of                                                                    
misinformation  from many  areas  of society  in Alaska.  He                                                                    
asked  about statutory  changes had  been made  in SB  91 to                                                                    
diminish the  arrest authority of law  enforcement. He asked                                                                    
what was being changed in SB  54 to make the state's ability                                                                    
to prosecute crime more effective.                                                                                              
                                                                                                                                
                                                                                                                                
Mr. Skidmore responded that SB  91 had gone through numerous                                                                    
changes  before its  passage. When  first introduced,  there                                                                    
had been provisions limiting  arrest authority; however, the                                                                    
bill  that  had passed  the  legislature  did not  limit  an                                                                    
officer's  ability to  arrest an  individual.  The bill  had                                                                    
expanded an officer's ability to  issue a citation. However,                                                                    
the  system witnessed  that  for  crimes without  authorized                                                                    
jailtime (e.g.  a first-time Class C  felony). He elaborated                                                                    
that an officer would arrest  an individual and courts would                                                                    
say  they  did not  want  to  hold  the person  pretrial  in                                                                    
custody  because  if  they were  ultimately  convicted  they                                                                    
would  not  receive  jailtime;  therefore,  the  person  was                                                                    
released   immediately.  The   impact   had  been   officers                                                                    
questioning why  they were arresting  a person if  they were                                                                    
merely going  to be released;  it had resulted in  a reduced                                                                    
number of arrests for a variety of offenses.                                                                                    
                                                                                                                                
Mr. Skidmore addressed  Representative Guttenberg's question                                                                    
about how  SB 54 would solve  the problem. The bill  did not                                                                    
provide  officers  with   additional  discretion  to  arrest                                                                    
because  it  was not  needed,  but  for first-time  Class  C                                                                    
felonies it  gave courts the  discretion to give  jail time,                                                                    
meaning that courts would consider  the appropriate bail for                                                                    
a particular case. The bill  provided a tool to help address                                                                    
one of the problems with implementation that had occurred.                                                                      
                                                                                                                                
Representative  Guttenberg remarked  on officers  around the                                                                    
state  telling  people  they  were  victims  of  SB  91.  He                                                                    
believed it was an  inaccurate and unfortunate statement. He                                                                    
stated  that  SB  54  came  with  recommendations  from  the                                                                    
commission  and law  enforcement;  additionally, there  were                                                                    
changes  by  the  House  Judiciary  Committee.  He  wondered                                                                    
whether the  state would  be able  to track  the differences                                                                    
between  the   data  driven  changes  versus   some  of  the                                                                    
amendments made in the House  Judiciary Committee that would                                                                    
impact the  efficiencies of the  law. He wanted to  know the                                                                    
cost of the data driven changes versus others.                                                                                  
                                                                                                                                
Attorney General Lindemuth answered  that the commission had                                                                    
reported  that  the more  times  the  law was  changed,  the                                                                    
harder  it became  to track.  She believed  the concern  was                                                                    
valid.  She thought  the  commission would  do  its best  to                                                                    
track  the items.  Additionally,  the  University of  Alaska                                                                    
Anchorage  Justice Center  was  also  helping. She  reasoned                                                                    
that just because  something was difficult to  track did not                                                                    
mean it was something the  state should not do. She believed                                                                    
it  was  necessary  to keep  evaluating.  She  reminded  the                                                                    
committee that when criminal justice  reform had passed, the                                                                    
bill was so  comprehensive, everyone had known  it would not                                                                    
be  perfect  right  out  of the  gate  and  that  subsequent                                                                    
changes  would   be  necessary.   She  continued   that  the                                                                    
commission was  meant to be in  place for a number  of years                                                                    
to    look   at    implementation   and    provide   further                                                                    
recommendations on changes to the law.                                                                                          
                                                                                                                                
2:30:50 PM                                                                                                                    
                                                                                                                                
Representative  Guttenberg  remarked   that  the  state  was                                                                    
experiencing a crime spike, much  of which was driven by the                                                                    
opioid   crisis.  He   believed   it   may  overshadow   any                                                                    
prospective  savings, but  he thought  the savings  would be                                                                    
there and  merely would not be  seen due to the  increase in                                                                    
crime resulting  from drug abuse.  He wondered if  there was                                                                    
any way to  overlay trends in Alaska with  other states like                                                                    
Texas that  had implemented criminal justice  reform and had                                                                    
seen  results.  He knew  it  was  early  to be  tracking  at                                                                    
present.                                                                                                                        
                                                                                                                                
Attorney  General  Lindemuth  did not  know  the  commission                                                                    
would be  comparing Alaska  to other  states and  looking at                                                                    
their  trajectories. As  far as  the  savings projected  for                                                                    
Alaska, the number of prison  beds not used to house inmates                                                                    
since the passage  of SB 91 was on track  with what had been                                                                    
anticipated.  Much of  the issues  Representative Guttenberg                                                                    
had raised were addressed the commission's recent report.                                                                       
                                                                                                                                
Representative  Guttenberg  mentioned   the  creation  of  a                                                                    
prescription  drug database  in  recent years.  Part of  the                                                                    
goal had  been to increase  awareness of the  physicians who                                                                    
fell  outside the  norm of  prescribing drugs.  He asked  if                                                                    
Attorney  General  Lindemuth  had seen  any  referrals  from                                                                    
medical boards concerning the issue.  He wondered if DOL was                                                                    
involved in any part of the issue.                                                                                              
                                                                                                                                
Attorney  General Lindemuth  understood that  the number  of                                                                    
the doctors had signed on  had increased significantly - far                                                                    
over 50 percent of the  doctors in Alaska were participating                                                                    
in  the database  (previously  it had  been  far less).  The                                                                    
department  was  anticipating  it   would  be  useful  going                                                                    
forward  -  if  doctors  knew  that  a  person  was  "doctor                                                                    
shopping" and  getting pills  from multiple  prescribers, it                                                                    
would be  reflected in  the database.  She referenced  a DOL                                                                    
press  conference from  earlier  in the  day  where she  had                                                                    
announced the department had filed  a lawsuit against Purdue                                                                    
Pharma, the manufacturer of oxycontin.  She furthered it was                                                                    
an  85-page report  with  detailed  allegations against  the                                                                    
company about  false advertising that had  been taking place                                                                    
for  a number  of years;  the advertising  had significantly                                                                    
impacted the use of pharmaceuticals  in Alaska. She reported                                                                    
that Dr. Jay Butler, the  state's chief medical officer, had                                                                    
told her that  80 percent of current heroin  users had begun                                                                    
with  prescription medication.  The state  was going  to the                                                                    
source  to   fight  the  problem   on  the  front   end,  so                                                                    
manufacturers knew  they would  not be  making money  on the                                                                    
backs of Alaskans who then became crippled by addiction.                                                                        
                                                                                                                                
Co-Chair Foster  reminded members  that the  committee would                                                                    
hear two  additional presentations that would  be helpful in                                                                    
answering questions.                                                                                                            
                                                                                                                                
2:35:21 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Gara  thanked  Attorney  General  Lindemuth  for                                                                    
bringing a case  against Purdue Pharma. He  detailed The New                                                                    
Yorker  had  published an  article  in  its current  edition                                                                    
about  the company's  history of  hiring physicians  to deny                                                                    
that  opioid addictions  led to  heroin addiction.  He asked                                                                    
whether  the  attorney general  thought  there  should be  a                                                                    
fiscal note on  the bill. He believed the  longer a sentence                                                                    
the more  likely the  defense would choose  to go  to trial,                                                                    
but the  shorter the sentence  it was less likely.  He asked                                                                    
if there was  a correlation between the amount  of work that                                                                    
may  need to  go  into  a case  if  a  defendant was  facing                                                                    
jailtime as opposed to less or no jailtime.                                                                                     
                                                                                                                                
Mr.  Skidmore disagreed.  However, he  would agree  with the                                                                    
statements about  the likelihood of  going to trial  if they                                                                    
pertained  to sex  crimes. He  explained that  sentences had                                                                    
been  dramatically increased  for  sex  crimes (the  maximum                                                                    
sentence  for  a  Class  A   or  unclassified  offenses  had                                                                    
increased from  20 years  to 99 years).  He did  not believe                                                                    
that more  litigation would occur  for cases impacted  by SB
54  (Class  C felonies)  that  could  receive 18  months  of                                                                    
probation  versus  one year  in  jail.  He anticipated  less                                                                    
litigation  under the  scenario.  He did  not believe  there                                                                    
would  be a  dramatic  change in  the  amount of  litigation                                                                    
involved   for   low-level   theft   (theft   under   $250).                                                                    
Additionally,  he did  not  anticipate increased  litigation                                                                    
for violation  of conditions of  release. He  explained that                                                                    
when responding  to crime,  there was a  need for  labor and                                                                    
the tools;  SB 54 pertained  to the tools, which  would make                                                                    
the system  work more efficiently and  effectively. The bill                                                                    
would not  cost DOL  increased costs.  He deferred  to other                                                                    
departments to address any potential  fiscal impact they may                                                                    
see.                                                                                                                            
                                                                                                                                
Vice-Chair Gara acknowledged  the number of hours  put in by                                                                    
attorneys  had  an  impact  on   their  personal  lives.  He                                                                    
believed  the individuals  should  be offered  some help  in                                                                    
that regard.  He recalled testimony to  the attorney general                                                                    
was that the department was  not able to prosecute thefts at                                                                    
present. He  detailed that under SB  91, first-time offenses                                                                    
with an aggravator could be  prosecuted and jailed for up to                                                                    
five  years,  but  first-time offenses  with  no  aggravator                                                                    
essentially received  probation. He furthered that  under SB
54, sentencing  with aggravators remained the  same, but the                                                                    
courts could  give jailtime from  zero to 1 year  for first-                                                                    
time  offenses. He  asked for  verification  that DOL  would                                                                    
need additional  attorneys if  the department  accepted more                                                                    
prosecutions.                                                                                                                   
                                                                                                                                
Attorney General  Lindemuth thought  the items  discussed by                                                                    
Vice-Chair  Gara  were  two separate  issues.  She  was  not                                                                    
saying that the department  was not prosecuting misdemeanors                                                                    
or theft cases. She clarified  that DOL was prioritizing and                                                                    
spending  more time  on more  serious  cases. She  confirmed                                                                    
that the  department would  prosecute more  crime if  it had                                                                    
additional prosecutors.  However, making  a change in  SB 54                                                                    
for a particular jailtime would  not be a deciding factor in                                                                    
pushing for something additional.                                                                                               
                                                                                                                                
Vice-Chair Gara understood  the department was prioritizing,                                                                    
but  he  thought  it  meant  some  felony  thefts  were  not                                                                    
prosecuted. He asked for the accuracy of his statement.                                                                         
                                                                                                                                
Attorney General  Lindemuth agreed that some  cases were not                                                                    
getting  prosecuted  that  the  department  would  otherwise                                                                    
prosecute if  it had  the available  resources. She  did not                                                                    
want to  send the message  that DOL was not  prosecuting any                                                                    
property crime.                                                                                                                 
                                                                                                                                
Mr. Skidmore  reemphasized the attorney general's  point. He                                                                    
detailed  that DOL  had filed  over  14,000 misdemeanors  in                                                                    
2016,  almost  2,000  were   felony  property  offenses.  He                                                                    
underscored  that  the  department  was  prosecuting  felony                                                                    
property offenses, but it could not prosecute all cases.                                                                        
                                                                                                                                
2:42:16 PM                                                                                                                    
                                                                                                                                
Co-Chair Seaton  discussed that a number  of individuals had                                                                    
called to  request the  repeal of SB  91. He  asked Attorney                                                                    
General  Lindemuth whether  repealing SB  91 would  cost the                                                                    
state money.                                                                                                                    
                                                                                                                                
