Legislature(2015 - 2016)GRUENBERG 120

04/06/2016 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 p.m. Today--
+ HB 308 CHILD SAFETY SEAT INSTALLATION LIABILITY TELECONFERENCED
Moved HB 308 Out of Committee
-- Public & Invited Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 147 ANIMALS: PROTECTION/RELEASE/CUSTODY TELECONFERENCED
Moved CSHB 147(JUD) Out of Committee
+= HB 205 CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 6, 2016                                                                                          
                           1:18 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Chair                                                                                          
Representative Wes Keller, Vice Chair                                                                                           
Representative Bob Lynn                                                                                                         
Representative Charisse Millett                                                                                                 
Representative Matt Claman                                                                                                      
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Neal Foster                                                                                                      
Representative Kurt Olson (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 308                                                                                                              
"An  Act  relating   to  the  limitation  of  liability   for  the                                                              
inspection,  installation, or  adjustment of  a child safety  seat                                                              
or   in  providing   education  regarding   the  installation   or                                                              
adjustment of a child safety seat."                                                                                             
                                                                                                                                
     - MOVED HB 308 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 147                                                                                                              
"An  Act relating  to  the  investigation  of cruelty  to  animals                                                              
complaints; relating  to the seizure  of animals; relating  to the                                                              
destruction  of animals;  relating to  a bond  or security  posted                                                              
for the  costs of care  for an animal;  relating to  the inclusion                                                              
of an  animal in  a protective  order and  the crimes  and arrests                                                              
for  violating   that  protective  order;  and  relating   to  the                                                              
ownership of an animal upon divorce or dissolution of marriage."                                                                
                                                                                                                                
     - MOVED CSHB 147(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 205                                                                                                              
"An Act relating  to conditions of release; relating  to community                                                              
work   service;  relating   to   credit  toward   a  sentence   of                                                              
imprisonment  for  certain persons  under  electronic  monitoring;                                                              
relating  to the  restoration under  certain  circumstances of  an                                                              
administratively  revoked driver's  license,  privilege to  drive,                                                              
or  privilege  to  obtain  a  license;  allowing  a  reduction  of                                                              
penalties  for offenders  successfully  completing court-  ordered                                                              
treatment  programs for  persons  convicted of  driving under  the                                                              
influence; relating  to termination of a revocation  of a driver's                                                              
license; relating  to restoration of a driver's  license; relating                                                              
to  credits  toward  a sentence  of  imprisonment,  to  good  time                                                              
deductions, and to  providing for earned good time  deductions for                                                              
prisoners;  relating   to  early  termination  of   probation  and                                                              
reduction of  probation for good  conduct; relating to  the rights                                                              
of  crime victims;  relating to  the  disqualification of  persons                                                              
convicted of  certain felony drug  offenses from  participation in                                                              
the  food stamp  and temporary  assistance  programs; relating  to                                                              
probation; relating  to mitigating factors; relating  to treatment                                                              
programs   for  prisoners;   relating   to  the   duties  of   the                                                              
commissioner  of corrections;  amending Rule  32, Alaska  Rules of                                                              
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 308                                                                                                                  
SHORT TITLE: CHILD SAFETY SEAT INSTALLATION LIABILITY                                                                           
SPONSOR(s): REPRESENTATIVE(s) MILLETT                                                                                           
                                                                                                                                
02/12/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/16       (H)       L&C, JUD                                                                                               
03/28/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/16       (H)       Moved HB 308 Out of Committee                                                                          
03/28/16       (H)       MINUTE (L&C)                                                                                           
03/29/16       (H)       L&C RPT 3DP 2NR                                                                                        
03/29/16       (H)       DP: HUGHES, TILTON, OLSON                                                                              
03/29/16       (H)       NR: JOSEPHSON, KITO                                                                                    
04/06/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 147                                                                                                                  
SHORT TITLE: ANIMALS: PROTECTION/RELEASE/CUSTODY                                                                                
SPONSOR(s): REPRESENTATIVE(s) VAZQUEZ                                                                                           
                                                                                                                                
03/16/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/16/15       (H)       JUD                                                                                                    
03/20/15       (H)       BILL REPRINTED (CORRECTED) 3/20/15                                                                     
03/25/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/25/15       (H)       <Bill Hearing Canceled>                                                                                
04/01/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/01/15       (H)       Heard & Held                                                                                           
04/01/15       (H)       MINUTE (JUD)                                                                                           
04/06/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/06/15       (H)       <Bill Hearing Canceled>                                                                                
04/07/15       (H)       JUD AT 1:30 PM CAPITOL 120                                                                             
04/07/15       (H)       <Bill Hearing Canceled>                                                                                
04/13/15       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/13/15       (H)       <Bill Hearing Canceled>                                                                                
02/01/16       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/16       (H)       Heard & Held                                                                                           
02/01/16       (H)       MINUTE (JUD)                                                                                           
02/10/16       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/10/16       (H)       -- MEETING CANCELED --                                                                                 
04/06/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 205                                                                                                                  
SHORT TITLE: CRIMINAL LAW/PROCEDURE;  DRIV LIC; PUB AID                                                                         
SPONSOR(s): REPRESENTATIVE(s) MILLETT                                                                                           
                                                                                                                                
04/17/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/15       (H)       JUD, FIN                                                                                               
03/11/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/11/16       (H)       -- MEETING CANCELED --                                                                                 
03/12/16       (H)       JUD AT 2:00 PM GRUENBERG 120                                                                           
03/12/16       (H)       -- MEETING CANCELED --                                                                                 
03/14/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/14/16       (H)       Heard & Held                                                                                           
03/14/16       (H)       MINUTE (JUD)                                                                                           
03/16/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/16/16       (H)       Heard & Held                                                                                           
03/16/16       (H)       MINUTE (JUD)                                                                                           
03/18/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/18/16       (H)       Heard & Held                                                                                           
03/18/16       (H)       MINUTE (JUD)                                                                                           
03/21/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/21/16       (H)       Heard & Held                                                                                           
03/21/16       (H)       MINUTE (JUD)                                                                                           
03/21/16       (H)       JUD AT 5:00 PM GRUENBERG 120                                                                           
03/21/16       (H)       Heard & Held                                                                                           
03/21/16       (H)       MINUTE (JUD)                                                                                           
03/22/16       (H)       JUD AT 5:00 PM GRUENBERG 120                                                                           
03/22/16       (H)       Heard & Held                                                                                           
03/22/16       (H)       MINUTE (JUD)                                                                                           
03/23/16       (H)       JUD AT 12:30 AM GRUENBERG 120                                                                          
03/23/16       (H)       -- MEETING CANCELED --                                                                                 
03/23/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/23/16       (H)       -- Continued from 3/22/16 --                                                                           
03/28/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/28/16       (H)       Heard & Held                                                                                           
03/28/16       (H)       MINUTE (JUD)                                                                                           
03/30/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/30/16       (H)       Heard & Held                                                                                           
03/30/16       (H)       MINUTE (JUD)                                                                                           
03/31/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/31/16       (H)       -- Will be Continued from 3/30/16 --                                                                   
04/04/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/04/16       (H)       Scheduled but Not Heard                                                                                
04/04/16       (H)       JUD AT 5:30 PM GRUENBERG 120                                                                           
04/04/16       (H)       -- MEETING CANCELED --                                                                                 
04/05/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/05/16       (H)       Scheduled but Not Heard                                                                                
04/05/16       (H)       JUD AT 5:00 PM GRUENBERG 120                                                                           
04/05/16       (H)       -- MEETING CANCELED --                                                                                 
04/06/16       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARIANNA CARPENETI, Assistant Attorney General                                                                                  
Civil Division                                                                                                                  
Torts and Workers' Compensation Section                                                                                         
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 308 answered a                                                                  
question.                                                                                                                       
                                                                                                                                
SARA PENISTEN, Registered Nurse                                                                                                 
Providence Alaska Medical Center                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 308 offered                                                                     
support.                                                                                                                        
                                                                                                                                
ANTHONY GREEN, Director of Public Policy                                                                                        
Safe Kids Worldwide                                                                                                             
Washington D.C.                                                                                                                 
POSITION STATEMENT:  During the hearing of HB 308 offered                                                                     
support.                                                                                                                        
                                                                                                                                
DAVID WALLACE, Engineer Paramedic                                                                                               
Anchorage Fire Department                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 308 offered                                                                     
support.                                                                                                                        
                                                                                                                                
DON ETHRIDGE                                                                                                                    
Alaska State AFL-CIO                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the  hearing  of  HB  308  offered                                                            
support.                                                                                                                        
                                                                                                                                
NICOLI BAILEY, Staff                                                                                                            
Former Representative Max Gruenberg                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Speaking as  staff, during  the hearing  of                                                            
CSHB 147  presented the  bill on  behalf of former  Representative                                                              
Max Gruenberg, co-sponsor.                                                                                                      
                                                                                                                                
LIZ VAZQUEZ                                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified during the hearing of  CSHB 14, as                                                            
co-sponsor.                                                                                                                     
                                                                                                                                
GRACE ABBOTT, Staff                                                                                                             
Representative Charisse Millett                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During the  hearing of  CSHB 205  discussed                                                            
various amendments and answered questions.                                                                                      
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency (PDA)                                                                                                    
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    During  the  hearing  of  HB  205  offered                                                            
testimony and answered questions.                                                                                               
                                                                                                                                
CHRISTY WILLER, Chief Operating Officer                                                                                         
Cook Inlet Tribal Council                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing of HB 205.                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:18:25M                                                                                                                      
                                                                                                                                
CHAIR  GABRIELLE  LEDOUX  called   the  House  Judiciary  Standing                                                            
Committee  meeting to  order at  1:18  p.m. Representatives  Lynn,                                                              
Millett, Keller,  and LeDoux  were present at  the call  to order.                                                              
Representatives Claman  and Kreiss-Tomkins arrived  as the meeting                                                              
was in progress.                                                                                                                
                                                                                                                                
        HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY                                                                     
                                                                                                                                
1:19:04 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOX  announced that the  first order of business  would be                                                              
HOUSE  BILL  NO.  308,  "An Act  relating  to  the  limitation  of                                                              
liability  for the inspection,  installation,  or adjustment  of a                                                              
child  safety  seat  or  in  providing   education  regarding  the                                                              
installation or adjustment of a child safety seat."                                                                             
                                                                                                                                