Attorney General  Lindemuth replied in the  affirmative. She                                                                    
detailed that  the current path for  criminal justice reform                                                                    
was  evidence-based and  was supposed  to reduce  recidivism                                                                    
and save  the state money.  She believed there  was evidence                                                                    
for the  reforms the state  had undertaken;  the anticipated                                                                    
cost   savings  were   still   expected   to  be   achieved.                                                                    
Additionally,  the  state  had implemented  numerous  things                                                                    
that cost  money. She highlighted  the 60  pretrial officers                                                                    
set to begin  in January [2018] as an  example; the officers                                                                    
had already  been hired. She  believed it was a  "good add."                                                                    
The state  had spent  the money on  numerous things  that it                                                                    
would not  get back. She  stated that the undertaking  was a                                                                    
bit of  an experiment, but  one that was  evidence-based and                                                                    
that  had worked  for other  states. She  recommended seeing                                                                    
the reform  through and to  continue evaluating  its success                                                                    
and whether changes were necessary going forward.                                                                               
                                                                                                                                
2:44:13 PM                                                                                                                    
                                                                                                                                
Representative Pruitt  spoke about the  department's 10-year                                                                    
lookback. He  observed that the current  budget was slightly                                                                    
higher, and  the Criminal Division budget  remained flat. He                                                                    
stated  that  in  FY  08   the  Criminal  Division  had  231                                                                    
permanent  full-time employees;  it  currently  had 214.  He                                                                    
reasoned  that  if  the  department  had  been  tracking  at                                                                    
inflation over the  course of 10 years, why it  had not done                                                                    
so  with personnel  and other  items. He  wondered what  was                                                                    
driving costs higher than inflation.  He was using inflation                                                                    
because the legislature  often heard that if  the budget did                                                                    
not  meet inflation  it reflected  a cut.  He asked  for the                                                                    
reason DOL  had fewer people  and was still  challenged, but                                                                    
its budget had stayed even with inflation.                                                                                      
                                                                                                                                
Attorney   General  Lindemuth   agreed   there  were   fewer                                                                    
positions in  2008 based  on the same  dollars. She  did not                                                                    
know  what piece  was tracking  higher  than inflation.  She                                                                    
deferred to  administrative services directors who  would be                                                                    
available for questions the following day.                                                                                      
                                                                                                                                
Representative Pruitt  noted Attorney General  Lindemuth had                                                                    
mentioned  she  expected  to come  to  the  legislature  for                                                                    
additional  funding  if  a fiscal  plan  was  developed.  He                                                                    
thought  there may  be  a decrease  or  diminished need  for                                                                    
increasing the  department's budget  if the  catalyst behind                                                                    
maintaining  SB  91 was  to  bring  cost savings  and  lower                                                                    
crime.                                                                                                                          
                                                                                                                                
Attorney General Lindemuth replied  that there were numerous                                                                    
things going on.  All things being equal, if  the opioid and                                                                    
fiscal  problems  had  not occurred,  she  agreed  that  the                                                                    
recidivism  rate  should  decrease  and the  demand  on  the                                                                    
Criminal  Division would  flatten  out.  She suggested  that                                                                    
perhaps that would  occur in five or ten years,  but she did                                                                    
not know. The spike in 2015  and 2016 in violent crime and a                                                                    
record number of  homicides in Anchorage were  not driven by                                                                    
criminal  justice reform.  The  prosecutors  were needed  to                                                                    
prosecute those  crimes and others.  There were  many things                                                                    
that contributed  to the cause of  crime and it was  not all                                                                    
an SB 91 issue.                                                                                                                 
                                                                                                                                
2:48:48 PM                                                                                                                    
                                                                                                                                
Representative  Pruitt  thanked Attorney  General  Lindemuth                                                                    
for bringing  the lawsuit that  had been  mentioned earlier.                                                                    
He was  less concerned  about the  monetary aspect  and more                                                                    
about  a   goal  of   reform  within   the  [pharmaceutical]                                                                    
industry.  He  addressed  Mr.  Skidmore  and  referenced  an                                                                    
earlier question related to the  ability for police officers                                                                    
to make  arrests. He believed  there were a few  things that                                                                    
may  have changed.  For example,  driving  with a  suspended                                                                    
license  had  changed  to  a citation.  He  had  heard  from                                                                    
officers that the  change limited their ability  to pursue a                                                                    
person  (who they  may want  to  ask more  questions or  dig                                                                    
deeper)  because  they  were  only able  to  give  a  ticket                                                                    
instead of taking it a bit further.                                                                                             
                                                                                                                                
Mr. Skidmore clarified  that his earlier answer  had been in                                                                    
response to  a question  about an officer's  authority under                                                                    
the law when  a crime occurred and their  ability to arrest.                                                                    
What  Representative Pruitt  was describing  was a  slightly                                                                    
different  scenario where  conduct  that  had formerly  been                                                                    
criminal was  decriminalized to a violation.  He agreed that                                                                    
it would change an officer's ability to affect an arrest.                                                                       
                                                                                                                                
Representative    Pruitt    appreciated    Mr.    Skidmore's                                                                    
clarification.                                                                                                                  
                                                                                                                                
Co-Chair Foster reviewed the presentation testifier list.                                                                       
                                                                                                                                
^PRESENTATION:  CRIMES KNOWN  TO POLICE  (ALASKA): STATEWIDE                                                                  
RATES, BY MONTH: 2014-2016 - UAA JUSTICE CENTER                                                                               
                                                                                                                                
2:53:58 PM                                                                                                                    
                                                                                                                                
BRAD MYRSTOL PHD, ASSOCIATE  PROFESSOR AND INTERIM DIRECTOR,                                                                    
UAA  JUSTICE  CENTER  (via teleconference),  introduced  the                                                                    
PowerPoint  presentation  titled  "Crimes  Known  to  Police                                                                    
(Alaska);  Statewide Rates,  by Month:  2014-2016" (copy  on                                                                    
file). The  first part of the  presentation addressed annual                                                                    
crime rates for  Alaska from 1985 to 2016,  which provided a                                                                    
big  picture  historical   perspective  for  the  three-year                                                                    
period focused  on by the  presentation. The second  part of                                                                    
the presentation  focused on monthly crime  rates for Alaska                                                                    
for the same  seven crime categories presented  in the first                                                                    
part of the presentation. He read from prepared remarks:                                                                        
                                                                                                                                
     Presenting   monthly    crime   rates    provides   the                                                                    
     opportunity to  zoom in on  annual crime rates  and see                                                                    
     important patterns and variations  that are masked when                                                                    
     crime counts are aggregated for an entire year.                                                                            
                                                                                                                                
Dr.  Myrstol  advanced to  slide  3  titled "Property  Crime                                                                    
Rates  (Alaska):  Crimes  Known to  Police:  1985-2016"  and                                                                    
continued to read from a statement:                                                                                             
                                                                                                                                
     Slide 3 shows the annual  crime rates for three offense                                                                    
     categories: larceny theft,  burglary, and motor vehicle                                                                    
     theft. Before diving into the  trends let me orient you                                                                    
     to the  graph. On the left  side of the graph  you will                                                                    
     see  the  vertical  axis that  shows  the  annual  rate                                                                    
     measured of  the number of  crimes known to  police per                                                                    
     100,000 population. Data for  the number of crimes were                                                                    
     obtained from the Department  of Public Safety's annual                                                                    
     crime in  Alaska reports. The  population data  used to                                                                    
     compute  the  per  capita rates  for  each  crime  were                                                                    
     obtained  from the  population  data  compelled by  the                                                                    
     Department of Labor and Workforce Development.                                                                             
                                                                                                                                
     On the bottom of the  graph you will see the horizontal                                                                    
     axis. This axis shows the  year, beginning with 1985 in                                                                    
     the  lower left  corner and  extending through  2016 in                                                                    
     the lower  right corner.  Larceny theft  is represented                                                                    
     by a  dash/dot line. The  larceny theft rate  peaked in                                                                    
     1986 at 3,672 per  100,000 population. The data reveals                                                                    
     a  consistent  near-linear  downward trend  in  larceny                                                                    
     theft  rates since  1991  with occasional  year-to-year                                                                    
     fluctuations.                                                                                                              
                                                                                                                                
     Burglary is represented by a  dashed line. The burglary                                                                    
     rate peaked  in 1985  at 1,121 per  100,000 population.                                                                    
     Once again,  we see a  steady decline in  the statewide                                                                    
     burglary rate through the period.                                                                                          
                                                                                                                                
2:55:39 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol continued to address slide 3:                                                                                       
                                                                                                                                
     Finally, motor  vehicle theft is depicted  by the solid                                                                    
     black line.  The motor vehicle  theft rate  also peaked                                                                    
     in 1985 at 566 per  100,000 population and again we see                                                                    
     a consistent  decline in the  motor vehicle  theft rate                                                                    
     between 1985 and 2016.                                                                                                     
                                                                                                                                
     The  data  shows that  Alaska  has  experienced a  long                                                                    
     period  of  decline  for   these  three  categories  of                                                                    
     property  crime:  larceny  theft, burglary,  and  motor                                                                    
     vehicle theft. However, all three  also show upticks in                                                                    
     recent years.  The rate of larceny  theft has increased                                                                    
     16.8  percent   since  2011.  The  burglary   rate  has                                                                    
     increased almost 39 percent in  2011 as well. And last,                                                                    
     but  certainly not  least, the  rate  of motor  vehicle                                                                    
     theft has more than  doubled, increasing by 116 percent                                                                    
     in 2011.                                                                                                                   
                                                                                                                                
2:56:44 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol turned to slide 4: "Violent Crime Rates                                                                             
(Alaska): Crimes Known to Police: 1985-2016." He continued                                                                      
to read from prepared remarks:                                                                                                  
                                                                                                                                
     Slide 4 shows  the annual crime rates  for four offense                                                                    
     categories: murder and  nonnegligent homicide, robbery,                                                                    
     forcible  rape,  and  assault.  This  graph  is  a  bit                                                                    
     noisier  than  the  previous slide  depicting  property                                                                    
     crime, so let  me walk you through what  is depicted in                                                                    
     the  graph.  You'll notice  first  that  there are  two                                                                    
     vertical axes rather than just  one. The reason for the                                                                    
     second  vertical axis  in blue  is that  the scale  for                                                                    
     assaults is  so dramatically different from  those from                                                                    
     murder,  robbery,  and  forcible   rape.  In  order  to                                                                    
     present  them  on  the  same   graph  and  be  able  to                                                                    
     reasonably  observe   variability,  the   assault  rate                                                                    
     needed to be presented on a separate axis.                                                                                 
                                                                                                                                
     The  assault rate  depicted in  the  graph ranges  from                                                                    
     zero  in the  bottom  right hand  corner  to 2,000  per                                                                    
     100,000 population. In contrast,  the rates for murder,                                                                    
     robbery,  and  forcible rape  range  from  zero in  the                                                                    
     bottom  left  corner  to 150  per  100,000  population.                                                                    
     You'll also  notice some color changes  in the forcible                                                                    
     rape trend line.  There is gray from  1985 through 2012                                                                    
     and black from 2013 through  2016. This color change is                                                                    
     intended  to highlight  a change  in the  definition of                                                                    
     forcible  rape made  by  the FBI  for  the purposes  of                                                                    
     uniform crime reporting.                                                                                                   
                                                                                                                                
     In  2016 the  FBI expanded  the definition  of forcible                                                                    
     rape to  include both  female and  male victims  and to                                                                    
     reflect  the   various  forms  of   sexual  penetration                                                                    
     understood  to be  rape, especially  nonconsenting acts                                                                    
     of  sodomy   and  sexual  assaults  with   objects.  In                                                                    
     addition to changing  the color of the  line, I've also                                                                    
     changed the  color of  the line  markers from  black to                                                                    
     yellow for  each of  the four years  for which  the new                                                                    
     UCR definition applied.                                                                                                    
                                                                                                                                
2:58:47 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol continued to address slide 4 with prepared                                                                          
remarks:                                                                                                                        
                                                                                                                                
     Beginning with assaults,  you can see that  there was a                                                                    
     dramatic  increase in  Alaska's assault  rate beginning                                                                    
     in  1987 and  peaking in  1995 with  1,938 per  100,000                                                                    
     population.  Since  1996,  the assault  rate  has  been                                                                    
     consistently   hovering   around  1,740   per   100,000                                                                    
     population  give or  take. However,  after dropping  to                                                                    
     1,561 per  100,000 in 2013,  Alaska's assault  rate has                                                                    
     increased 17.5 percent.                                                                                                    
                                                                                                                                