1:19:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT said  that HB  308 will  help save  lives,                                                              
make communities  safer for Alaskans,  and will allow  technicians                                                              
for  child passenger  safety  latitude to  install  car seats  and                                                              
teach  people how to  install car  seats without  liability.   She                                                              
offered that  these technicians  are fully  trained and  certified                                                              
through a  process.  Oftentimes,  she noted,  people go to  a fire                                                              
station or  a hospital  to have  their car  seat installed.   This                                                              
bill  is a  mechanism  for child  safety  technicians  to go  into                                                              
communities  that may  or  may not  have  fire  stations, and  the                                                              
opportunity to hold  free events to teach parents,  especially new                                                              
parents,  how to  install their  car  seats correctly.   The  bill                                                              
avoids  any  liability  when certified  technicians  volunteer  to                                                              
install  and  educate people  and,  she  noted,  the bill  has  no                                                              
opposition.   She pointed  out that  it is considerably  desirable                                                              
in rural  communities that do not  currently have car  seat safety                                                              
technicians because  it gives the  technicians the  opportunity to                                                              
teach the smaller communities.                                                                                                  
                                                                                                                                
1:21:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  noted that his conceptual  amendment is now                                                              
before the committee  and stated that he feels  confident with the                                                              
legislative  intent.   He  said,  "Our  departed friend  Max,  I'm                                                              
standing  in  for him  today  making  sure  that we  aren't  doing                                                              
something  that is  unintended."   He noted  that as  he read  the                                                              
bill  he thought  it  was a  limitation  of liability,  except  as                                                              
provided in subsection (b), which read:                                                                                         
                                                                                                                                
       (b) This section does not apply to a civil action                                                                        
              (1) for damages resulting from gross                                                                              
     negligence or willful or wanton misconduct; or                                                                             
           (2) where the inspection, installation, or                                                                           
       adjustment of a child safety seat, is performed in                                                                       
     conjunction with the for-profit sale of a child safety                                                                     
     seat.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER  suggested  there  was the  possibility  of                                                              
liability  to parents.   He  stated he  wants a  safeguard in  the                                                              
bill that  the legislature does  not, in any manner,  increase the                                                              
liability of a parent  taking care of their child.   Mistakes will                                                              
be made,  he opined,  and their  standards for  adjustment  may be                                                              
different  for  others, and  stressed  he  wants an  exemption  in                                                              
there for parents.   In the event  there is not an answer  he will                                                              
propose the conceptual amendment later, he said.                                                                                
                                                                                                                                
1:22:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLETT  noted   that  it   is  a  question   for                                                              
Legislative  Legal  and  Research   Services  because  it  is  not                                                              
something that  came up during  their research  on the bill.   She                                                              
agreed  there  could  be  a  situation  wherein  parents  are  co-                                                              
parenting  and one  parent has custody  and the  other parent  has                                                              
joint custody.                                                                                                                  
                                                                                                                                
1:23:14 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  asked Representative  Keller  whether he was  trying                                                              
to exempt parents from legal liability.                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER answered yes.                                                                                             
                                                                                                                                
CHAIR LEDOUX explained  that in reality, the  conceptual amendment                                                              
exempts  insurance  companies  from having  to  provide  coverage.                                                              
Due to  the manner in which  homeowner's insurance  policies work,                                                              
if  there  is  a  serious  accident  [with  the  child]  the  non-                                                              
negligent parent can  sue the other parent on behalf  of the child                                                              
and there  can be liability against  the other parent.   Although,                                                              
she  pointed out,  the  lawsuit wouldn't  even  be brought  unless                                                              
there  was insurance  coverage.   Therefore,  she explained,  this                                                              
amendment would  basically be  a boon  to the insurance  companies                                                              
and not  the injured child,  and not to  the parent who  would not                                                              
want  to  be exempted  because  they  would  want their  child  to                                                              
actually have the coverage.                                                                                                     
                                                                                                                                
1:24:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  adopt Conceptual Amendment  1, as                                                              
follows:                                                                                                                        
                                                                                                                                
     Page 2, Line 10                                                                                                            
                                                                                                                                
     DELETE                                                                                                                     
                                                                                                                                
     [and]                                                                                                                    
                                                                                                                                
     After "instructiors [sic]: INSERT                                                                                          
                                                                                                                                
     or                                                                                                                     
                                                                                                                                
     (D) is a parent, legal or authorized guardian; and                                                                     
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE   KELLER,    in   response   to    Chair   LeDoux's                                                              
explanation,  said he started  reading the  bill and thought  that                                                              
this   would  exempt   the   liability   of  people   [who   have]                                                              
successfully completed  a certification  course regarding  the use                                                              
of car seats.   He then posed the question, what  if someone tries                                                              
to use this  section of law to  hold someone liable and  there are                                                              
many  different  options.    He said  he  understands  that  Chair                                                              
LeDoux is saying  that one of the options here  is that Conceptual                                                              
Amendment  1  builds  a boon  for  insurance  companies  and  that                                                              
possibly  there  is  a  more  elegant  way  to  fix  the  problem.                                                              
Although, he  stressed the committee  needs to do something  to be                                                              
certain the  bill does  not increase  regulation and liability  on                                                              
parents at some level.                                                                                                          
                                                                                                                                
REPRESENTATIVE  MILLETT  reiterated  that  she should  speak  with                                                              
Legislative    Legal   and   Research    Services   because    her                                                              
understanding is  that this only  applies to people who  have been                                                              
trained and  have received  a certificate,  parents wouldn't  need                                                              
to be  covered under  this bill  unless they  are a certified  car                                                              
seat inspector.   She  then referred to  Chair LeDoux's  point and                                                              
said  she  is more  concerned  about  not  having them  under  the                                                              
homeowner's insurance.                                                                                                          
                                                                                                                                
1:27:18 PM                                                                                                                    
                                                                                                                                
MARIANNA CARPENETI,  Assistant Attorney  General, Civil  Division,                                                              
Torts and Workers'  Compensation Section, Department  of Law, said                                                              
she agrees  this is  a better question  for Legislative  Legal and                                                              
Research Services because  they are the people to  discuss how the                                                              
bill  might be  interpreted.    Representative Keller  is  correct                                                              
that parents are  not referenced, but she opined  that parents are                                                              
not envisioned  as implicated in the  operation of the  bill.  She                                                              
related that she  is hesitate to offer more because  she is unsure                                                              
what the drafter was thinking when drafting the bill.                                                                           
                                                                                                                                
1:28:53 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:28 to 1:33:42.                                                                             
                                                                                                                                
1:33:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER withdrew Conceptual Amendment 1.                                                                          
                                                                                                                                
CHAIR LEDOUX opened public testimony.                                                                                           
                                                                                                                                
1:34:48 PM                                                                                                                    
                                                                                                                                
SARA  PENISTEN,   Registered  Nurse,  Providence   Alaska  Medical                                                              
Center, advised  she is the coordinator  of the Kids  Alaska State                                                              
Coalition,  is a Child  Safety Instructor,  and has been  involved                                                              
in  child passenger  safety since  1998.   She  said she  strongly                                                              
urges the  committee's support  in that  currently Alaska  has 194                                                              
certified technicians  who hold a two-year certification  in child                                                              
passenger safety.   That certification is renewable  upon specific                                                              
requirements  set forth  by the  National  Child Passenger  Safety                                                              
Board,    the     National    Highway    Transportation     Safety                                                              
Administration,   and    the   Child   Passenger    Safety   (CPS)                                                              
Certification   program  which  is   administered  by   Safe  Kids                                                              
Worldwide.   She  advised  that the  Kids  Alaska State  Coalition                                                              
collects  data annually  through an  extremely structured  program                                                              
regarding car  seat misuse  on car seats  inspected in  Alaska and                                                              
offered  that a  lawsuit has  never  been brought  forth naming  a                                                              
child  passenger safety  technician.   However,  she related  they                                                              
are  hopeful  the legislature  will  pass  this legislation  as  a                                                              
layer  of protection,  and especially  encourage  people in  rural                                                              
areas  to  seek out  certification  for  people  that may  not  be                                                              
sponsored by  an agency that is  actively involved in the  care of                                                              
children  or in  their  transportation needs.    She advised  that                                                              
several people  have contacted  her with  interest over  the years                                                              
whose agencies  may not have that  same interest and due  to their                                                              
fear of liability  choose not to become certified  and; therefore,                                                              
cannot  serve their  community as  a  transportation resource  for                                                              
children.                                                                                                                       
                                                                                                                                
1:37:26 PM                                                                                                                    
                                                                                                                                
ANTHONY GREEN,  Director  of Public Policy,  Safe Kids  Worldwide,                                                              
advised that most  of the people acting as child  passenger safety                                                              
technicians  are volunteers who  go through  a rigorous  course to                                                              
become child  passenger safety technicians.   He pointed  out that                                                              
it  will  help  the  Alaska  program   if  candidates,  sponsoring                                                              
organizations, or  properties where events may take  place, can be                                                              
advised  they are  immune from  civil  liability.   Not only  have                                                              
there not  been any lawsuits brought  in Alaska, he is  unaware of                                                              
any  being brought  in the  entire  United States.   Although,  he                                                              
advised there was  an incident dealt with some years  ago that did                                                              
not resort  to litigation.   He offered  his appreciation  for the                                                              
committee's consideration of this bill.                                                                                         
                                                                                                                                
1:39:17 PM                                                                                                                    
                                                                                                                                
DAVID  WALLACE,  Engineer Paramedic,  Anchorage  Fire  Department,                                                              
advised  he  is an  Engineer  Paramedic  with the  Anchorage  Fire                                                              
Department  in   addition  to  being  a  child   passenger  safety                                                              
technician  instructor.     He   stated  that  while   working  in                                                              
communities  around Anchorage,  Southeast,  and  Kodiak Island,  a                                                              
concern  often expressed  is around  the level  of liability  that                                                              
technicians  and   the  agency  could   be  involved  in.     This                                                              
legislation would  help ease the concerns of  both the individuals                                                              
and agencies so  they will become a stronger  partner in providing                                                              
safe transportation for children, he opined.                                                                                    
                                                                                                                                