     The pattern for robbery  is notably different than that                                                                    
     for  assaults.  Whereas,  the  assault  rate  increased                                                                    
     through  the  mid-1990s  and then  remained  at  a  new                                                                    
     higher  level, the  robbery rate  dropped precipitously                                                                    
     after peaking  in 1994 at  143 per  100,000 population.                                                                    
     By  1998, the  robbery rate  had dropped  back down  to                                                                    
     76.5. By  2004, the robbery  rate was down to  65.3 per                                                                    
     100,000, a  level that  had not  been seen  since 1989.                                                                    
     Since 2004,  Alaska's robbery  rate has  increased 75.5                                                                    
     percent with a rate of 114 per 100,000 in 2016.                                                                            
                                                                                                                                
     With respect to  the forcible rape rate,  this rate too                                                                    
     peaked in  the 1990s.  In 1992, Alaska's  forcible rape                                                                    
     rate  was  96.5 per  100,000.  By  1997, the  rate  had                                                                    
     declined  to  61.5.  As   recently  as  2011,  Alaska's                                                                    
     forcible rape  rate was 60  per 100,000  population. In                                                                    
     2012, the last year under  the legacy UCR definition of                                                                    
     forcible  rape,   Alaska's  rate  stood  at   79.2  per                                                                    
     100,000.  Due  to  the  change  in  the  definition  of                                                                    
     forcible rape,  direct comparisons  should not  be made                                                                    
     between the  2013, 2014,  2015, and  2016 rates  on the                                                                    
     one hand and the rest of  the time series on the other.                                                                    
     Only those  years with the  same UCR  definition should                                                                    
     be  compared. Since  2014, the  rate of  forcible rapes                                                                    
     known to police have increased 36.7 percent.                                                                               
                                                                                                                                
     Finally,  while it  is difficult  to see  on the  graph                                                                    
     because of the relatively  low prevalence of murder and                                                                    
     non-negligent  homicide, in  general Alaska's  homicide                                                                    
     rate  has  been  stable  between  1985  and  2016.  The                                                                    
     highest rate  in the  time series came  in 1985  at 9.6                                                                    
     per 100,000 population. The lowest  rate was in 2009 at                                                                    
     3 per  100,000 population. Since 2009,  Alaska's murder                                                                    
     and nonnegligent  homicide rate has more  than doubled,                                                                    
     increasing  from 3  per  100,000 to  7  per 100,000  in                                                                    
     2016.                                                                                                                      
                                                                                                                                
3:01:58 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol scrolled to slide 5 titled "Zooming in: Monthly                                                                     
Crime Rates 2014-2016." He read from prepared remarks:                                                                          
                                                                                                                                
     So, with the big picture in  mind we'll now turn to the                                                                    
     presentation  of monthly  crime  rates  for the  period                                                                    
     2014  through 2016.  As I  mentioned before,  examining                                                                    
     crime  rates on  a  monthly, as  opposed  to an  annual                                                                    
     basis, allows us to see  important patterns in the data                                                                    
     that  would  otherwise  be masked  when  the  data  are                                                                    
     rolled up into annualized rates.                                                                                           
                                                                                                                                
     We'll begin  with Alaska's  monthly larceny  theft rate                                                                    
     beginning  in   January  2014  and   extending  through                                                                    
     December 2016.                                                                                                             
                                                                                                                                
Dr. Myrstol moved to slide 6: "Larceny Thefts (Alaska):                                                                         
Larceny Theft Rate, by Month: 2014-2016." He continued                                                                          
addressing prepared remarks:                                                                                                    
                                                                                                                                
     You'll  notice first  that the  vertical axis  scale is                                                                    
     much smaller  than what was  used when the  annual data                                                                    
     were  presented.  This  is   because  the  annual  data                                                                    
     represent  the sum  total of  every month  for a  given                                                                    
     year.  Thus,  the  monthly  rate data  are  of  a  much                                                                    
     smaller  magnitude  than  the annual  data.  Two  other                                                                    
     things  to note  in  this graph  that distinguishes  it                                                                    
     from  the  annual  data that  were  presented  earlier.                                                                    
     First, you'll  notice a vertical green  line located at                                                                    
     July 2016.  This is  a visual reference  to when  SB 91                                                                    
     was signed  into law. When this  presentation was first                                                                    
     developed I was asked to  present monthly crime data in                                                                    
     order to see how  crime rates changed immediately after                                                                    
     the law  went into effect. For  purposes of consistency                                                                    
     I   retained   that   visual   reference   in   today's                                                                    
     presentation.                                                                                                              
                                                                                                                                
     You'll  also notice  a smooth  red dotted  line in  the                                                                    
     graph. This  represents a best-fit  trend line  for the                                                                    
     data  in  the  time  series.  It's  presented  here  to                                                                    
     provide you with  a sense of the  overall trend, absent                                                                    
     the month-to-month fluctuations in the data.                                                                               
                                                                                                                                
     On to  the trend itself.  What you'll notice  first are                                                                    
     three distinct  humps in the time  series. This pattern                                                                    
     in the data  is what you might call  a textbook example                                                                    
     of what we  refer to as seasonality. That  is the data,                                                                    
     clearly  show  upward   and  downward  fluctuations  at                                                                    
     regular,    cyclical    intervals.    These    cyclical                                                                    
     fluctuations  correspond  to  roughly the  same  months                                                                    
     each year. In other  words, the fluctuations in larceny                                                                    
     theft  rates follow  a  cyclical  pattern according  to                                                                    
     season.                                                                                                                    
                                                                                                                                
     In each  of the three  years shown, there are  peaks in                                                                    
     late summer,  early fall and valleys  during late fall,                                                                    
     early  winter. Understanding  seasonality is  important                                                                    
     for  a number  of reasons.  Not the  least of  which is                                                                    
     that  if   seasonality  is  not   understood,  improper                                                                    
     conclusions  can  be  reached.  As  you  can  see,  the                                                                    
     larceny  theft  rate  declined marginally  in  the  six                                                                    
     months  immediately  following   SB  91  becoming  law.                                                                    
     However,  as I  explained  when I  presented this  data                                                                    
     previously,  it would  be  incorrect  to conclude  that                                                                    
     such a decline was attributable  to SB 91 becoming law.                                                                    
     While  the data  clearly show  decline, the  decline is                                                                    
     fully expected given the seasonal pattern in the data.                                                                     
                                                                                                                                
     A  second  pattern in  the  data,  which is  much  more                                                                    
     difficult to see at first  glance, is what you refer to                                                                    
     as trend. When we say there  is trend in the data, what                                                                    
     we  mean is  that there  is a  long-term increase  or a                                                                    
     long-term  decrease.  In  this case  there  was  upward                                                                    
     trend  in the  three-year  period shown  in the  graph.                                                                    
     This  overall trend  is what  was shown  in the  annual                                                                    
     data for  larceny theft  back on slide  3. So,  what we                                                                    
     have in this  time series are two  components that need                                                                    
     to be taken into account: seasonality and trend.                                                                           
                                                                                                                                
3:05:52 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol explained slide 7 titled "Shoplifting (Alaska):                                                                     
Shoplifting Rate, by Month: 2014-2016":                                                                                         
                                                                                                                                
     This  slide shows  the  monthly  rate for  shoplifting,                                                                    
     which is  a subcategory of  larceny theft. There  is no                                                                    
     seasonality  in  this  time  series,  but  there  is  a                                                                    
     discernable trend downward.                                                                                                
                                                                                                                                
Dr. Myrstol pointed to slide 8: "Burglaries (Alaska):                                                                           
Burglary Rate, by Month: 2014-2016." He read from remarks:                                                                      
                                                                                                                                
     Slide 8 presents the monthly  rate for burglary between                                                                    
     January  2014 and  December 2016.  Once  again, we  see                                                                    
     both  seasonality and  trend in  these data,  much like                                                                    
     what we  saw with the  larceny theft time  series, just                                                                    
     not nearly as  smooth. The trend in these  36 months of                                                                    
     data is upward, once  again as was previously reflected                                                                    
     in slide 3.                                                                                                                
                                                                                                                                
Dr. Myrstol advanced to slide 9: "MV Thefts (Alaska): MV                                                                        
Theft Rate, by Month: 2014-2016." He continued to read from                                                                     
a statement:                                                                                                                    
                                                                                                                                
     Slide 9 shows the monthly  rate of motor vehicle thefts                                                                    
     for Alaska.  There is little  in these data  to suggest                                                                    
     seasonality  and  can  clearly  see  pronounced  upward                                                                    
     trend,  particularly since  the early  spring in  2015.                                                                    
     The  month-to-month increases  in these  data beginning                                                                    
     in early spring 2015 are quite striking.                                                                                   
Dr. Myrstol detailed slide 10: "Homicide (Alaska): Homicide                                                                     
Rate, by Month: 2014-2016." He read prepared remarks:                                                                           
                                                                                                                                
     Slide 10  shows the  murder nonnegligent  homicide rate                                                                    
     from January  2014 through  December 2016.  While there                                                                    
     is wide  variability in these  data, something  that is                                                                    
     common with such  low base rate phenomena,  there is no                                                                    
     discernable  seasonality or  trend in  these data.  You                                                                    
     can  see a  very modest  aggregate increase  during the                                                                    
     period,   but   not    an   increase   of   statistical                                                                    
     significance.                                                                                                              
                                                                                                                                
3:07:44 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol continued to slide 11: "Forcible Rape (Alaska):                                                                     
Forcible Rape Rate, by Month: 2014-2016." He read from                                                                          
prepared remarks:                                                                                                               
                                                                                                                                
     Slide 11  presents Alaska's forcible rape  rate for the                                                                    
     three-year period. I would note here that this three-                                                                      
     year period is  the new definition under  the FBI's UCR                                                                    
     program.  There's a  hind of  seasonal  pattern of  the                                                                    
     data, but not  much of one. There  is discernable trend                                                                    
     in  the data  however.  Since  2014, Alaska's  forcible                                                                    
     rape rate has certainly increased.                                                                                         
                                                                                                                                
Dr. Myrstol discussed slide 12 "Robbery (Alaska): Robbery                                                                       
Rate, by Month: 2014-2016" with prepared remarks:                                                                               
                                                                                                                                
     Slide 12 presents Alaska's robbery  rate for the period                                                                    
     spanning January 2014 and December  2016. These data do                                                                    
     not show  evidence of seasonality,  but there  is clear                                                                    
     trend present.  There's been a notable  increase in the                                                                    
     monthly robbery rate. This  increase was reflected back                                                                    
     in slide 4.                                                                                                                
                                                                                                                                
Dr. Myrstol moved to slide 13 "Assault (Alaska): Assault                                                                        
Rate, by Month: 2014-2016" and read prepared remarks:                                                                           
                                                                                                                                
     Finally, slide  13 shows  Alaska's assault  rate month-                                                                    
     by-month  for  the   three-year  period  spanning  2014                                                                    
     through  2106. These  data  show  both seasonality  and                                                                    
     upward trend.                                                                                                              
                                                                                                                                
Dr. Myrstol advanced to slide 14 "All Crime Rates (Alaska):                                                                     
Crime Rates, by Month: 2014-2016" and continued to read:                                                                        
                                                                                                                                
     This  slide  presents all  of  the  monthly crime  data                                                                    
     together  in one  chart. Two  big  takeaways from  this                                                                    
     slide: one, property crime  rates are driven primarily,                                                                    
     though  not exclusively,  by  larceny  theft; and  two,                                                                    
     violent crime  rates are  driven primarily,  though not                                                                    
     exclusively, by assault.                                                                                                   
                                                                                                                                
     While I  presented both annual  and monthly  crime rate                                                                    
     data to you today, it is  important to note that all of                                                                    
     the  data  have  been  statewide  estimates.  Statewide                                                                    
     crime  rates   do  not  necessarily  reflect   what  is                                                                    
     happening  in particular  communities,  just as  annual                                                                    
     crime rates  mask important monthly variation  in crime                                                                    
     rates,  statewide rates  also mask  important community                                                                    
     variation.                                                                                                                 
                                                                                                                                
3:10:07 PM                                                                                                                    
                                                                                                                                
Dr. Myrstol read remarks pertaining to slide 15: "Summary:                                                                      
July 2016 - December 2016":                                                                                                     
                                                                                                                                
     The  last two  slides  are summary  tables showing  the                                                                    
     percentage change  between two specific months  of each                                                                    
     crime  category.  The  table  on  slide  15  shows  the                                                                    
     difference  in the  monthly crime  rate as  recorded in                                                                    
     July   2016   and   December  2016.   This   difference                                                                    
     represents  change in  the monthly  crime rates  during                                                                    
     the immediate post-SB 91 period.  The table on the next                                                                    
     slide presents a different percentage change.                                                                              
                                                                                                                                
Dr. Myrstol moved to slide 16: "Summary: January 2014 -                                                                         
December 2016." He read from prepared testimony:                                                                                
                                                                                                                                
     Slide 16 shows the  percentage change between the first                                                                    
     month in  the time series  (January 2014) and  the last                                                                    
     month  in  the  time  series  (December  2016).  You'll                                                                    
     notice a dramatic change in  the color and direction of                                                                    
     the  percentage change  arrows for  five  of the  crime                                                                    
     categories  presented. The  difference in  these slides                                                                    
     demonstrates the  importance of taking account  of both                                                                    
     seasonality  and trend  in  the data.  If  you use  too                                                                    
     short  of  a  time  period to  calculate  a  percentage                                                                    
     change,  you  could  reach  faulty  conclusions.  As  a                                                                    
     general  rule,  more  data  is   better,  and  this  is                                                                    
     particularly true for examining  crime trends. Crime is                                                                    
     cyclical, crime  is seasonal; month-to-month  and year-                                                                    
     to-year fluctuations  are both normal and  expected. In                                                                    
     order to reach firm conclusions, we should take as                                                                         
     long a view as possible whether examining monthly                                                                          
     crime rates or annual crime rates.                                                                                         
                                                                                                                                
Dr.  Myrstol   concluded  his  testimony  and   thanked  the                                                                    
committee for its time.                                                                                                         
                                                                                                                                
Co-Chair Foster reviewed other testifiers available online.                                                                     
                                                                                                                                
3:12:34 PM                                                                                                                    
                                                                                                                                
Representative   Grenn   thanked   Dr.   Myrstol   for   his                                                                    
presentation.  He  noted  that  several  weeks  earlier  Dr.                                                                    
Myrstol had given a presentation  to a subcommittee that was                                                                    
much more focused on several  urban communities. He believed                                                                    
the data had showed that petty  theft and car thefts were up                                                                    
in Anchorage.  He continued  that the  data [in  the current                                                                    
presentation]  was not  reflecting that,  but his  neighbors                                                                    
felt  differently.  He  thought   people  had  a  difficulty                                                                    
accepting the  data whole heartedly because  crimes were not                                                                    
reported  for  various  reasons.   He  wondered  if  it  was                                                                    
possible to know what percentage  of crimes went unreported.                                                                    
He  asked  how  confident  Dr. Myrstol  was  that  the  data                                                                    
provided  an accurate  reflection of  what was  happening in                                                                    
the communities.                                                                                                                
                                                                                                                                
Dr. Myrstol  had a  tremendous amount  of confidence  in the                                                                    
data;   however,  it   was  important   to  understand   the                                                                    
limitations  of the  data. For  the  reasons articulated  by                                                                    
Representative  Grenn, there  were limits  to administrative                                                                    
data  pertaining to  how  much crime  was  occurring in  the                                                                    
community. He  stated that most  crime was not  reported and                                                                    
varied significantly from one  crime category to another. He                                                                    
stated it  was about  half-and-half in  terms of  the volume                                                                    
reported to  police. However,  the way  the UCR  program was                                                                    
set up, there  was high confidence in  the year-to-year data                                                                    
submitted. The gap  between how much crime  occurred and how                                                                    
much  was reported  to police  was consistent  from year-to-                                                                    
year; therefore, statistically  it went to zero.  One of the                                                                    
tremendous  benefits  of  the   UCR  data  was  the  uniform                                                                    
collection process  from year-to-year in  each jurisdiction;                                                                    
it aided  in the  development of  time series.  Unless there                                                                    
was  reason to  believe a  significant structural  shift had                                                                    
occurred in  the reasons people  were not reporting,  it was                                                                    
possible to  look at  trends and  understand whether  or not                                                                    
crime was increasing or decreasing  over the long-term (even                                                                    
if they  did not  know precisely how  much crime  was taking                                                                    
place).                                                                                                                         
                                                                                                                                
Representative Grenn  asked for verification that  unless SB
91 significantly  altered the number  of crimes  people were                                                                    
reporting,  Dr. Myrstol  was confident  it  was possible  to                                                                    
compare 1995  to 2005  to 2015  because the  data collection                                                                    
remained the same.                                                                                                              
                                                                                                                                
Dr. Myrstol answered in the  affirmative. Unless there was a                                                                    
good  reason  to  believe  that  people  were  suddenly  not                                                                    
reporting  at all  at a  magnitude that  would impact  crime                                                                    
rates -  he reminded the  committee they were  talking about                                                                    
population level metrics - it  would take a large segment of                                                                    
the  population previously  reporting, to  not be  reporting                                                                    
now.  He furthered  it  was  plausible, but  it  would be  a                                                                    
monumental shift.                                                                                                               
                                                                                                                                
3:17:36 PM                                                                                                                    
                                                                                                                                
Representative Kawasaki had a  similar question about sexual                                                                    
assault   because  it   was  broadly   known  as   being  an                                                                    
underreported crime. He asked for detail.                                                                                       
                                                                                                                                
Dr.  Myrstol replied  that in  general, violent  crimes were                                                                    
reported  more often  than property  crimes. He  noted there                                                                    
was  important  variability  within   each  of  those  broad                                                                    
categorizations.    Sexual    assaults   were    notoriously                                                                    
underreported  for   a  host  of  complicated   reasons.  He                                                                    
detailed  that only  one  in  four or  one  in three  sexual                                                                    
assaults and rapes were reported  to police. While there was                                                                    
some variability in year-to-year  reporting rates, there was                                                                    
research  showing it  was pretty  consistent over  time. The                                                                    
reporting rates were  not known in Alaska  because there was                                                                    
not  a statewide  victimization  survey.  He explained  that                                                                    
victimization  surveys measured  the difference  between how                                                                    
much was  happening to people  and how much was  reported to                                                                    
policy.  The statistics  he cited  regarding  the number  of                                                                    
sexual  assaults and  rapes reported  was based  on national                                                                    
data.                                                                                                                           
                                                                                                                                
Dr.  Myrstol continued  that  there was  not  great data  on                                                                    
shoplifting.  The best  estimates  he had  seen showed  that                                                                    
about  90   percent  of   shoplifting  incidents   were  not                                                                    
reported.  The percentage  appeared  to  be consistent  over                                                                    
time.  There   were  a  host  of   complicated  reasons  why                                                                    
businesses  may not  report  shoplifting.  He detailed  that                                                                    
businesses  may absorb  the loss,  it may  be part  of their                                                                    
business model, they  may not want to go  through the hassle                                                                    
of  reporting for  small  dollar items,  and  other. On  the                                                                    
other hand, motor  vehicle thefts tended to  get reported at                                                                    
very  high rates.  There was  high incentive  and motivation                                                                    
for people  to report  those sorts  of thefts.  The estimate                                                                    
was between 70  and 80 percent of motor  vehicle thefts were                                                                    
reported  to police.  He emphasized  that in  general across                                                                    
all categories, the nonreporting  rates were consistent over                                                                    
time.                                                                                                                           
                                                                                                                                
Representative Kawasaki  referenced Dr.  Myrstol's testimony                                                                    
that  systematic shifts  could take  place. He  relayed that                                                                    
Fairbanks had fewer  deputized officers than it  had four or                                                                    
five years earlier.  He believed they were  down 10 percent.                                                                    
He noted that  DPS mentioned they were 40  troopers down. He                                                                    
wondered about the impact on reporting.                                                                                         
                                                                                                                                
Dr. Myrstol  answered that  he could  only speculate  on how                                                                    
the number of police  officers would impact reporting rates,                                                                    
which may  be different than  things like response  time. To                                                                    
the extent  that people did  not report because they  felt a                                                                    
disconnection or  apathy with the police  department. Adding                                                                    
more police  officers may do  nothing to  increase reporting                                                                    
rates;   however,  adding   more  officers   may  help   the                                                                    
department capture  unfound crimes reported to  dispatch. It                                                                    
was a complicated mix in  terms of the motivation to report,                                                                    
the  relationship  residents  had with  their  local  police                                                                    
agency, and  the ability  for the  agency to  accurately and                                                                    
adequately  capture  reported  crimes that  ultimately  went                                                                    
into the UCR data.                                                                                                              
                                                                                                                                
Representative Kawasaki  spoke of  a personal  experience in                                                                    
which he  had a trailer  was stolen.  He shared that  he had                                                                    
not reported  the crime  because he felt  like police  had a                                                                    
lot to  do and  it had  not been a  very important  thing to                                                                    
him. He did not know if  other people were thinking the same                                                                    
thing.  He supported  the state's  law enforcement  and knew                                                                    
they were struggling,  which was one reason had  had not yet                                                                    
reported the theft. He noted he would report it.                                                                                
                                                                                                                                
3:23:11 PM                                                                                                                    
                                                                                                                                
Vice-Chair Gara asked  if Dr. Myrstol was  familiar with the                                                                    
substantial increases  in jailtime the state  had adopted in                                                                    
the mid-2000s for rape and other sex crimes.                                                                                    
                                                                                                                                
Dr.  Myrstol responded  that he  had  a general  familiarity                                                                    
with the sentencing  structure that was changed  in the mid-                                                                    
2000s, but he did not  claim any statutory authority in that                                                                    
regard.                                                                                                                         
                                                                                                                                
Vice-Chair Gara reasoned  that people were sent  to jail for                                                                    
violent crimes  for reasons other  than reversing  the trend                                                                    
in  crime (e.g.  community condemnation,  punishment to  fit                                                                    
the  crime, and  other).  He furthered  that  even with  the                                                                    
statutes that  increase jailtime  for those  serious crimes,                                                                    
the increase in the rape  rate since 2010 was disturbing. He                                                                    
asked  if  Dr.  Myrstol  had any  information  to  help  the                                                                    
committee understand why.                                                                                                       
                                                                                                                                
Dr.  Myrstol  answered  there were  two  data  sources  with                                                                    
respect to  the prevalence  of sexual violence  and forcible                                                                    
rape  as  measured  through  the UCR.  He  shared  that  his                                                                    
colleague  Dr. Andre  Rosay was  the principal  investigator                                                                    
for  the Alaska  Victimization Survey  (AVS) in  partnership                                                                    
with  the Council  on Domestic  Violence and  Sexual Assault                                                                    
(CDVSA) - they  had conducted statewide surveys  in 2010 and                                                                    
2015. It  was one of  the victimization surveys  that Alaska                                                                    
had, which was  state of the art. The most  recent data from                                                                    
the  survey showed  that  victimization  rates had  improved                                                                    
since the first  iteration of the AVS in 2010  for past year                                                                    
and  lifetime prevalence  of sexual  violence. On  the other                                                                    
hand,  the  police  data  showed  the  inverse.  One  likely                                                                    
explanation was  that police data  captured a  phenomenon of                                                                    
increased willingness  for victims to come  forward and seek                                                                    
assistance  through  the   criminal  justice  system.  Given                                                                    
recent  very intense  work  by  the state  in  that area  of                                                                    
public policy,  he believed it  was a  reasonable hypothesis                                                                    
that the state  did not have the data to  specify it was the                                                                    
reason for a decline in  victimization rates and an increase                                                                    
in the number of reports being made to police.                                                                                  
                                                                                                                                
Vice-Chair  Gara  referenced  the   black  line  showing  an                                                                    
increase  in the  rape  rate (slide  4)  and understood  the                                                                    
increase  also   had  something  to  do   with  the  federal                                                                    
definition change. He asked if  the line would be increasing                                                                    
if the definition had not changed.                                                                                              
                                                                                                                                