1:40:42 PM                                                                                                                    
                                                                                                                                
DON ETHRIDGE,  Alaska State AFL-CIO,  said they support  this bill                                                              
and explained  that many members  of the Alaska State  AFL-CIO are                                                              
fire  fighters, police  department  employees,  and many  hospital                                                              
nurses who volunteer  their own time to offer trainings.   He said                                                              
this  bill is  viewed  as an  additional  step  in protecting  the                                                              
volunteers while caring for the public.                                                                                         
                                                                                                                                
CHAIR LEDOUX,  after ascertaining  that no  one further  wished to                                                              
testify, closed public testimony.                                                                                               
                                                                                                                                
1:41:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to   report  HB  308,  Version  29-                                                              
LS1323\A  out of  committee  with individual  recommendations  and                                                              
the accompanying fiscal  notes.  There being no  objection, HB 308                                                              
passed out of the House Judiciary Standing Committee.                                                                           
1:42:40 PM                                                                                                                    
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                              
           HB 147-ANIMALS: PROTECTION/RELEASE/CUSTODY                                                                       
                                                                                                                                
1:42:43 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  announced that the  next order of business  would be                                                              
HOUSE  BILL NO.  147, "An  Act relating  to  the investigation  of                                                              
cruelty  to  animals  complaints;   relating  to  the  seizure  of                                                              
animals; relating  to the  destruction of  animals; relating  to a                                                              
bond  or security  posted for  the costs  of care  for an  animal;                                                              
relating to the  inclusion of an animal in a protective  order and                                                              
the crimes  and arrests for  violating that protective  order; and                                                              
relating  to   the  ownership  of   an  animal  upon   divorce  or                                                              
dissolution of marriage."                                                                                                       
                                                                                                                                
1:45:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to  adopt  CSHB  147,  Version  29-                                                              
LS0302\C, Wallace,  4/4/16, as the working document.   There being                                                              
no objection, Version C was before the committee.                                                                               
                                                                                                                                
1:45:43 PM                                                                                                                    
                                                                                                                                
NICOLI  BAILEY,   Staff,  Former  Representative   Max  Gruenberg,                                                              
Alaska State Legislature, was available to present the bill.                                                                    
                                                                                                                                
1:45:58 PM                                                                                                                    
                                                                                                                                
LIZ VAZQUEZ,  Alaska State  Legislature,  was available to  answer                                                              
questions.                                                                                                                      
                                                                                                                                
1:46:29 PM                                                                                                                    
                                                                                                                                
MS. BAILEY  referred to  the 4/6/16  Memorandum directed  to Chair                                                              
LeDoux  from Megan  Wallace,  noting  several changes,  and  asked                                                              
whether the  committee would  like her to  read the  document into                                                              
the record.   She said, "As my  former boss was often  want to do,                                                              
and Representative  Vazquez  was part of  it, we  did quite  a few                                                              
incarnations of  this bill.   And when  he passed there  were five                                                              
amendments  that he was  going to  add to the  bill and  they have                                                              
now been incorporated in this new CS, from what I understand."                                                                  
                                                                                                                                
CHAIR LEDOUX  pointed out the explanation  of changes is  in front                                                              
of  the committee  and she  did not  believe it  was necessary  to                                                              
read it into the record.                                                                                                        
                                                                                                                                
1:47:53 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:47 to 1:48 p.m.                                                                            
                                                                                                                                
1:49:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  offered, "That  while this has  been named                                                              
the  'pet bill'  for  the  record it  was  the passion  of  former                                                              
Representative  Gruenberg."    She   pointed  to  "serious  fiscal                                                              
issues  that this  bill brings  forth," including:  correspondence                                                              
from  the  Municipality  of Anchorage  advising  that  its  animal                                                              
control spent over  $100,000 during the years 2009-2011  in caring                                                              
for  animals seized  due  to neglect  or  cruelty.   The  domestic                                                              
violence  provisions   and  divorce  and  dissolution   provisions                                                              
provide  judges  with tools  that  will avoid  lengthy  litigation                                                              
among the  parties, will save time  and money for  private parties                                                              
litigating, and for the Alaska Court System.                                                                                    
                                                                                                                                
1:50:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to  report CSHB  147,  Version  29-                                                              
LS0302\C,  Wallace,  4/4/16,  out  of  committee  with  individual                                                              
recommendations  and the accompanying  fiscal notes.   There being                                                              
no  objection, CSHB  147(JUD) passed  out of  the House  Judiciary                                                              
Standing Committee.                                                                                                             
                                                                                                                                
1:50:59 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:50 to 1:55 p.m.                                                                            
                                                                                                                                
        HB 205-CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID                                                                    
                                                                                                                                
1:55:12 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX announced  that the final order of  business would be                                                              
HOUSE BILL  NO. 205,  "An Act relating  to conditions  of release;                                                              
relating to  community work service;  relating to credit  toward a                                                              
sentence  of imprisonment  for  certain persons  under  electronic                                                              
monitoring;   relating   to   the    restoration   under   certain                                                              
circumstances  of an  administratively  revoked driver's  license,                                                              
privilege to drive,  or privilege to obtain a  license; allowing a                                                              
reduction  of  penalties  for  offenders  successfully  completing                                                              
court-  ordered  treatment  programs   for  persons  convicted  of                                                              
driving  under  the  influence;   relating  to  termination  of  a                                                              
revocation  of a driver's  license; relating  to restoration  of a                                                              
driver's  license;  relating  to  credits  toward  a  sentence  of                                                              
imprisonment,  to  good  time deductions,  and  to  providing  for                                                              
earned  good time  deductions  for  prisoners; relating  to  early                                                              
termination  of  probation and  reduction  of probation  for  good                                                              
conduct;  relating to  the rights  of crime  victims; relating  to                                                              
the disqualification  of persons convicted of certain  felony drug                                                              
offenses  from  participation  in  the food  stamp  and  temporary                                                              
assistance   programs;   relating   to  probation;   relating   to                                                              
mitigating   factors;   relating   to   treatment   programs   for                                                              
prisoners;  relating   to  the  duties  of  the   commissioner  of                                                              
corrections;   amending  Rule   32,  Alaska   Rules  of   Criminal                                                              
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
[Before  the House  Judiciary  Standing  Committee  was CSHB  205,                                                              
labeled 29-LS0896\H, adopted 3/14/16.]                                                                                          
                                                                                                                                
[Due  to  their  length,  some  amendments  discussed  or  adopted                                                              
during the  meeting are located at  the end of the minutes  for HB                                                              
205.  Shorter amendments are included within the main text.]                                                                    
                                                                                                                                
1:55:34 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  advised  she  will attempt  a  less  formal  albeit                                                              
substantive  discussion  with  each amendment  unless  it  becomes                                                              
necessary  to return  to  a formal  substantive  discussion.   She                                                              
advised that the committee has 29 amendment to consider.                                                                        
                                                                                                                                
1:56:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  1, Version  29-                                                              
LS0896\H.20,  Martin/Gardner, 3/29/16,  which  read: [Amendment  1                                                              
is provided at the end of the minutes of HB 205.]                                                                               
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
1:56:57 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:56 to 1:59 p.m.                                                                            
                                                                                                                                
1:59:35 PM                                                                                                                    
                                                                                                                                
GRACE  ABBOTT,  Staff,  Representative  Charisse  Millett,  Alaska                                                              
State   Legislature,  advised   that  Amendment   1  follows   the                                                              
committee's  discussion  regarding the  120-day  cap for  pretrial                                                              
electronic  monitoring.   As the  bill is  currently written,  she                                                              
explained,  a  person  awaiting  trial  on  electronic  monitoring                                                              
would  only  be allowed  to  apply  120-days spent  on  electronic                                                              
monitoring  toward their  sentence.  However,  it was  recommended                                                              
that this cap be  deleted from the bill because the  data from the                                                              
Alaska Criminal Justice  Commission reveals that any  day spent in                                                              
jail  worsens a  person's  outcomes post-sentencing.    Therefore,                                                              
[deleting]   the  120-day   limit   would   allow  someone   using                                                              
electronic  monitoring  to  begin   their  rehabilitation  process                                                              
while  still  being  confined  and  apply  that  [time]  to  their                                                              
sentence,  which  would  result  in  less  time  building  on  the                                                              
criminogenic aspects of actual prison time.                                                                                     
                                                                                                                                
2:01:19 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX asked  whether  the committee  is  repealing a  bill                                                              
passed last year if it does not adopt Amendment 1.                                                                              
                                                                                                                                
MS.  ABBOTT advised  that the  amendment would  add sideboards  to                                                              
the bill passed last  year because that bill did not  add a cap to                                                              
the amount of  time electronic monitoring could  be applied toward                                                              
a  sentence.    Currently,  HB  205 caps  at  120  days,  and  she                                                              
described it as an amendment to the bill passed last year.                                                                      
                                                                                                                                
CHAIR  LEDOUX commented  that  it would  be  a fairly  substantial                                                              
one.                                                                                                                            
                                                                                                                                
MS. ABBOTT agreed.                                                                                                              
                                                                                                                                
2:02:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CLAMAN   commented,    "This   amendment   that's                                                              
essentially withdrawing  the amendment  represented by  the bill."                                                              
He said  he supports staying with  last year's action  because the                                                              
new law has barely had time to determine whether it works.                                                                      
                                                                                                                                
CHAIR LEDOUX agreed.                                                                                                            
                                                                                                                                
CHAIR  LEDOUX withdrew  her  objection.   There  being no  further                                                              
objection Amendment 1 was adopted.                                                                                              
                                                                                                                                
2:03:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  2, Version  29-                                                              
LS0896\H.14,  Martin/Gardner, 3/25/16,  which  read: [Amendment  2                                                              
is provided at the end of the minutes of HB 205.]                                                                               
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:03:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLETT   explained   that   the   amendment   is                                                              
reinvestment   language   and  puts   forward   the   reinvestment                                                              
opportunities  added to  the bill  and  incorporates the  public's                                                              
involvement.   She said  she would  like the  public to  know that                                                              
many  amendments were  driven by  participation  from victims  and                                                              
the  public  offering  input.   In  going  through  the  amendment                                                              
process  they did  try to  incorporate  substantial changes  while                                                              
taking into consideration  testimonies of the public.   She stated                                                              
this was  crucial in making this  bill something of value  and not                                                              
dishonoring victims of a crime.                                                                                                 
                                                                                                                                