Dr.  Myrstol responded  that it  was  hard to  know how  the                                                                    
change  in definition  impacted the  overall pattern  in the                                                                    
data. He pointed  to the gray line on slide  4, which showed                                                                    
a relative period  of stability through the  1990s and early                                                                    
2000s with  a slight uptick  in the early 2000s.  The change                                                                    
in the federal  definition resulted in a  structural jump in                                                                    
the  line,  which  turned  to   black  and  included  yellow                                                                    
markers.  The challenge  was there  was not  a lengthy  time                                                                    
series  when  it  came  to   forcible  rape  under  the  new                                                                    
definition. The  monthly data presented  on slide  11 helped                                                                    
breakdown the  information a  bit with  36 data  points over                                                                    
the  three-year period.  They were  beginning to  understand                                                                    
the  overall trend  under  the new  definition,  but it  was                                                                    
difficult to reach firm conclusions  with only four years of                                                                    
data.                                                                                                                           
                                                                                                                                
3:28:19 PM                                                                                                                    
                                                                                                                                
Representative  Grenn  mentioned  the  opioid  epidemic  and                                                                    
asked  if the  UAA Justice  Center tracked  drug arrests  in                                                                    
recent years.                                                                                                                   
                                                                                                                                
Dr. Myrstol responded that DPS  published annual arrest data                                                                    
in its Crime  Alaska report. The center had  some ability to                                                                    
get some  analytic leverage on that,  but it did not  have a                                                                    
standing  research  program  focusing  specifically  on  the                                                                    
topic.  However,  it could  compile  a  dataset and  provide                                                                    
detail on drug related offenses.                                                                                                
                                                                                                                                
Representative Grenn  replied that  he would  appreciate the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative   Pruitt  remarked   that  legislators   were                                                                    
hearing a  significant amount about nonviolent  offenses. He                                                                    
reported  that business  owners were  seeing an  increase in                                                                    
shoplifting.  He understood  it may  be challenging  for the                                                                    
center to gather  the information if it was  not reported to                                                                    
police.  He asked  if the  center had  the means  to connect                                                                    
with retail  organizations to find  out if they had  seen an                                                                    
increase or change in shoplifting,  employee theft, or other                                                                    
loss. He  stated that  huge spikes  [in crime]  were usually                                                                    
analyzed by those organizations to understand the cause.                                                                        
                                                                                                                                
Dr.  Myrstol  answered that  in  theory  if the  center  had                                                                    
access to data it could  analyze it. He had never undertaken                                                                    
an original  data collection  asking private  businesses for                                                                    
their  loss prevention  shrink data.  It would  be something                                                                    
new for the center, but it was open to the idea.                                                                                
                                                                                                                                
Representative Pruitt had heard  scenarios where people were                                                                    
openly  stealing  liquor  from liquor  stores.  He  believed                                                                    
there  may   be  an  impact   that  may  show   in  business                                                                    
financials.  He  wondered  if  the  information  would  help                                                                    
determine  if businesses  were noticing  theft more  because                                                                    
people  were being  bolder  or if  crime  had increased.  He                                                                    
appreciated Dr. Myrstol's testimony.                                                                                            
                                                                                                                                
Co-Chair Foster noted there  was one additional presentation                                                                    
and was willing to continue through the scheduled time.                                                                         
                                                                                                                                
^PRESENTATION: ALCOHOL SAFETY ACTION PROGRAM                                                                                  
                                                                                                                                
3:33:39 PM                                                                                                                    
                                                                                                                                
TONY   PIPER,  MANAGER,   ALCOHOL  SAFETY   ACTION  PROGRAM,                                                                    
DEPARTMENT    OF   HEALTH    AND   SOCIAL    SERVICES   (via                                                                    
teleconference),  introduced  the  PowerPoint  Presentation:                                                                    
"Alcohol  Safety Action  Program  (ASAP)." The  goal of  the                                                                    
presentation was  to provide an  understanding of  what ASAP                                                                    
did and how the changes in  SB 91 and proposed changes in SB
54  impacted  the  program.  He  began  on  slide  2  titled                                                                    
"Changes with  SB91." He  detailed that SB  91 had  made two                                                                    
major changes  for the ASAP  office. First, it  had narrowed                                                                    
the  offenses to  be referred  to ASAP  to include  only OUI                                                                    
[operating under  the influence] and DUI  [driving under the                                                                    
influence] and  refusals or those  offenses referred  by the                                                                    
Division  of   Motor  Vehicles  (DMV)  for   violating  laws                                                                    
pertaining to a driver's license  action due to alcohol or a                                                                    
controlled   substance.  He   furthered   that  the   change                                                                    
eliminated many  other referrals  such as  domestic violence                                                                    
with alcohol,  disturbing the  peace, and  other misdemeanor                                                                    
crimes   accompanied   by   alcohol  or   other   controlled                                                                    
substances. Second,  SB 91 required  ASAP to provide  a risk                                                                    
assessment  or screening  in order  to determine  a person's                                                                    
risk   of  reoffending   and  to   provide  more   intensive                                                                    
monitoring of high-risk individuals.                                                                                            
                                                                                                                                
3:36:28 PM                                                                                                                    
                                                                                                                                
Mr. Piper turned  to slide 3: "Proposed  changes with SB54."                                                                    
The proposed changes in SB  54 would change the requirements                                                                    
for  referrals  and  open up  those  referrals  to  offenses                                                                    
outside  of  OUIs  and  DUIs. The  change  would  mean  that                                                                    
misdemeanors   (including   domestic   violence)   involving                                                                    
alcohol or controlled substances  could be referred to ASAP.                                                                    
The change  would increase  referrals to  ASAP and  it would                                                                    
require  the program  to  maintain the  same  scope of  work                                                                    
designated  by  SB  91  involving  increased  screening  and                                                                    
monitoring of higher risk people.                                                                                               
Mr.  Piper moved  to slide  4: "Cases  BEING MONITORED."  He                                                                    
detailed that in  FY 15 there had been  7,286 new admissions                                                                    
and  1,618 remaining  cases related  to individuals  who had                                                                    
not completed their  ASAP requirements in the  year they had                                                                    
been admitted. He furthered that  the cases not completed in                                                                    
the year  admitted may take one,  two, or more years  due to                                                                    
longer treatment requirements, taking  a break in fulfilling                                                                    
requirements,  or acquiring  additional  charges. The  total                                                                    
amount of  cases monitored were  8,904 [pre-SB 91].  The new                                                                    
admissions had  decreased some in  FY 16, but  the remaining                                                                    
cases  were  relatively  high  adding   up  to  a  total  of                                                                    
approximately 8,000  or so cases continuing  to be monitored                                                                    
pre-SB  91. New  admissions had  decreased by  approximately                                                                    
2,200  or so  in FY  17, post-SB  91, but  it required  ASAP                                                                    
staff to  provide more  intensive scope  of work  for higher                                                                    
risk people.                                                                                                                    
                                                                                                                                
3:39:11 PM                                                                                                                    
                                                                                                                                
Mr.  Piper  advanced  to  slide  5:  "How  ASAP  works."  He                                                                    
explained that  many people  who came  in contact  with ASAP                                                                    
were overwhelmed  by the experience  of being  arrested. The                                                                    
program's initial  job was to inform  individuals about what                                                                    
the program did, how they  could get court requirements met,                                                                    
how the process could work for  them, and how they could get                                                                    
their driver's license back or  other things that could help                                                                    
motivate them to  finish the program. The ASAP  goal was for                                                                    
participants  to benefit  from the  experience and  not come                                                                    
back. He  furthered that  program staff  helped participants                                                                    
fill  out  releases of  information  and  gave them  privacy                                                                    
notices.  The  releases  allowed   staff  to  speak  with  a                                                                    
participant's   attorney,  the   treatment  agency,   family                                                                    
services, and other people who  may be involved in the case.                                                                    
Staff   also    reviewed   a   participant's    rights   and                                                                    
responsibilities  with them  in terms  of making  it through                                                                    
the program.                                                                                                                    
                                                                                                                                
Mr.    Piper     moved    to    slide     6:    "Information                                                                    
Gathering/Screening/Assessments."  The  program's next  step                                                                    
was to gather all the  information about a person they could                                                                    
including  a person's  criminal history,  treatment history,                                                                    
details about  prior ASAP cases,  and blood  alcohol content                                                                    
(if known). The program used  a substance use screening tool                                                                    
and following changes in SB  91, ASAP also used a risk/needs                                                                    
screening tool for each client.                                                                                                 
                                                                                                                                
Mr. Piper  addressed slide 7: "Choosing  an Treatment Agency                                                                    
& ASAP  Referral." The next  steps involved  determining the                                                                    
best fit for a client, what  their needs were, the amount of                                                                    
required  monitoring, and  all  other  available options  to                                                                    
enable a  person to successfully  complete the  program. The                                                                    
screening tool used  was a level of  service inventory (LSI-                                                                    
r); the  tool was  also used by  therapeutic courts  and DOC                                                                    
for inmates.  The tool  provided a  good measurement  of the                                                                    
person's  risk   of  reoffending  and  gave   direction  for                                                                    
treatment  recommendations  because  it  looked  at  several                                                                    
domains that may affect a person's life.                                                                                        
                                                                                                                                
3:41:57 PM                                                                                                                    
                                                                                                                                
Mr. Piper  looked at slide  8: "Monitoring Higher  Risk (NEW                                                                    
WITH SB91)."  He continued that once  the program determined                                                                    
the best fit  for an individual in terms  of location, cost,                                                                    
treatment  philosophy, some  people  went  to education  and                                                                    
some it  was about convenience for  people (some individuals                                                                    
lost   their    driver's   license    and   had    use   bus                                                                    
transportation), some people were  available for services at                                                                    
the Veterans Administration (VA), or other options.                                                                             
                                                                                                                                
Mr. Piper  relayed that after the  assessment process, staff                                                                    
identified   the   lowest   risk   individuals   who   would                                                                    
successfully  complete the  program with  minimal assistance                                                                    
from  the  program.  Once   the  individuals  completed  the                                                                    
program,  ASAP  notified  the court  and  individuals  could                                                                    
follow up with any remaining  action such as contacting DMV.                                                                    
The medium  risk individuals (those with  other stressors in                                                                    
their  lives  or  needed  more   help  getting  through  the                                                                    
program)  received moderate  monitoring.  For example,  ASAP                                                                    
may  check  with  an  agency to  ensure  an  individual  had                                                                    
followed  through  with  an  appointment.  The  higher  risk                                                                    
individuals required  most of the resources  and caused most                                                                    
of  the  problems  in  the   system;  therefore,  they  were                                                                    
monitored  as closely  as possible.  Program staff  reminded                                                                    
the individuals  of appointments  and followed up  with them                                                                    
afterwards to ensure they attended.  The program also helped                                                                    
with  referrals  related to  primary  care  issues or  other                                                                    
things to help individuals be successful in the program.                                                                        
                                                                                                                                
3:45:00 PM                                                                                                                    
                                                                                                                                
Mr. Piper  moved to  slide 9:  "Levels of  Treatment." There                                                                    
were different  treatment options - many  people with little                                                                    
risk could get  away with doing an  alcohol drug information                                                                    
school  (ADIS), a  standardized program  that followed  best                                                                    
practices;  ASAP  made  sure providers  were  trained  on  a                                                                    
regular basis  and had continuing education  every couple of                                                                    
years.  Other treatment  options were  outpatient, intensive                                                                    
outpatient, and  residential/inpatient - whatever  the court                                                                    
would  allow  for  individuals  needing  care.  Other  items                                                                    
considered in  assessments were  signs of  behavioral health                                                                    
issues  and  the  need  for mental  health  treatment  or  a                                                                    
therapist.  There  was  a  victim  impact  panel  (VIP)  for                                                                    
individuals  involved  in  traffic  related  incidents  (the                                                                    
panel occurred  once per  month). There  was also  an option                                                                    
for a  second opinion  valuation for individuals  who wanted                                                                    
it.                                                                                                                             
                                                                                                                                