CHAIR  LEDOUX  said she  likes  this  language  but is  trying  to                                                              
understand how the  legislature can be certain that  this year and                                                              
years into  the future there will  be real money  supporting these                                                              
programs.   She  pointed out  that, although,  the bill  discusses                                                              
programs,  how  can  the House  Judiciary  Standing  Committee  be                                                              
certain that at the  end of the day, next year  and years into the                                                              
future,  there   will  be  actual   dollars  to   implement  these                                                              
programs.  She  questioned how the committee can  be certain these                                                              
programs are not simply skeletal.                                                                                               
                                                                                                                                
2:06:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  responded  that  the  question  has  been                                                              
heard  throughout committee  hearings  and  the public's  concerns                                                              
that "we're  going to do  these changes  in our criminal  code and                                                              
what  is the  benefit  if we  do have,  I  think, one  anticipated                                                              
1,400 less  people incarcerated and  that would be a  cost savings                                                              
to the State  of Alaska and would  that money roll back  in."  She                                                              
opined  that when  prisoners  are  released and  don't  recidivate                                                              
that is  a cost  saving measure,  but the only  way they  will not                                                              
return to  prison is  if the  state has  those programs  in place.                                                              
Consequently, the  state will not see the benefit  of reinvestment                                                              
if it doesn't  reinvest; therefore, the hook is  that the programs                                                              
must be in  place.  She offered  that for the betterment  of safer                                                              
communities, those  investments are assured  by the fact  that the                                                              
state is letting  people out of jail that can  assimilate into the                                                              
communities  and not  return  to jail.    Data driven  information                                                              
shows that reinvestment  has worked in other states,  and "I think                                                              
Corrections,   the   governor's   bought   into  this,   I   think                                                              
Corrections has  bought into this, the  court system, the  law.  I                                                              
think  the  legislature   is  moving  towards  buying   into  that                                                              
theory."  She said  she has pondered where to put  the hook in the                                                              
bill where they have  to reinvest, and noted it will  be up to the                                                              
legislature  and all  of the  parties  supporting this  throughout                                                              
government  to make  sure reinvestment  happens and  that that  is                                                              
the only way this bill works.                                                                                                   
                                                                                                                                
2:08:21 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  expressed that,  clearly, she is  aware that  is the                                                              
only way  the bill works.   She related  that during  this session                                                              
of the legislature  she is fairly comfortable there  will be money                                                              
to  support the  reinvestment  pieces essential  to  the bill,  if                                                              
this bill  passes.   She stressed that  legislatures come  and go,                                                              
governors come  and governors go,  and asked whether there  is not                                                              
a way to make sure that ...                                                                                                     
                                                                                                                                
2:09:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   interjected  that  this   is  an  ongoing                                                              
process and  he agreed it will  be difficult to  determine exactly                                                              
what will  save money and what  will not, but for  the committee's                                                              
judgment sake  in moving forward, this  is a work in  progress and                                                              
it will  take the [efforts  of the]  legislature and  all parties.                                                              
There  is still  an indicator  out  there that  the committee  can                                                              
work with  even if  it can't come  up with  exact numbers  of what                                                              
should be  spent where.  He  related that the committee  will have                                                              
to press  on and  collaborate to  make progress, and  acknowledged                                                              
that to  totally reinvest every  dollar saved is  wishful thinking                                                              
even in real life as it is nebulous moving targets.                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT added  there will  be continued  oversight                                                              
through  the  Alaska  Criminal  Justice  Commission  and  it  will                                                              
report  back yearly  on the  status of  the programs,  recidivism,                                                              
and reinvestment  portion.   The legislature  can then  review the                                                              
baseline  and determine how  reinvestment  is working and  whether                                                              
the state  is meeting  the missions and  measures compared  to the                                                              
data shown that this will work and work well.                                                                                   
                                                                                                                                
2:11:48 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  removed her  objection.    There being  no  further                                                              
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
2:11:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  3, Version  29-                                                              
LS0896\H.51, Gardner, 3/31/16, which read:                                                                                      
                                                                                                                                
     Page 23, line 2:                                                                                                           
          Delete "sexual offense"                                                                                           
          Insert "sex offense"                                                                                              
                                                                                                                                
     Page 23, line 8:                                                                                                           
          Delete ""sexual offense""                                                                                         
          Insert ""sex offense""                                                                                            
                                                                                                                                
     Page 23, line 9:                                                                                                           
          Delete "AS 11.41.410 - 11.41.470"                                                                                 
          Insert "AS 12.63.100"                                                                                             
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:12:17 PM                                                                                                                    
                                                                                                                                
MS. ABBOTT  offered that the Department  of Law (DOL)  pointed out                                                              
there  was  an inconsistency  in  the  use  of  sex offense  as  a                                                              
definition  in the bill.   She referred  to page  23, lines  2, 8,                                                              
and  9,  which  discusses  citation  versus  arrest,  and  said  a                                                              
drafting error used  a more limited definition  of sexual offense.                                                              
The Department  of Law  pointed out that  the intent  was probably                                                              
to use  the broader  definition of sex  offense and  the amendment                                                              
captures  a  broader category  of  what  is  considered to  be  an                                                              
actual sex offense, she explained.                                                                                              
                                                                                                                                
2:13:08 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  removed her  objection.    There being  no  further                                                              
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
2:13:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  4, Version  29-                                                              
LS0896\H.21, Martin/Gardner, 3/29/16, which read:                                                                               
                                                                                                                                
     Page 40, lines 3 - 6:                                                                                                      
          Delete all material and insert:                                                                                       
               "(1) 10 [25] years for a [FELONY] sex                                                                        
     offense; [OR]                                                                                                              
               (2) five years for an unclassified felony                                                                    
     under AS 11 that is not a sex offense;                                                                                 
               (3) three [10] years for a felony [ANY                                                                   
        OTHER] offense not listed in (1) or (2) of this                                                                     
     subsection;"                                                                                                           
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 42, following line 1:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(n) In this section, "sex offense" has the                                                                           
     meaning given in AS 12.63.100."                                                                                            
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:13:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  said that  amendment  relates to  maximum                                                              
probation for sex offenders.                                                                                                    
                                                                                                                                
MS.  ABBOTT  explained  that the  amendment  changes  the  maximum                                                              
probation  terms  that were  recommended  by the  Alaska  Criminal                                                              
Justice Commission.   The commission  recommendation was  based on                                                              
data showing that  people were most likely to  violate their terms                                                              
of  release  within  the  first   few  months  of  release.    The                                                              
commission  recommended that  probation terms  be shortened  so as                                                              
to  frontload  resources  to people  recently  released  and  most                                                              
likely  to violate  their conditions  of release.   By  shortening                                                              
some  of these  terms  it would  limit supervision  the  probation                                                              
officers have  over some  offenders, she said.   She  related that                                                              
Laura Brooks,  Department of  Correction explained the  difference                                                              
between  regular probation  and the  terms of  probation many  sex                                                              
offenders  have.    Ms. Brooks  spoke  specifically  about  making                                                              
polygraph  testing compulsory  in  the release  of sex  offenders,                                                              
and how it assisted  with the containment model  of sex offenders.                                                              
It  was then  decided  there  could  be positive  implications  in                                                              
adding to  the length  of probation a  sex offender  would receive                                                              
upon their  release.  Thereby,  building on the  containment model                                                              
and  allowing  DOC   to  continue  to  oversee   and  contain  sex                                                              
offenders.   A portion of the  containment model includes  many of                                                              
the tools  in place,  such as  the sex  offender registry,  and it                                                              
ensures  that people  begin  to restrict  themselves  as to  where                                                              
they  go,  where they  live,  and  what  they  live around.    She                                                              
explained that extension  of their probation terms  assists within                                                              
their specific probation.                                                                                                       
                                                                                                                                
2:16:07 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX advised that in current law it is 25-years.                                                                        
                                                                                                                                
MS. ABBOTT agreed.                                                                                                              
                                                                                                                                
CHAIR  LEDOUX referred  to  the  committee substitute  before  the                                                              
committee  and  noted  it  is  five   years,  and  this  amendment                                                              
increases  that number  to ten  years  of probation.   Within  the                                                              
committee  substitute there  isn't  any time  for an  unclassified                                                              
felony under  AS 11 that is not  a sex offense.  She  asked for an                                                              
explanation regarding  unclassified felonies under AS  11 that are                                                              
not a sex offense.                                                                                                              
                                                                                                                                
MS. ABBOTT  said an  example of  an unclassified  felony would  be                                                              
murder.                                                                                                                         
                                                                                                                                
CHAIR  LEDOUX  surmised  there  is five  years  of  probation  for                                                              
murder  and, yet,  ten years  for a sex  offense.   She asked  why                                                              
there shouldn't be  as much time for murder as for  a sex offense,                                                              
and stressed  that sex offenses  are enormously bad, but  if there                                                              
is anything worse she guessed it would be murder.                                                                               
                                                                                                                                
MS. ABBOTT  offered that the accommodation  for a sex  offense was                                                              
not necessarily  based upon the  gravity of the crime,  but rather                                                              
for  these specific  requirements  and containment  model for  sex                                                              
offenders.   She  said she  is unaware  of  any special  probation                                                              
terms  someone   who  committed   an  unclassified   felony  would                                                              
receive,  and  she  deferred  to  one  of  the  experts  from  the                                                              
departments.  However,  she added the exception  for sex offenders                                                              
was  to attempt  to accommodate  the  polygraphing, for  instance,                                                              
that a sex offender would receive while on probation.                                                                           
                                                                                                                                