Mr. Piper addressed slide 10:  "Agency Reports." The program                                                                    
gave a  letter of compliance to  first-time offenders, which                                                                    
the individual  could send  to DMV to  start the  process of                                                                    
getting an interlocking device for  their vehicle as long as                                                                    
they   maintained   their   treatment   requirements.   When                                                                    
individuals complete the program, ASAP  sent a letter to DMV                                                                    
and notified  the court. There  was a list of  other options                                                                    
that may occur when individuals were not in compliance:                                                                         
                                                                                                                                
   · Petition to Revoke (PTR)                                                                                                   
   · Bench Warrant (BW)                                                                                                         
   · Reassignment to ASAP ($)                                                                                                   
   · Fast Track (more court oversight)                                                                                          
   · Hearings                                                                                                                   
   · Impose Suspended Fine/Time                                                                                                 
                                                                                                                                
Mr. Piper moved to slide  11: "DMV Sign Off." First offenses                                                                    
could  be  in compliance  and  may  just require  education.                                                                    
Individuals with  a second  offense or  with a  higher blood                                                                    
alcohol   concentration  may   need  to   see  a   treatment                                                                    
specialist or  someone to  assess their use  in case  a more                                                                    
intensive level  of treatment  was needed.  When individuals                                                                    
finish with  ASAP they  always had  access to  program staff                                                                    
for questions.  The program  had grantee  offices throughout                                                                    
the state with a primary office in Anchorage.                                                                                   
                                                                                                                                
Mr. Piper  highlighted the ASAP FY  16 and FY 17  budgets on                                                                    
slide  12.   The  program  housed  13   permanent  full-time                                                                    
positions. He  pointed to a  small grant line that  went out                                                                    
to providers around the state.  There had been some shifting                                                                    
in funding, but it remained stable at present.                                                                                  
                                                                                                                                
                                                                                                                                
3:49:58 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster relayed that the  committee would be looking                                                                    
at Appendix F and fiscal notes the following day.                                                                               
                                                                                                                                
Representative Wilson pointed  to slide 4 and  began with FY                                                                    
15. She noted  that 6,675 people was  the difference between                                                                    
the number  of people in  the program at the  beginning. She                                                                    
asked  how many  of the  individuals successfully  completed                                                                    
the program. She asked what success meant.                                                                                      
                                                                                                                                
Mr.  Piper  answered  that  he  would  follow  up  with  the                                                                    
numbers. A  good portion of  participants did not  return to                                                                    
the  program. Successful  completion  of  the program  meant                                                                    
that  a person  fulfilled all  needs determined  after their                                                                    
assessment  (e.g.  treatment  or  an  educational  program).                                                                    
Individuals  may have  problems along  the way,  but once  a                                                                    
person graduated  from the programs  they had  completed the                                                                    
ASAP and court requirements.                                                                                                    
                                                                                                                                
Representative Wilson asked if  the individuals were tracked                                                                    
after  completing the  program.  Mr. Piper  answered in  the                                                                    
negative. He  noted tracking  may be  something ASAP  did in                                                                    
the future.                                                                                                                     
                                                                                                                                
Representative  Wilson  asked  if  a  person  who  had  been                                                                    
through  the program  and reoffended  had an  opportunity to                                                                    
come back to the program.                                                                                                       
                                                                                                                                
Mr.  Piper answered  that individuals  could  return to  the                                                                    
program  as many  times  as they  wanted.  However, at  some                                                                    
point  an offense  may rise  to the  felony level  and would                                                                    
involve a direction other than the misdemeanor ASAP office.                                                                     
                                                                                                                                
Representative Wilson  asked how  many individuals  had been                                                                    
in the  program more  than once. Mr.  Piper replied  that he                                                                    
had asked staff  to compile the numbers and  he would follow                                                                    
up with the information.                                                                                                        
                                                                                                                                
Representative  Wilson  believed  the information  would  be                                                                    
helpful.                                                                                                                        
                                                                                                                                
3:53:29 PM                                                                                                                    
                                                                                                                                
Co-Chair  Seaton  shared  that  he had  followed  the  House                                                                    
Judiciary Committee  meetings [on the bill]  where there had                                                                    
been testimony  the ASAP  budget was  fully utilized  on the                                                                    
participants  it had.  He  referenced  an adopted  amendment                                                                    
that  maintained criteria  for the  program to  provide more                                                                    
case  management  services  and  more follow  up,  which  he                                                                    
believed  (based on  testimony)  was what  made the  program                                                                    
most  effective. He  thought  there  were potentially  3,000                                                                    
more participants per year. He  asked if the program had the                                                                    
budgetary  resources to  follow the  additional individuals.                                                                    
He wondered  if the program  would need additional  staff or                                                                    
resources.                                                                                                                      
                                                                                                                                
Mr.  Piper  answered  that  the  plan  was  to  develop  the                                                                    
regulations   required   of   the   program;   through   the                                                                    
regulations, ASAP was  hoping to modify the  workload, so it                                                                    
would  be  manageable for  staff  to  do what  was  required                                                                    
without  additional resources.  However, whether  additional                                                                    
resources  would be  needed was  not yet  known because  the                                                                    
expanded caseload was  new. The program was  aiming for more                                                                    
efficiencies, such  as a group orientation  versus the prior                                                                    
individual  orientation. The  program  was  also looking  at                                                                    
computerized screening to cut down  on some of the manpower.                                                                    
They  did not  want to  over or  under monitor  people. Once                                                                    
efficiencies  had  been  made the  program  would  determine                                                                    
whether it needed to ask for more funding later.                                                                                
                                                                                                                                
3:56:02 PM                                                                                                                    
                                                                                                                                
Co-Chair Seaton asked when the  regulations would be written                                                                    
and adopted.                                                                                                                    
                                                                                                                                
Mr.  Piper  answered that  ASAP  was  currently writing  the                                                                    
regulations.  They were  trying to  gather more  information                                                                    
about what the changes looked  like for the program prior to                                                                    
implementing  regulation. Some  of  the  processes, such  as                                                                    
group orientation,  were already  in place. The  program was                                                                    
also looking  at potential changes to  the screening process                                                                    
and increasing other efficiencies.                                                                                              
                                                                                                                                
Co-Chair Seaton asked how long  the regulatory process would                                                                    
take.                                                                                                                           
                                                                                                                                
Mr. Piper deferred the question to a colleague.                                                                                 
                                                                                                                                
RANDALL  BURNS,  DIRECTOR,  DIVISION OF  BEHAVIORAL  HEALTH,                                                                    
DEPARTMENT OF HEALTH AND SOCIAL  SERVICES, replied that ASAP                                                                    
would go  through the normal process.  Once regulations were                                                                    
drafted  they  would go  out  for  public comment  prior  to                                                                    
adoption. The process would occur  over the next six months.                                                                    
He  believed  they  would  have adequate  time  to  get  the                                                                    
regulations in place if the House  passed SB 54 with the new                                                                    
language.                                                                                                                       
                                                                                                                                
3:58:36 PM                                                                                                                    
                                                                                                                                
Co-Chair  Seaton  asked  the  department  to  follow  up  on                                                                    
whether  a  delayed  effective   date  was  needed  for  the                                                                    
expansion.                                                                                                                      
                                                                                                                                
Representative Guttenberg  asked for verification  that ASAP                                                                    
assessed and monitored individuals  coming into the program,                                                                    
but it was not a treatment provider.                                                                                            
                                                                                                                                
Mr.  Piper  answered in  the  affirmative.  He detailed  the                                                                    
program  did  the  monitoring,  screening,  assessment,  and                                                                    
referral for treatment agencies.                                                                                                
                                                                                                                                
Representative    Guttenberg   referenced    recent   public                                                                    
testimony  in  Juneau  regarding  treatment.  He  noted  the                                                                    
speakers  had been  successful with  treatment, but  success                                                                    
had not happened  for them on their first  time. He believed                                                                    
there were  a broad spectrum of  successful and unsuccessful                                                                    
programs.  He  asked  if  ASAP   measured  the  programs  to                                                                    
determine  their  success. He  believed  it  was a  critical                                                                    
component.                                                                                                                      
                                                                                                                                
Mr. Piper deferred the question to Mr. Burns.                                                                                   
                                                                                                                                
Mr.  Burns answered  that ASAP  was  not conducting  regular                                                                    
monitoring   of   the   treatment   programs   it   referred                                                                    
participants  to. The  programs filed  reports in  order for                                                                    
ASAP to monitor performance of the individuals.                                                                                 
                                                                                                                                
Mr. Piper added  that many of the programs  were private and                                                                    
they  were   all  required  to  be   nationally  accredited;                                                                    
therefore,  they were  required to  follow certain  national                                                                    
standards.  He furthered  that ASAP  investigated complaints                                                                    
made  by individuals,  but it  did not  monitor the  success                                                                    
rates of programs. He did  not know whether it was something                                                                    
ASAP could do.                                                                                                                  
                                                                                                                                
Representative Guttenberg did not  understand the concept of                                                                    
the  state   was  putting   people  into   programs  without                                                                    
assessing their success rates. He  reasoned that some people                                                                    
did well  in one  program and not  in another.  He furthered                                                                    
that ASAP  was assessing  individuals and assigning  them to                                                                    
private and  nonprofit treatment. He could  not imagine that                                                                    
ASAP  was not  evaluating programs  it referred  individuals                                                                    
to. He found the situation problematic.                                                                                         
                                                                                                                                
4:03:59 PM                                                                                                                    
                                                                                                                                
Mr.  Burns  clarified that  ASAP  made  an effort  and  paid                                                                    
attention  when  individuals  had  been  unsuccessful  in  a                                                                    
program. The probation officer was  aware of the information                                                                    
and  the  officer could  and  did  made referrals  to  other                                                                    
programs that may be more  appropriate. He did not know that                                                                    
ASAP was  tracking on  a daily or  quarterly basis  how many                                                                    
individuals were successful  in a program on a  case by case                                                                    
basis; however,  ASAP was certainly aware  of programs where                                                                    
an individual was not succeeding,  and it did make referrals                                                                    
to other programs. Success in  a program was individualized;                                                                    
if  an   individual  was  not  ready   for  substance  abuse                                                                    
treatment,  they were  probably not  ready and  may have  to                                                                    
return later.                                                                                                                   
                                                                                                                                
Representative Guttenberg  asked if ASAP had  the ability to                                                                    
stop  referrals to  an  agency. Mr.  Burns  answered in  the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Representative   Guttenberg  asked   how  ASAP   established                                                                    
conditions to justify its  decision to discontinue referring                                                                    
participants to a specific program.                                                                                             
                                                                                                                                
Mr.  Burns  answered that  when  ASAP  placed conditions  on                                                                    
grants issued; if the conditions  were not met, ASAP program                                                                    
managers  worked  with  grantees  to determine  why  and  to                                                                    
hopefully  help them  make  adjustments.  He clarified  that                                                                    
ASAP  did not  rely only  on a  program's accreditation;  it                                                                    
followed  up  on  complaints  to   ensure  the  program  was                                                                    
operating as it requested.                                                                                                      
                                                                                                                                
4:07:08 PM                                                                                                                    
                                                                                                                                
Representative  Tilton observed  that ASAP's  second largest                                                                    
budget item was the grants  and benefits line. She asked how                                                                    
many  grants were  administered  by the  program. She  asked                                                                    
whether   there  were   different  varieties   of  treatment                                                                    
throughout the  state. She stressed  that treatment  was one                                                                    
of the number  one items the committee heard  about from the                                                                    
public  in  terms  of  importance.  She  believed  having  a                                                                    
monitoring  program tracking  individual  grantees was  very                                                                    
important.  She suggested  talking  with  the Department  of                                                                    
Health and  Social Services  (DHSS) - in  the past  DHSS had                                                                    
trouble following  outcomes of grantees  and it had  come up                                                                    
with a solution.                                                                                                                
                                                                                                                                
Mr. Piper answered  that the program had  12 grantees around                                                                    
the  state  including  small  communities  such  as  Bethel,                                                                    
Copper  River,   and  Dillingham.  He  explained   that  the                                                                    
grantees acted as an ASAP  office in those areas. The grants                                                                    
were  sometimes very  small and  were all  supported by  the                                                                    
Anchorage ASAP  office. He detailed  that ASAP  provided the                                                                    
training  and  access  to the  MIS  [Management  Information                                                                    
System] database.  Additionally, ASAP  was available  at any                                                                    
time to help  grantees through the process.  There were also                                                                    
ASAP  offices  in  larger  communities  such  as  Fairbanks,                                                                    
Juneau, Kenai,  and Ketchikan, which were  typically able to                                                                    
do most  of the work  themselves. He reiterated  his earlier                                                                    
testimony  that the  Anchorage office  provided support  and                                                                    
backup to the other offices.                                                                                                    
                                                                                                                                
Representative Tilton surmised that  the dollars included on                                                                    
the  grant line  funded  satellite ASAP  offices in  smaller                                                                    
communities.  Mr.  Piper  replied  in  the  affirmative.  He                                                                    
detailed  that  most of  the  offices  were connected  to  a                                                                    
treatment agency as well.                                                                                                       
                                                                                                                                
4:10:40 PM                                                                                                                    
                                                                                                                                
Representative  Tilton  asked   for  verification  that  the                                                                    
treatment  programs  ASAP  offices referred  individuals  to                                                                    
were not ASAP grantees.                                                                                                         
                                                                                                                                
Mr. Piper replied that occasionally  the ASAP office was the                                                                    
only entity in the area;  sometimes the office had treatment                                                                    
services available  within the  organization or  a different                                                                    
part of the organization.                                                                                                       
                                                                                                                                
Representative Tilton asked for  verification that when ASAP                                                                    
made  recommendations to  refer  someone  for treatment,  in                                                                    
most instances  in smaller communities the  individuals went                                                                    
to a satellite ASAP office for treatment.                                                                                       
                                                                                                                                
Mr. Piper answered in the  affirmative; in many cases it was                                                                    
the only option available [in small communities].                                                                               
                                                                                                                                
Representative Tilton asked for  verification that in larger                                                                    
communities  ASAP made  recommendations  for  people to  get                                                                    
treatment with providers outside the ASAP office.                                                                               
                                                                                                                                
Mr. Piper replied in the  affirmative. He detailed that when                                                                    
there  were additional  options available,  the ASAP  agency                                                                    
was required  to offer those  options as appropriate  for an                                                                    
individual.                                                                                                                     
                                                                                                                                
Representative Tilton  asked for verification that  ASAP did                                                                    
not  have  a way  to  track  the  outcomes of  a  particular                                                                    
treatment program  that fell outside  the ASAP  offices. She                                                                    
asked how  the program decided  where to recommend  a person                                                                    
go.                                                                                                                             
                                                                                                                                
4:13:22 PM                                                                                                                    
                                                                                                                                
Mr. Piper answered that ASAP  found and referred individuals                                                                    
to  treatment agencies  with national  accreditation. Almost                                                                    
every agency  used had oversight  giving ASAP  confidence in                                                                    
the agency's legitimacy.                                                                                                        
                                                                                                                                
Mr. Burns  asked Mr. Piper  to explain how  ASAP individuals                                                                    
pay for the treatment.                                                                                                          
                                                                                                                                
Mr.  Piper explained  that participants  typically paid  for                                                                    
the  services  out  of  pocket. Many  of  the  agencies  had                                                                    
sliding scale fees. He furthered  that many times ASAP tried                                                                    
to find people eligible for Medicaid assistance.                                                                                
                                                                                                                                
Representative   Tilton   stated  her   understanding   that                                                                    
individuals paid for the service  and most of the grant line                                                                    
went  towards  funding  satellite ASAP  offices  in  smaller                                                                    
communities.  She  asked how  a  treatment  provider got  on                                                                    
ASAP's list as a recommended provider.                                                                                          
                                                                                                                                
Mr. Piper replied that ASAP  maintained a list; people could                                                                    
apply and most went through  the division in some way. Grant                                                                    
programs  and  private  providers  contacted  ASAP  and  the                                                                    
programs were  then required to  meet a certain  standard to                                                                    
be on the list.                                                                                                                 
                                                                                                                                
Representative  Tilton surmised  that a  program participant                                                                    
could find  a treatment  program to  bring forward  to ASAP.                                                                    
She   believed  ASAP   would   then   check  the   program's                                                                    
credentials   and   would   approve  it.   She   asked   for                                                                    
verification  that  ASAP  was  not  keeping  any  background                                                                    
information on the overall outcomes coming from a provider.                                                                     
                                                                                                                                
Mr.  Piper   corrected  that  ASAP  maintained   a  list  of                                                                    
treatment providers  it had approved, and  individuals could                                                                    
choose from that list. The  individuals did not come to ASAP                                                                    
with a  provider. He underscored  that providers  to achieve                                                                    
national accreditation it  was a process for  ASAP to ensure                                                                    
the programs met  the standards to be on  its provider list.                                                                    
He  furthered that  ASAP knew  who graduated  from programs;                                                                    
ASAP  investigated  if it  had  suspicion  that no  one  was                                                                    
graduating from  a program or there  were problems. However,                                                                    
ASAP did  not track in  a statistical way how  programs were                                                                    
doing or how they graduated participants.                                                                                       
                                                                                                                                
4:17:42 PM                                                                                                                    
                                                                                                                                
Representative Wilson  referenced the FY  16 and FY  17 ASAP                                                                    
budget shown  on slide  12. She estimated  that each  of the                                                                    
program's 13 staff  had been making about $104,000  in FY 16                                                                    
compared to  approximately $84,000  in FY  17. She  asked if                                                                    
program staff had decided to take a pay cut.                                                                                    
                                                                                                                                
Mr.  Piper responded  that  in  FY 17  there  had been  some                                                                    
vacancies,  which had  taken some  time to  fill; there  had                                                                    
been  periods  where the  program  had  been lacking  staff,                                                                    
which was part of the  discrepancy between the two personnel                                                                    
budgets.                                                                                                                        
                                                                                                                                
Representative  Wilson asked  if  the average  salary of  an                                                                    
ASAP employee was about $100,000.                                                                                               
                                                                                                                                
Mr.  Piper replied  that  the starting  salary  for an  ASAP                                                                    
probation officer was  about $86,000. He was  not sure where                                                                    
the $104,000 mentioned by Representative Wilson came from.                                                                      
                                                                                                                                
Representative   Wilson  replied   that   she  had   divided                                                                    
$1,361,900 [on the personal services  line] by 13. She asked                                                                    
if  the   [starting]  salary  was  $86,000   plus  benefits.                                                                    
Alternatively, she asked if it was $86,000 complete.                                                                            
                                                                                                                                
Mr. Piper replied that $86,000 was the complete figure.                                                                         
                                                                                                                                
Co-Chair  Seaton remarked  that  the bill  currently had  an                                                                    
immediate effective  date on  the specific  provision; there                                                                    
would be  no time  delay before  additional people  would be                                                                    
referred to ASAP.  He asked ASAP to consider  that in follow                                                                    
up information it would provide to the committee.                                                                               
                                                                                                                                
Co-Chair Foster  noted that members  could ask  questions of                                                                    
any of the departments present.  He added that members would                                                                    
have an  opportunity to ask  questions the following  day as                                                                    
well.                                                                                                                           
                                                                                                                                
4:20:37 PM                                                                                                                    
                                                                                                                                
Vice-Chair Gara remarked that his  comments the previous day                                                                    
related to  sentencing ranges had  been confusing.  He hoped                                                                    
to clarify information on sentencing  ranges and the concept                                                                    
of  increasing sentences  with aggravators.  He asked  about                                                                    
the  sentencing  maximum  for  unclassified  offenses  (i.e.                                                                    
murder, rape, and other).                                                                                                       
                                                                                                                                
Mr.  Skidmore replied  that unclassified  felonies generally                                                                    
had a maximum sentencing range of 99 years.                                                                                     
                                                                                                                                
Vice-Chair  Gara  noted  there had  been  testimony  several                                                                    
times from  the family of  a murder victim that  feared they                                                                    
would have to  start going to parole hearings.  He asked for                                                                    
verification that  minimum jailtime for murder  in the first                                                                    
and second  degree from 10 and  20 years to 20  and 30 years                                                                    
respectively.                                                                                                                   
                                                                                                                                
Mr. Skidmore  replied that the mandatory  minimum sentencing                                                                    
had been increased  for both offenses, but he  would have to                                                                    
follow up with the detail.                                                                                                      
                                                                                                                                
Vice-Chair  Gara asked  Mr. Steiner  if the  numbers he  had                                                                    
provided were accurate.                                                                                                         
                                                                                                                                
QUINLAN   STEINER,   DIRECTOR,   PUBLIC   DEFENDER   AGENCY,                                                                    
DEPARTMENT  OF  ADMINISTRATION,  answered that  the  minimum                                                                    
sentencing had been increased by SB  91, but he did not have                                                                    
the numbers on hand.                                                                                                            
                                                                                                                                
Vice-Chair Gara asked  the departments to follow  up and let                                                                    
him know  if he was wrong  about the numbers he  had listed.                                                                    
He spoke  to his  understanding of discretionary  parole. He                                                                    
believed  that a  murderer could  request a  parole hearing,                                                                    
but the  Parole Board  could deny the  request. He  asked if                                                                    
his description of discretionary parole was accurate.                                                                           
                                                                                                                                
Mr.  Skidmore answered  that discretionary  parole was  when                                                                    
someone could  ask for parole  and the Parole  Board decided                                                                    
whether  they would  be released.  He followed  up on  Vice-                                                                    
Chair  Gara's  earlier   question  about  murder  sentencing                                                                    
increases. The  mandatory minimums  for first  degree murder                                                                    
had been increased  from 20 to 30 years and  the minimum for                                                                    
second  degree  murder had  been  increased  from 10  to  15                                                                    
years.                                                                                                                          
                                                                                                                                
Vice-Chair Gara  spoke to the  question about when  a murder                                                                    
victim's family  had to worry  about the  perpetrator asking                                                                    
for parole. He asked for  verification that before and after                                                                    
the  implementation   of  SB  91  a   person  could  request                                                                    
discretionary  parole after  the  greater  of the  mandatory                                                                    
minimum  sentence  or one-half  of  the  actual sentence  if                                                                    
greater than the mandatory minimum.                                                                                             
                                                                                                                                
Mr.  Skidmore   clarified  that   a  person   could  request                                                                    
discretionary  parole  after  the   greater  of  either  the                                                                    
mandatory minimum or one-third of the imposed sentence.                                                                         
                                                                                                                                
Vice-Chair  Gara restated  that the  timeframe was  at least                                                                    
the  mandatory  minimum, but  if  one-third  of the  imposed                                                                    
sentence was longer  than the mandatory minimum  it would be                                                                    
that period.                                                                                                                    
                                                                                                                                
Mr. Skidmore answered in the affirmative.                                                                                       
                                                                                                                                
Vice-Chair Gara  asked for the  maximum sentences  for Class                                                                    
A, B, and C felonies.                                                                                                           
                                                                                                                                
4:25:14 PM                                                                                                                    
                                                                                                                                
Mr. Skidmore replied  that the maximum sentence  for a Class                                                                    
A felony  was 20  years, the  maximum for a  Class B  was 10                                                                    
years, and the maximum for a Class C was 5 years.                                                                               
                                                                                                                                
Vice-Chair  Gara stated  there were  over 30  aggravators in                                                                    
statute. He asked for a description of an aggravator.                                                                           
                                                                                                                                
Mr.  Skidmore  replied  that  an aggravator  was  a  set  of                                                                    
circumstances the  legislature had placed into  statute that                                                                    
would  authorize a  judge to  increase the  sentencing above                                                                    
the presumptive range.                                                                                                          
                                                                                                                                
Vice-Chair  Gara  asked  for   verification  a  judge  could                                                                    
increase sentencing up  to the maximum for a  given class of                                                                    
crime.                                                                                                                          
                                                                                                                                
Mr. Skidmore replied in the affirmative.                                                                                        
                                                                                                                                
Vice-Chair  Gara noted  that  much of  the  bill related  to                                                                    
Class C  felonies. He stated  that criminal mischief  in the                                                                    
third degree was a C  felony for first-time offenders with a                                                                    
sentence  of  zero  to  one   year.  However,  if  a  person                                                                    
committed an aggravator  they could be sentenced  up to five                                                                    
years.  He believed  an aggravator  could  include firing  a                                                                    
weapon while committing criminal mischief.                                                                                      
                                                                                                                                