2:18:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN   commented  that  one  of   the  practical                                                              
realities  is that  the  average sentences  for  first and  second                                                              
degree murder  are usually  considerably  longer than the  average                                                              
sentences for  sex offenses.   Therefore,  sex offenders  are more                                                              
likely  to   be  back   in  the   community  on  supervision   and                                                              
consequently   there  is   an  interest   in  having  the   longer                                                              
supervision  on sex offenders.   Whereas,  the person  who commits                                                              
first degree  murder never  gets out of  prison and to  the extent                                                              
they do, they are  likely to be on stringent  conditions of parole                                                              
that would  go far longer  than the conditions  on probation.   He                                                              
opined that  part of the reason  there is not as much  concern for                                                              
the unclassified felonies  that are not sex offenses  is that they                                                              
are likely on supervision under other terms.                                                                                    
                                                                                                                                
2:19:31 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  said that makes sense.   She then referred  to [page                                                              
1, lines 6-7 of the amendment] subsection (3), which read:                                                                      
                                                                                                                                
             (3) three [10] years for a felony [ANY                                                                     
        OTHER] offense not listed in (1) or (2) of this                                                                     
     subsection;                                                                                                            
                                                                                                                                
CHAIR LEDOUX asked  how subsection (3) changes  things from either                                                              
current  law   or  from  the   committee  substitute   before  the                                                              
committee.                                                                                                                      
                                                                                                                                
MS. ABBOTT offered  that subsection (3) refers  to felony offenses                                                              
that  are  not  listed  in  subsections  (1) or  (2).    She  then                                                              
referred to [Sec.  69, AS 12.55.090(c)(1)], page 40,  lines 3-6 of                                                              
the bill, which read:                                                                                                           
                                                                                                                                
            (1) five [25] years for an unclassified                                                                     
     felony under AS 11 or a felony sex offenses; [OR]                                                                      
                                                                                                                                
             (2) three [10] years for a felony [ANY                                                                     
     OTHER] offense not listed in (1) of this subsection;                                                                   
                                                                                                                                
                                                                                                                                
MS. ABBOTT  stated that  under current  law the maximum  probation                                                              
term for  those offenses  is ten-years,  and within the  committee                                                              
substitute  before  the committee  is  set  to three-years.    She                                                              
reiterated that  along the lines  of the recommendation,  the best                                                              
use of  probation resources is at  the beginning of  the probation                                                              
term, as opposed  to the end when people are more  likely to abide                                                              
by the conditions of their release.                                                                                             
                                                                                                                                
CHAIR  LEDOUX remarked  that  this  doesn't really  change  things                                                              
much from  the committee substitute  other than adding  subsection                                                              
(2)  into the  amendment and,  consequently, the  need to  include                                                              
subsection  (3).   She  noted that  she  saw  someone nodding  and                                                              
concluded that she must be correct.                                                                                             
                                                                                                                                
CHAIR  LEDOUX  removed her  objection.    There being  no  further                                                              
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
2:21:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  5, Version  29-                                                              
LS0896\H.22, Martin/Gardner, 3/29/16, which read:                                                                               
                                                                                                                                
     Page 82, line 2:                                                                                                           
          Delete "in a treatment program or [,]"                                                                            
          Insert "[IN A TREATMENT PROGRAM,]"                                                                                    
                                                                                                                                
     Page 82, line 4, following "monitoring":                                                                                   
          Insert "or in a treatment program"                                                                                
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:21:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  advised  that  the  amendment  is  credit                                                              
toward good time served in treatment.                                                                                           
                                                                                                                                
MS.  ABBOTT  explained  that  the  amendment  follows  a  line  of                                                              
discussion  within   this  committee   with  regard   to  allowing                                                              
[credit]  to  people  serving  a  portion  of  their  sentence  on                                                              
Department of  Corrections (DOC)  electronic monitoring,  and that                                                              
the  term   is  eligible  to   be  applied  toward   the  person's                                                              
incarcerated  good  time.   Therefore,  time spent  on  electronic                                                              
monitoring  would be counted  as time  spent incarcerated  or time                                                              
served  to allow  for the  one-third deduction  that many  receive                                                              
for good  time.  Based  upon the drafting  of the bill,  she said,                                                              
the committee previously  discussed that it was  strange to simply                                                              
carve  out  electronic monitoring  and  not  also carve  out  time                                                              
spent  in  the   Department  of  Corrections   mandated  treatment                                                              
programs.   The  amendment  allows for  the  treatment portion  as                                                              
well  as electronic  monitoring to  be applied  toward good  time.                                                              
She clarified  that while the  committee previously  discussed the                                                              
application  of pretrial electronic  monitoring, this  [amendment]                                                              
is once someone has been sentenced.                                                                                             
                                                                                                                                
CHAIR  LEDOUX  removed her  objection.    There being  no  further                                                              
objection, Amendment 5 was adopted.                                                                                             
                                                                                                                                
2:23:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT moved  to adopt Amendment  6, Version  29-                                                              
LS0896\H.37, Gardner, 3/30/16, which read:                                                                                      
                                                                                                                                
     Page 46, line 8, following "victim":                                                                                       
          Insert "(i)"                                                                                                      
                                                                                                                                
     Page 46, following line 9:                                                                                                 
     Insert a new sub-subparagraph to read:                                                                                     
               "(ii) was 16 years of age or older, one to                                                                   
     three years;"                                                                                                          
                                                                                                                                
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:23:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  advised   that  this  amendment  was  the                                                              
result  of  discussions  within the  committee  and  conversations                                                              
with victims dealing with negligent homicide and sentencing.                                                                    
                                                                                                                                
MS. ABBOTT advised  there two carve outs, one  in existing statute                                                              
and  one   suggested  within   this  amendment  specifically   for                                                              
negligent homicide.   Currently, negligent  homicide is a  class B                                                              
felony  and the  Alaska  Criminal Justice  Commission  recommended                                                              
that  the presumptive  sentencing range  for class  B felonies  be                                                              
zero to  two years.   Under current statute,  the exception  is if                                                              
the victim  is under  16-years of  age the  presumptive range  for                                                              
negligent homicide  is two to four  years.  The intent  was to add                                                              
an additional  carve out for  negligent homicide for  victims over                                                              
16-years  of age;  therefore,  a second  category  was created  on                                                              
page 1, line 6 of the amendment, which read:                                                                                    
                                                                                                                                
               (ii) was 16 years of age or older,                                                                           
     one to three years;                                                                                                    
                                                                                                                                
MS. ABBOTT  said negligent homicide  would be a presumptive  range                                                              
of one  to three  years if the  victim is  older than  16-years of                                                              
age, and  preserving  the two to  four year  presumptive range  if                                                              
the victim is under 16-years of age.                                                                                            
                                                                                                                                
CHAIR LEDOUX  asked whether this  would be a more  severe sentence                                                              
than under current law.                                                                                                         
                                                                                                                                
MS. ABBOTT  answered that this  preserves the current  presumptive                                                              
range for class B felonies.                                                                                                     
                                                                                                                                
REPRESENTATIVE  MILLETT added  that it  started at  zero and  this                                                              
preserves  the  current statute  for  the  under 16-years  of  age                                                              
portion.                                                                                                                        
                                                                                                                                
2:25:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN said, "I  think what  we're doing  is under                                                              
the -- for negligent  homicide, for somebody that  killed an adult                                                              
and was  convicted of  negligent homicide, the  one to  three year                                                              
presumptive  range   is  that  presumptive  range   for  negligent                                                              
homicide  today.    But,  for  class   B  felonies  that  are  not                                                              
negligent  homicide, and I  don't want  to try  to list  them, the                                                              
presumptive  term  would  be  zero  to  two  consistent  with  the                                                              
recommendations  of  the  commission."     Negligent  homicide  is                                                              
staying the same as current law, he said.                                                                                       
                                                                                                                                
2:26:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS  asked   approximately  how   many                                                              
people are charged  with this class of negligent  homicide because                                                              
it  is helpful  to  have  a sense  of  scale  of how  many  people                                                              
annually would be affected by this.                                                                                             
                                                                                                                                
MS. ABBOTT  remarked that off  the top of  her head she  could not                                                              
say  the  number  of people  sentenced  with  negligent  homicide.                                                              
Although,  she advised,  some  of  the data  has  shown that  most                                                              
people sentenced  with negligent  homicide receive the  higher end                                                              
of  the  presumptive  range  and  most are  able  to  escape  that                                                              
presumptive range  in the case of  an aggravator.   Therefore, she                                                              
said,  the  vast  majority  of   people  sentenced  for  negligent                                                              
homicide  actually   do  receive  punishments  greater   than  the                                                              
presumptive range.                                                                                                              
                                                                                                                                
CHAIR  LEDOUX  removed her  objection.    There being  no  further                                                              
objection, Amendment 6 was adopted.                                                                                             
                                                                                                                                
2:27:18 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX moved  to adopt Amendment 7,  Version 29-LS0896\H.34,                                                              
Martin/Gardner,  3/30/16,  which read:  [Amendment  7 provided  at                                                              
the end of the minutes of HB 205.]                                                                                              
                                                                                                                                
REPRESENTATIVE MILLETT objected for discussion purposes.                                                                        
                                                                                                                                
2:27:37 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX explained  that Amendment 7 basically  clarifies that                                                              
someone cannot  be prosecuted for  sex trafficking  of themselves.                                                              
She said  she was  approached by  people representing  sex workers                                                              
who  advised  her  that  this  actually   happened  in  Fairbanks.                                                              
Initially,  she   offered,  she  was  skeptical   because  it  was                                                              
ludicrous that anyone  could actually be charged  with trafficking                                                              
of themselves.   But, she related,  there was actually  a case and                                                              
although  she had  been  told it  was  a mistake,  this  amendment                                                              
ensures that no mistakes like this happen again.                                                                                
                                                                                                                                
2:28:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  asked  whether  Amendment 7  is  similar  to                                                              
Amendment 8.                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  pointed  out that  Amendment  8  is  Representative                                                              
Lynn's amendment.   She opined that his amendment  shields someone                                                              
from prosecution  who reports  someone else  for sex  trafficking.                                                              
She  offered  that  both  amendments protect  the  same  group  of                                                              
people but yet there are distinct and separate issues.                                                                          
                                                                                                                                
CHAIR  LEDOUX, in  response to  Representative  Lynn, stated  that                                                              
one amendment does not negate the other.                                                                                        
                                                                                                                                
REPRESENTATIVE  MILLETT removed  her  objection.   There being  no                                                              
further objection, Amendment 7 was adopted.                                                                                     
                                                                                                                                
2:30:01 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:30 to 2:35 p.m.                                                                            
                                                                                                                                
2:35:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  moved  to  adopt Amendment  8,  Version  29-                                                              
LS0896/H.19,  Martin/Gardner, 3/25/16,  which  read: [Amendment  8                                                              
provided at the end of the minutes of HB 205.]                                                                                  
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:35:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  said  that  this  amendment  is  similar  to                                                              
Senator Lesil  McGuire's amendment to  the senate version  of this                                                              
bill.  He noted  that it is aimed at protecting  sex workers, such                                                              
as prostitutes who,  in good faith, report to  law enforcement any                                                              
of  the 1-21  types of  violent  crimes listed  on the  amendment.                                                              
Thereby, preventing  sex workers  from being charged  with certain                                                              
types  of misdemeanors,  such  as  prostitution,  as a  result  of                                                              
making a  good faith  report.  He  pointed out  it does  not offer                                                              
immunity for  other crimes  or from  future acts of  prostitution.                                                              
He described the  amendment as a common sense  step toward getting                                                              
actual  and proper  information  to  the police  without  unjustly                                                              
charging the reporter of the crime.                                                                                             
                                                                                                                                
2:36:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE     KELLER     called      attention     to     [AS                                                              
11.66.100(e)(1)(H)] subsection  (H), page 1, line  14 of Amendment                                                              
8, which read:                                                                                                                  
                                                                                                                                
           (H) assault in the fourth degree under AS                                                                            
     11.41.230;                                                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER  asked  whether   the  intent  is  to  stop                                                              
prosecution  of prostitution  when  there is  a  report of  sexual                                                              
assault in the fourth  degree.  He read the definition,  "by words                                                              
or other conduct  that person recklessly places  another person in                                                              
fear of  imminent physical  injury," which appears  to be  an easy                                                              
thing  to report.    He  added that  he  likes the  amendment  but                                                              
subsection (H) offers the possibility of becoming a tool.                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN  asked  for  assistance with  regard  to  the                                                              
definition  and   asked  whether  a  person  saying   "BOO"  to  a                                                              
prostitute "would cause them not to prosecute him?"                                                                             
                                                                                                                                
REPRESENTATIVE KELLER  related that that  was the question  he was                                                              
asking Representative Lynn.                                                                                                     
                                                                                                                                
2:38:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN opined  that  the intent  is  to provide  a                                                              
degree  of  safety  to  sex  workers   who  feel  they  have  been                                                              
assaulted and  do not report  the assault  for fear of  arrest for                                                              
prostitution.  He  pointed out that there is  substantial evidence                                                              
about physical  and sexual abuse  that occurs to sex  workers, and                                                              
[the definition]  of fourth degree  assault is putting  someone in                                                              
fear  and not  actually injuring  them.   He offered  that he  has                                                              
read reports  of people who are  never physically injured  but are                                                              
threatened   by  pimps,   and  others   trying   to  control   the                                                              
prostitutes,  by actually  placing them  in fear.   He added  that                                                              
this  is a  significant  area  in which  the  state  is trying  to                                                              
provide  protection   to  sex  workers  because   pimps  can  tell                                                              
prostitutes  the   pimp  will  never   be  arrested   because  the                                                              
prostitute has  no injuries, and  the prostitute will  be arrested                                                              
because the police will not believe her.                                                                                        
                                                                                                                                
REPRESENTATIVE  LYNN  said  that  in  addition  to  Representative                                                              
Claman's  testimony, offered  scenarios  of,  "Johns" showing  the                                                              
prostitute pictures  of child pornography  or someone  bringing an                                                              
11 or 12-year old  girl into the room and, rather  than the "John"                                                              
being  arrested, if  the prostitute  reports  those activities  in                                                              
good faith,  the prostitute  could be  arrested.  The  seriousness                                                              
must be  examined of what  goes in some  of these situations,  and                                                              
the state  needs to  protect the general  public and  sometimes in                                                              
order  to make  that happen  the  reporter must  be protected,  he                                                              
stressed.                                                                                                                       
                                                                                                                                
2:40:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  agreed, and  he  also stressed  that  this                                                              
amendment  does  not  legalize  prostitution.    He  reminded  the                                                              
committee that as  a general concept, prostitutes  usually are not                                                              
anxious to visit their local law enforcement office.                                                                            
                                                                                                                                
2:41:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to adopt Amendment 1  to Amendment 8,                                                              
such that  the language  on Amendment  8, page  1, line  14, would                                                              
read, "(H) assault  in the fourth degree under  AS 11.41.230(a)(1)                                                              
and (a)(2)."   He expressed  concern that  a door is  being opened                                                              
for an  abuse as to  what is intended,  and suggested  solving the                                                              
problem  by deleting  [AS 11.41.230(a)(3)],  which  read: "(3)  by                                                              
words  or other  conduct  that  person recklessly  places  another                                                              
person in fear of imminent physical injury."                                                                                    
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:42:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN asked Representative  Keller to  explain what                                                              
he is attempting to remove.                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER  related that  he foresees a  situation with                                                              
prostitution  wherein  it  becomes  the  norm  or  the  excuse  is                                                              
"somebody said BOO,"  and; therefore, there is  no consequence for                                                              
prostitution.  He  asked whether "this legalizes what  it means in                                                              
there for legalizing  prostitution."  He opined  that his question                                                              
should be  on the table even  if the committee decides  to proceed                                                              
with it.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  CLAMAN  asked  for clarification  that  "it  would                                                              
basically  take assault  in the  fourth degree  out of the  crimes                                                              
that were -- in which there is an exemption."                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  stated,   "negative"  and  clarified  that                                                              
under proposed  Amendment 1 to  Amendment 8, [the  following would                                                              
be excluded  from the proposed  new Section  32]: (3) by  words or                                                              
other  conduct that  person recklessly  places  another person  in                                                              
fear of imminent physical injury.                                                                                               
                                                                                                                                
REPRESENTATIVE CLAMAN  surmised that a person couldn't  get it for                                                              
a  fear assault,  but  the  person could  get  it  for a  physical                                                              
assault.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER replied, right.                                                                                           
                                                                                                                                
2:44:20 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representative  Keller voted  in                                                              
favor  of Amendment  1  to Amendment  18.   Representatives  Lynn,                                                              
Claman,  Kreiss-Tomkins,  LeDoux  voted against  it.    Therefore,                                                              
Amendment 1 to Amendment 8 failed by a vote of 1-4.                                                                             
                                                                                                                                
2:45:18 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX  removed her objection  to Amendment 8.   There being                                                              
no further objection, Amendment 8 was adopted.                                                                                  
                                                                                                                                
2:45:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS,  on   behalf  of   Representative                                                              
Millett [who  was presently out  of the committee room],  moved to                                                              
adopt   Amendment  9,   labeled  29-LS0896\H.26,   Martin/Gardner,                                                              
3/29/16, which read  as follows:  [Amendment 9 is  provided at the                                                              
end of the minutes of HB 205.]                                                                                                  
                                                                                                                                
2:45:47 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:45 to 2:47 p.m.                                                                            
                                                                                                                                
2:46:56 PM                                                                                                                    
                                                                                                                                
CHAIR LEDOUX asked  Representative Kreiss-Tomkins to  withdraw his                                                              
motion to  adopt Amendment  9 to  allow Representative  Millett to                                                              
offer a subsequent  amendment, which Chair LeDoux  announced would                                                              
be called Conceptual Amendment 9.                                                                                               
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   withdrew  his  motion   to  adopt                                                              
Amendment 9.                                                                                                                    
                                                                                                                                
2:47:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  moved to  adopt Conceptual  Amendment  9.                                                              
[Conceptual Amendment  9 read the same as the  withdrawn Amendment                                                              
9 - text provided  at the end of the minutes of HB  205 - with one                                                              
handwritten/typed  change, as follows]:   On page 1,  beginning on                                                              
line  11,  [as numbered  on  Conceptual  Amendment  9],  following                                                              
"officer",  the  words,  "of  violations  of  conditions  of  bail                                                              
release or probation."  would be replaced with, "if  the person is                                                              
discharged from the program."                                                                                                   
                                                                                                                                
CHAIR LEDOUX objected for purposes of discussion.                                                                               
                                                                                                                                
2:47:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  advised that  Ms. Abbott will  explain the                                                              
intent of  Conceptual Amendment  9, while  Mr. Steiner  will speak                                                              
to the reason  for the conceptual  change on page 1,  lines 11-12,                                                              
[as numbered on the amendment].                                                                                                 
                                                                                                                                
MS. ABBOTT  stated that  the intent of  Conceptual Amendment  9 is                                                              
to set  standards for treatment  programs that can be  used toward                                                              
credit of  an individual's  sentence of  imprisonment.   She [drew                                                              
attention  to  a  proposed  new  bill  Section  62,  which,  under                                                              
Conceptual Amendment  9, would be  inserted on page  36, following                                                              
line  14, of  HB 205],  and she  noted  it addresses  criminogenic                                                              
traits   or   behaviors,   provides  measures   of   progress   or                                                              
completion, and  requires notification  to the court  or probation                                                              
officer "if  the person  is discharged from  the program."   These                                                              
standards  would help  the courts  as  well as  the Department  of                                                              
Corrections  potentially  expand  but  also  limit  the  treatment                                                              
programs that  someone could  use as credit  toward their  term of                                                              
imprisonment.   It allows the legislature  and public to  know and                                                              
understand the treatment  programs people are using  toward credit                                                              
for their  time in prison,  and that they  are of the  quality the                                                              
state [expects] and are meeting certain standards.                                                                              
                                                                                                                                
2:49:28 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX referred  to page  1,  lines 11-12  of Amendment  8,                                                              
which read:                                                                                                                     
                                                                                                                                
             (3) required notification to the court                                                                             
     or probation officer if the person is discharged from                                                                      
     the program.                                                                                                               
                                                                                                                                
CHAIR  LEDOUX  asked  whether "discharged"  meant  the  person  is                                                              
kicked  out  of the  program  or  has successfully  completed  the                                                              
program.                                                                                                                        
                                                                                                                                