Mr.  Skidmore did  not recall  whether criminal  mischief in                                                                    
the second or  third degree was a C felony.  Pertaining to a                                                                    
C felony,  because the use  of a dangerous  instrument would                                                                    
not be  an element of  the criminal  mischief, the use  of a                                                                    
dangerous instrument  in furtherance of an  offense would be                                                                    
an  aggravator  and would  authorize  a  court to  impose  a                                                                    
sentence up to the maximum if it chose to do so.                                                                                
                                                                                                                                
Vice-Chair  Gara   stated  there  had  been   discussion  in                                                                    
committee over the  past week about sexual abuse  of a minor                                                                    
in the third degree, which was  a C felony. He described the                                                                    
crime  and  explained  it  applied   if  there  was  an  age                                                                    
difference of  four years between  the two individuals  - it                                                                    
could be amplified for certain  ages. Sentencing under SB 54                                                                    
for a first-time  offense of sexual abuse of a  minor in the                                                                    
third  degree was  zero to  one year.  He referenced  a case                                                                    
where the individual had been  severely beaten; in that case                                                                    
the  aggravator  made the  crime  one  of the  most  serious                                                                    
versions of the crime. He asked for comment.                                                                                    
                                                                                                                                
Mr. Skidmore  answered that a  Class C felony,  sexual abuse                                                                    
of a  minor in the third  degree, had a sentence  of zero to                                                                    
one year  under SB 54.  He referenced the case  mentioned by                                                                    
Vice-Chair  Gara and  believed  the case  was Atkinson.  The                                                                    
fact that  the victim  had been severely  beaten was  one of                                                                    
the  facts   considered  by  the   court  to   determine  an                                                                    
aggravator applied.                                                                                                             
                                                                                                                                
4:29:38 PM                                                                                                                    
                                                                                                                                
Vice-Chair Gara believed that in  the cases talked about the                                                                    
aggravator could move the sentencing  range from zero to one                                                                    
year up to five years for a first-time felony.                                                                                  
                                                                                                                                
Mr. Skidmore agreed.                                                                                                            
                                                                                                                                
Vice-Chair  Gara  asked  if  the   use  of  aggravators  was                                                                    
uncommon.                                                                                                                       
                                                                                                                                
Mr. Steiner replied that the  use of aggravators was common.                                                                    
He detailed that it was a  matter of how a case processed. A                                                                    
person may  be charged with something,  but aggravators were                                                                    
not pled  as part of  the charging process.  The aggravators                                                                    
came up in  the plea negotiation process  and potentially at                                                                    
the  trial process  where  they may  get  pled if  necessary                                                                    
because  of  a  jury  verdict,   which  was  true  for  most                                                                    
aggravators.                                                                                                                    
                                                                                                                                
Vice-Chair  Gara wanted  to make  clear that  for a  first C                                                                    
felony offence an aggravator could  increase the sentence of                                                                    
zero to one year up to a maximum of five years.                                                                                 
                                                                                                                                
Mr. Steiner agreed.                                                                                                             
                                                                                                                                
Vice-Chair Gara returned  to the topic of sexual  abuse of a                                                                    
minor in the third degree.  He detailed his understanding of                                                                    
the crime. He believed the  crime had to involve a four-year                                                                    
age difference. He  stated it could be an  18-year-old and a                                                                    
14-year-old and  the law specified that  a 14-year-old could                                                                    
not consent.  He continued that the  individuals could think                                                                    
they  have  a  relationship,   but  the  law  disagreed.  He                                                                    
believed the situation was a Class C felony.                                                                                    
                                                                                                                                
Mr. Skidmore responded  that sexual abuse of a  minor in the                                                                    
third degree  was based upon  an offender being 17  years of                                                                    
age or  older and a  victim who was 13,  14, or 15  years of                                                                    
age; a four-year age difference  was required. He referenced                                                                    
Vice-Chair Gara's  question about consent related  to sexual                                                                    
abuse of  a minor.  He clarified  that consent  pertained to                                                                    
sexual assault and did not play  a role in sexual abuse of a                                                                    
minor.                                                                                                                          
                                                                                                                                
Vice-Chair Gara addressed that  sentencing ranges existed to                                                                    
recognize that  some conduct within  a given crime  could be                                                                    
more serious than in other  cases. For example, a person may                                                                    
get a  shorter sentence  if the defendant  was 18-years-old,                                                                    
the  victim was  14-years-old and  brief touching  occurred.                                                                    
Another version of  the same crime could  involve a 50-year-                                                                    
old,  with   a  14-year-old  victim  where   severe  groping                                                                    
occurred without  clothing. He  asked if those  two examples                                                                    
were different versions of a given crime.                                                                                       
                                                                                                                                
4:33:23 PM                                                                                                                    
                                                                                                                                
Mr.  Skidmore  replied that  for  many  crimes the  elements                                                                    
described the facts  that had to exist.  Vice-Chair Gara had                                                                    
provided  two  sets  of  circumstances  that  both  met  the                                                                    
elements.  The presumptive  sentencing range  was considered                                                                    
to be  for the  ordinary course  of the  crime. There  was a                                                                    
mitigator  for  least serious  and  an  aggravator for  most                                                                    
serious. The aggravators and mitigators  were meant to be on                                                                    
the far ends of the  spectrum and the presumptive sentencing                                                                    
was supposed to be in the middle.                                                                                               
                                                                                                                                
Mr. Steiner believed the description was fair.                                                                                  
                                                                                                                                
Vice-Chair Gara surmised the point  of sentencing ranges was                                                                    
to  enable  a  judge  to   sentence  based  on  the  conduct                                                                    
committed.                                                                                                                      
                                                                                                                                
Mr. Skidmore agreed.                                                                                                            
                                                                                                                                
Representative Wilson referred to  public testimony from the                                                                    
previous evening where the committee  had been told a person                                                                    
could come  up for probation  [parole] every two  years. She                                                                    
asked if it had been done in SB 91.                                                                                             
                                                                                                                                
Mr. Skidmore  clarified that it  was parole,  not probation.                                                                    
He  detailed that  a provision  in  SB 91  talked about  the                                                                    
frequency of a parole hearing,  not how quickly it occurred.                                                                    
He explained that  SB 91 did suggest a  parole hearing could                                                                    
occur  every two  years, but  SB 54  removed the  provision;                                                                    
therefore, the  time between hearings  could be  longer than                                                                    
two years.                                                                                                                      
                                                                                                                                
Representative Wilson  asked if a victim  could specify they                                                                    
did not want to continue  to be notified. Alternatively, she                                                                    
asked if the notification was mandated.                                                                                         
                                                                                                                                
Mr.  Skidmore  answered  that his  department  did  not  get                                                                    
involved in  many parole  hearings. He  recommended speaking                                                                    
with Jeff Edwards from the Parole Board.                                                                                        
                                                                                                                                
4:36:30 PM                                                                                                                    
                                                                                                                                
Representative Pruitt  referred to the topic  of aggravators                                                                    
and spoke  about a situation where  a weapon or gun  was the                                                                    
element of a  crime. He surmised an aggravator  would not be                                                                    
used if  it was the  basis of the  crime. For example,  if a                                                                    
drive  by shooting  occurred, but  a person  was not  hit or                                                                    
killed,  the  crime  would  be  a Class  C  felony,  but  an                                                                    
aggravator would not  be used if the gun was  the element of                                                                    
the crime. He asked for  verification that under current law                                                                    
the perpetrator  in the  scenario could  potentially receive                                                                    
no jailtime for a first-time offense.                                                                                           
                                                                                                                                
Mr.  Skidmore  agreed,  but used  a  different  example.  He                                                                    
explained  that  assault  in the  third  degree  involved  a                                                                    
perpetrator  placing  another  person in  fear  of  imminent                                                                    
serious physical injury by means  of a dangerous instrument.                                                                    
He cited  Alaska appellate case  Linn v. State 658  P.2d 150                                                                    
from 1983  that specifically stated an  aggravator could not                                                                    
be used to enhance a sentence  if the aggravator was also an                                                                    
element of the  offense. In the case of his  example, it was                                                                    
the use  of the  dangerous instrument.  It was  necessary to                                                                    
evaluate whether something was an  element of the offense to                                                                    
begin with.                                                                                                                     
                                                                                                                                
4:39:10 PM                                                                                                                    
                                                                                                                                
Co-Chair Seaton returned  to the topic of  the parole timing                                                                    
for  individuals in  jail  for murder.  He  stated that  for                                                                    
murder in  the second  degree - 15  years. He  surmised that                                                                    
discretionary parole could not  be requested before 15 years                                                                    
and it could not be requested  before 30 years for murder in                                                                    
the first degree.                                                                                                               
                                                                                                                                
Mr.  Skidmore responded  that  the  mandatory minimums  were                                                                    
correct. He  cautioned that  the mandatory  minimums applied                                                                    
to crimes  that had occurred  since SB 91 went  into effect.                                                                    
For crimes occurring  prior to the SB 91  effective date, it                                                                    
was not  possible to increase  a sentence after a  crime had                                                                    
occurred.                                                                                                                       
                                                                                                                                
4:40:15 PM                                                                                                                    
                                                                                                                                
Co-Chair  Seaton  asked  that  if  the  crime  had  occurred                                                                    
previously the crime would have  been 10 years for murder in                                                                    
the  second degree  and 20  years for  murder [in  the first                                                                    
degree] before a first request  for a discretionary hearing.                                                                    
He  stated that  if there  had  been a  longer sentence  the                                                                    
timeframe  could  be  longer.  For example,  for  a  90-year                                                                    
sentence, one-third of the sentence would be 30 years.                                                                          
                                                                                                                                
Mr. Skidmore  replied that Co-Chair  Seaton was  correct. It                                                                    
would  be  necessary  to  take   one-third  of  the  imposed                                                                    
sentence and  determine whether  the mandatory  minimum one-                                                                    
third  of  the sentence  was  longer.  Whichever period  was                                                                    
longer controlled  when the first  hearing would  occur. The                                                                    
two years was  about the frequency the  hearings could occur                                                                    
after the first hearing.                                                                                                        
                                                                                                                                
Co-Chair Seaton asked  for verification it would  not be the                                                                    
first hearing, but the first application for a hearing.                                                                         
                                                                                                                                
Mr. Skidmore  answered that the conversation  was about when                                                                    
a  person  became  eligible  for  discretionary  parole.  He                                                                    
clarified  that if  a  person applied  for  a hearing,  they                                                                    
would get the  hearing. The hearing did not  mean the person                                                                    
would be released.                                                                                                              
                                                                                                                                
Vice-Chair Gara remarked that in  many cases it was a longer                                                                    
period before  a person could  ask for  discretionary parole                                                                    
because the mandatory  minimums were increased in  SB 91. He                                                                    
thought  it  possible that  a  testifier  from the  previous                                                                    
evening had believed a perpetrator  did not have to wait for                                                                    
the full mandatory minimum (e.g.  30 years for murder in the                                                                    
first degree)  to ask for discretionary  parole. He believed                                                                    
the individual thought good-time  was subtracted from the 30                                                                    
years, which  was untrue. He  clarified it was a  minimum of                                                                    
30 years [for murder in the first degree].                                                                                      
                                                                                                                                
Mr. Skidmore relayed  that good time did not  have an impact                                                                    
on when someone was eligible for discretionary parole.                                                                          
                                                                                                                                
SB  54  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster reviewed the agenda for the following day.                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:43:16 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:43 p.m.                                                                                          

Document Name Date/Time Subjects
SB 54 HFIN DLAW Presentation - Oct 31 2017.pdf HFIN 10/31/2017 1:00:00 PM
HFIN LAW AG Presehntation SB 54
SB 54
SB 54 Crime in Alaska Report.pdf HFIN 10/31/2017 1:00:00 PM
SB 54
SB54 ASAP -DHSS House Finance presentation 103117.pdf HFIN 10/31/2017 1:00:00 PM
SB 54
SB 54 CRIME RATE TRENDS 2014-2016 HOUSE FINANCE.pdf HFIN 10/31/2017 1:00:00 PM
SB 54