MS. ABBOTT  replied that it would  be if the person is  kicked out                                                              
of the  program, if for  some reason they  have not met  the goals                                                              
or  obligations,  or do  not  successfully complete  the  program.                                                              
She  said  she  supposed  it  could   apply  to  people  who  have                                                              
completed the  amount of time allotted  but don't meet  the goals,                                                              
objectives, standards, or they challenge the rules.                                                                             
                                                                                                                                
CHAIR  LEDOUX surmised  that it  means "flunked  the program"  for                                                              
one reason or another.                                                                                                          
                                                                                                                                
MS. ABBOTT answered flunked or asked to leave.                                                                                  
                                                                                                                                
CHAIR  LEDOUX  offered  that  she like  it  conceptually  but  was                                                              
unsure about the language.                                                                                                      
                                                                                                                                
2:50:47 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,   Director,  Central  Office,   Public  Defender                                                              
Agency (PDA),  Department of Administration  (DOA), noted  that in                                                              
reviewing  the  original  draft  in  withdrawn  Amendment  9  [the                                                              
language changed  under Conceptual Amendment 9] required  that the                                                              
program report someone  for any bail violation and  often the bail                                                              
term will  be to  comply with  the requirements  of the  treatment                                                              
program.    Therefore,  any  little   rule  violation  might  then                                                              
constitute a bail  violation for which a person  would not receive                                                              
credit  and it is  fairly common  to have  little rule  violations                                                              
that  are corrected  as part  of the program.   In  the event  the                                                              
violations  pile up  to where  someone is  in non-compliance  then                                                              
they will  be discharged  from the  program.   He added,  "Just in                                                              
reading it, I thought  that was more of what was  targeted by this                                                              
amendment  so I  suggested the  change  in language,  and I  think                                                              
this would accomplish that."                                                                                                    
                                                                                                                                
CHAIR  LEDOUX related  that where  the amendment  is trying  to go                                                              
makes  a  lot  of  sense.    Although,   she  said,  she  did  not                                                              
legitimately  know  whether  "discharged"  meant the  program  had                                                              
been completed or  the person had flunked it.   She then indicated                                                              
that  she believes  Representative  Claman  will  come  up with  a                                                              
word.                                                                                                                           
                                                                                                                                
2:52:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CLAMAN  noted that  he  does not  have  a word  in                                                              
mind, but  offered his  understanding that  "the language  that is                                                              
in the Amendment  9 is the exact language that  was introduced and                                                              
approved in  the Senate ...  in the other  body."  He  opined that                                                              
the balance they  are trying to strike is that when  someone is in                                                              
a  treatment  program  for  criminogenic   traits  and  needs  the                                                              
treatment,  the  concern from  the  public safety  perspective  is                                                              
that  if  the  only  triggering  event to  contact  the  court  or                                                              
probation  office  is  that  the person  is  discharged,  then  it                                                              
leaves too much  discretion to the program.  Thereby,  it runs the                                                              
risk  that  the  courts  will  no  longer  approve  the  probation                                                              
release because  some courts will actually want  more notification                                                              
than  just discharge.   He  expressed  that he  has real  concerns                                                              
with Conceptual Amendment 9.                                                                                                    
                                                                                                                                
2:53:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  suggested  using  "non-compliant"  rather                                                              
than "discharged" and  the language would read that  the person is                                                              
non-compliant in the program.                                                                                                   
                                                                                                                                
MR. STEINER  advised that  the suggestion  of using language  like                                                              
"discharged as non-compliant"  would be appropriate.   He referred                                                              
to  the language  "violation  of  conditions  of bail  release  or                                                              
probation"  [which would  be  deleted under  Conceptual  Amendment                                                              
9], commented  that  there may also  be other  conditions  of bail                                                              
unrelated  to the program  itself,  and if that  were a  condition                                                              
"that they  sort of essentially  act as the pretrial  bail officer                                                              
or  supervising  officer," the  program  is  not going  to  accept                                                              
people for credit  under those circumstances.  He  added, "I think                                                              
a  substantial number  of  programs wouldn't,  and  that would,  I                                                              
think, again, further undermine the intent of the amendment."                                                                   
                                                                                                                                
CHAIR  LEDOUX related  that she  understands  "discharged as  non-                                                              
compliant" because  a person  can be discharged  from the  Army or                                                              
prison.  She  then asked Representative Claman  whether that would                                                              
solve his concerns.                                                                                                             
                                                                                                                                
REPRESENTATIVE  CLAMAN  offered  his  understanding  that  Christy                                                              
Willer,  a   representative  from   one  of  these   programs  was                                                              
available,  and indicated  that he  would like  to hear from  her.                                                              
He queried  Ms. Willer as  to whether she  had received a  copy of                                                              
Conceptual  Amendment 9, and  was willing  to address  the changes                                                              
proposed under it.                                                                                                              
                                                                                                                                
2:55:42 PM                                                                                                                    
                                                                                                                                
CHRISTY  WILLER,  Chief  Operating   Officer,  Cook  Inlet  Tribal                                                              
Council,  questioned  whether  a  change  to  the  language  would                                                              
require "a  conference."   In response  to Representative  Claman,                                                              
she indicated that  it would helpful [to view  the language before                                                              
making comments].                                                                                                               
                                                                                                                                
2:56:04 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:56 to 2:58 p.m.                                                                            
                                                                                                                                
2:58:06 PM                                                                                                                    
                                                                                                                                
CHAIR  LEDOUX  advised  that  the  committee  would  take  up  the                                                              
discussion of  Conceptual Amendment 9  at its next meeting.   [The                                                              
motion  to adopt  Conceptual  Amendment 9,  with  an objection  by                                                              
Chair LeDoux, was left pending.]                                                                                                
                                                                                                                                
[HB 205 was held over.]                                                                                                         
                                                                                                                                
                           AMENDMENTS                                                                                       
                                                                                                                                
The following Amendments 1, 2, 7, 8, 9, to HB 205 were either                                                                   
discussed or adopted during the hearing.  [Shorter amendments                                                                   
are provided within the main text only.]                                                                                        
                                                                                                                                
AMENDMENT 1 [29-LS0896\H.20, Martin/Gardner, 3/29/16]                                                                       
                                                                                                                                
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AMENDMENT 2 [29-LS0896\H.14, Martin/Gardner, 3/25/16]                                                                       
                                                                                                                              
     Page 96, following line 21:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 152. AS 47.38.100(a) is amended to read:                                                                    
          (a)  The recidivism reduction program is                                                                              
       established to promote the rehabilitation [THROUGH                                                                       
    TRANSITIONAL   RE-ENTRY   PROGRAMS]    of   persons   on                                                                
     probation  or parole  or incarcerated  for offenses  and                                                               
     recently released from correctional facilities.                                                                            
        * Sec. 153. AS 47.38.100(b) is amended to read:                                                                       
          (b)  The commissioner, in cooperation with the                                                                        
     Alaska  Criminal Justice  Commission  established in  AS                                                               
     44.19.641  [COMMISSIONER  OF CORRECTIONS],  may  provide                                                               
     for   programs   that   have,  as   a   primary   focus,                                                                   
     rehabilitation  and  reduction  of  recidivism  [THROUGH                                                                   
     TRANSITIONAL  RE-ENTRY]  for  persons  on  probation  or                                                               
     parole  or   incarcerated  for  offenses   and  recently                                                               
     released     from    correctional    facilities.     The                                                                   
     commissioner  may enter  into contracts  to provide  for                                                                   
     programs  under this  section. An  eligible [A]  program                                                               
     under this section  must accomplish at least  one of the                                                               
     following objectives:                                                                                                  
               (1)  increasing access to evidence-based                                                                     
     rehabilitation  programs,  including  drug  and  alcohol                                                               
     treatment,  mental   health  treatment,   and  cognitive                                                               
     behavioral programs; or                                                                                                
               (2)  supporting offenders' transition and                                                                    
     re-entry   from    correctional   facilities    to   the                                                               
     community,  including  transitional   housing  services,                                                               
     employment  services, vocational  training,  educational                                                               
     support,  counseling,  and  medical care  [INCLUDE  CASE                                                               
     MANAGEMENT;                                                                                                                
               (2)  REQUIRE SOBER LIVING;                                                                                       
               (3)  PROVIDE, ON-SITE OR BY REFERRAL,                                                                            
     TREATMENT   FOR  SUBSTANCE   ABUSE   OR  MENTAL   HEALTH                                                                   
     TREATMENT;                                                                                                                 
               (4)       REQUIRE   EMPLOYMENT,    EDUCATIONAL                                                                   
     PROGRAMMING,    VOCATIONAL   TRAINING,   OR    COMMUNITY                                                                   
     VOLUNTEER  WORK  AS  APPROVED  BY THE  DIRECTOR  OF  THE                                                                   
     TREATMENT PROGRAM; AND                                                                                                     
               (5)  LIMIT RESIDENTIAL PLACEMENTS IN THE                                                                         
     PROGRAM TO A MAXIMUM OF ONE YEAR].                                                                                         
        * Sec. 154.  AS 47.38.100 is amended by  adding a new                                                                 
     subsection to read:                                                                                                        
          (d)  In this section, "evidenced-based" means a                                                                       
     program or  practice that offers  a high level  of peer-                                                                   
     reviewed data on effectiveness."                                                                                           
                                                                                                                                
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        "*  Sec. 160.  The  uncodified law  of  the State  of                                                               
     Alaska is amended by adding a new section to read:                                                                         
          COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT.                                                                      
     The  Council on  Domestic  Violence and  Sexual  Assault                                                                   
     established  in  AS  18.66.010 shall  create  or  expand                                                                   
     community-based  violence   prevention  programming  and                                                                   
     services  for  victims  of a  crime  involving  domestic                                                                   
     violence  or sexual  assault in the  fiscal year  ending                                                                   
     June 30, 2017.  In this section "domestic  violence" and                                                                   
     "sexual  assault"  have  the  meanings  given  to  those                                                                   
     terms in AS 18.66.990."                                                                                                    
                                                                                                                                
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AMENDMENT 7 [29-LS0896\H.34, Martin/Gardner, 3/30/16]                                                                       
                                                                                                                                
     Page 14, following line 20:                                                                                                
     Insert new bill sections to read:                                                                                          
        "* Sec. 32. AS 11.66.110(a) is amended to read:                                                                     
          (a)  A person commits the crime of sex                                                                                
     trafficking in the first degree if the person                                                                              
               (1)  induces or causes another [A] person to                                                                 
     engage in prostitution through the use of force;                                                                           
               (2)  as other than a patron of a prostitute,                                                                     
     induces  or causes another  [A] person  who is under  20                                                           
     years of age to engage in prostitution; or                                                                                 
               (3)  induces or causes a person in that                                                                          
     person's legal custody to engage in prostitution.                                                                          
        * Sec. 33. AS 11.66.130(a) is amended to read:                                                                        
          (a)  A person commits the crime of sex                                                                                
     trafficking  in  the third  degree  if, with  intent  to                                                                   
     promote prostitution, the person                                                                                           
               (1)  manages, supervises, controls, or owns,                                                                     
     either alone  or in association with others,  a place of                                                                   
     prostitution;                                                                                                              
               (2)  as other than a patron of a prostitute,                                                                     
     induces  or causes another  [A] person  who is 20  years                                                           
     of age or older to engage in prostitution;                                                                                 
               (3)  as other than a prostitute receiving                                                                        
     compensation   for  personally   rendered   prostitution                                                                   
     services, receives  or agrees to receive money  or other                                                                   
     property  under an agreement  or understanding  that the                                                                   
     money or other property is derived from prostitution;                                                                      
     or                                                                                                                         
               (4)  engages in conduct that institutes,                                                                         
     aids, or facilitates a prostitution enterprise.                                                                            
       * Sec. 34. AS 11.66.130 is amended by adding a new                                                                     
     subsection to read:                                                                                                        
          (c)  A person does not act with the intent to                                                                         
     promote prostitution under (a) of this section if the                                                                      
     person                                                                                                                     
               (1)  engages in prostitution in violation of                                                                     
     AS 11.66.100(a) in a location even if that location is                                                                     
     shared with another person; and                                                                                            
               (2)  has not induced or caused another                                                                           
     person in that location to engage in prostitution.                                                                         
       * Sec. 35. AS 11.66.135 is amended by adding a new                                                                     
     subsection to read:                                                                                                        
          (c)  A person does not institute, aid, or                                                                             
     facilitate prostitution if the person                                                                                      
               (1)  engages in prostitution in violation of                                                                     
     AS 11.66.100(a) in a location even if that location is                                                                     
     shared with another person; and                                                                                            
               (2)  has not induced or caused another                                                                           
     person in that location to engage in prostitution."                                                                        
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
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     Page 99, following line 24:                                                                                                
          Insert "(1) AS 11.66.110(a), as amended by sec.                                                                       
     32 of this Act;                                                                                                            
               (2)  AS 11.66.130(a), as amended by sec. 33                                                                      
     of this Act;                                                                                                               
               (3)  AS 11.66.130(c), as amended by sec. 34                                                                      
     of this Act;                                                                                                               
               (4)  AS 11.66.135(c), as amended by sec. 35                                                                      
     of this Act;"                                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
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          Insert "sec. 160(a)"                                                                                                  
                                                                                                                                
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          Insert "sec. 160(f)"                                                                                                  
                                                                                                                                
     Page 103, lines 29 - 30:                                                                                                   
          Delete "28 -  40, 61, 62, 65, 67, 69, 73,  76 - 88,                                                                   
     91, 93 - 95, 134, 135, 143 - 151, and 155"                                                                                 
          Insert "28 -  44, 65, 66, 69, 71, 73, 77,  80 - 92,                                                                   
     95, 97 - 99, 138, 139, 147 - 155, and 159"                                                                                 
                                                                                                                                
     Page 103, line 31, through page 104, line 1:                                                                               
          Delete  "Sections 58  - 60,  66, 68,  70 - 72,  74,                                                                   
     75, 89, 90, 92, 96 - 98, 100 - 133, and 136 - 140"                                                                         
          Insert  "Sections 62  - 64,  70, 72,  74 - 76,  78,                                                                   
     79, 93, 94, 96, 100 - 102, 104 - 137, and 140 - 144"                                                                       
                                                                                                                                
     Page 104, line 2:                                                                                                          
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     156(f)"                                                                                                                    
          Insert  "45 -  61, 67,  103,  146, 156  - 158,  and                                                                   
     160(f)"                                                                                                                    
                                                                                                                                
AMENDMENT 8 [29-LS0896\H.19, Martin/Gardner, 3/25/16]                                                                       
                                                                                                                              
     Page 14, following line 20:                                                                                                
     Insert a new bill section to read:                                                                                         
      "* Sec. 32. AS 11.66.100 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (e)   A person may  not be prosecuted  under (a)(1)                                                                   
     of this section if the                                                                                                     
               (1)  person witnessed or was a victim of,                                                                        
     and reported to law enforcement in good faith, one or                                                                      
     more of the following crimes:                                                                                              
               (A)    murder in  the  first degree  under  AS                                                                   
     11.41.100;                                                                                                                 
               (B)   murder  in  the second  degree under  AS                                                                   
     11.41.110;                                                                                                                 
               (C)  manslaughter under AS 11.41.120;                                                                            
               (D)   criminally  negligent homicide under  AS                                                                   
     11.41.130;                                                                                                                 
               (E)   assault  in  the first  degree under  AS                                                                   
     11.41.200;                                                                                                                 
               (F)   assault  in the second  degree under  AS                                                                   
     11.41.210;                                                                                                                 
               (G)   assault  in  the third  degree under  AS                                                                   
     11.41.220;                                                                                                                 
               (H)   assault  in the fourth  degree under  AS                                                                   
     11.41.230;                                                                                                                 
               (I)    sexual  assault  in  the  first  degree                                                                   
     under AS 11.41.410;                                                                                                        
               (J)    sexual  assault in  the  second  degree                                                                   
     under AS 11.41.420;                                                                                                        
               (K)    sexual  assault  in  the  third  degree                                                                   
     under AS 11.41.425;                                                                                                        
               (L)    sexual  assault in  the  fourth  degree                                                                   
     under AS 11.41.427;                                                                                                        
               (M)  sexual  abuse of  a  minor in  the  first                                                                   
     degree under AS 11.41.434;                                                                                                 
               (N)  sexual abuse  of  a minor  in the  second                                                                   
     degree under AS 11.41.436;                                                                                                 
               (O)  sexual  abuse of  a  minor in  the  third                                                                   
     degree under AS 11.41.438;                                                                                                 
               (P)  sexual abuse  of  a minor  in the  fourth                                                                   
     degree under AS 11.41.440;                                                                                                 
               (Q)  robbery  in  the first  degree  under  AS                                                                   
     11.41.500;                                                                                                                 
               (R)  robbery  in the  second  degree under  AS                                                                   
     11.41.510;                                                                                                                 
               (S) extortion under AS 11.41.520;                                                                                
               (T) coercion under AS 11.41.530;                                                                                 
               (U)  distribution of  child pornography  under                                                                   
     AS 11.61.125;                                                                                                              
               (V) possession  of child pornography  under AS                                                                   
     11.61.127;                                                                                                                 
               (W)    sex  trafficking in  the  first  degree                                                                   
     under AS 11.66.110;                                                                                                        
               (X)   sex  trafficking  in  the second  degree                                                                   
     under AS 11.66.120;                                                                                                        
               (Y)    sex  trafficking in  the  third  degree                                                                   
     under AS 11.66.130; or                                                                                                     
               (Z)  sex trafficking in the fourth degree                                                                        
     under AS 11.66.135;                                                                                                        
               (2)  evidence supporting the prosecution                                                                         
          under (a)(1) of this section was obtained or                                                                          
       discovered as a result of the person reporting the                                                                       
     crime to law enforcement; and                                                                                              
               (3)  person cooperated with law enforcement                                                                      
     personnel."                                                                                                                
                                                                                                                                
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     91, 93 - 95, 134, 135, 143 - 151, and 155"                                                                                 
          Insert "28 - 31, 33 - 41, 62, 63, 66, 68, 70, 74,                                                                     
     77 - 89, 92, 94 - 96, 135, 136, 144 - 152, and 156"                                                                        
                                                                                                                                
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          Delete "Sections 58 - 60, 66, 68, 70 - 72, 74,                                                                        
     75, 89, 90, 92, 96 - 98, 100 - 133, and 136 - 140"                                                                         
          Insert "Sections 59 - 61, 67, 69, 71 - 73, 75,                                                                        
     76, 90, 91, 93, 97 - 99, 101 - 134, and 137 - 141"                                                                         
                                                                                                                                
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     156(f)"                                                                                                                    
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     157(f)"                                                                                                                    
                                                                                                                                
                                                                                                                                
AMENDMENT 9 [26-LS0896\H.26, Martin/Gardner, 3/29/16]                                                                       
                                                                                                                                
     Page 1, line 2, following "sentencing;":                                                                                 
          Insert "relating to treatment program credit for                                                                    
           time spent toward service of a sentence of                                                                         
     imprisonment;"                                                                                                           
                                                                                                                                
     Page 36, following line 14:                                                                                                
     Insert a new bill section to read:                                                                                         
      "* Sec. 62. AS 12.55.027 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (f)  To qualify as a treatment program under this                                                                     
     section, a program must                                                                                                    
               (1)  be intended to address criminogenic                                                                         
     traits or behaviors;                                                                                                       
               (2)  provide measures of progress or                                                                             
     completion; and                                                                                                            
               (3)  require notification to the court or                                                                        
     probation officer of violations of conditions of bail                                                                      
     release or probation."                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
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     Page 99, following line 10:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(26)  AS 12.55.027(f), enacted by sec. 62                                                                       
     of this Act;"                                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
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2:58:56 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB308 Sectional Analysis.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Document Letter from Safe Kids Worldwide Anthony Green.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Document-Letter from Terri Nelson.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Sponsor Statement.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Article Safe Kids Maine3-17-2016.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Article-ADN-1-12-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Article-NBC-KARE11-6-25-2014.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Amanda Seethaler.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Amanda Ferrara 3-3-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Andrea Konik 3-7-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Beth Schuerman 3-2-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Hilario Alva 3-2-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Gwendolynne Teutsch 3-2-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Jared Stiglich-3-2-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Jane Fellman 3-7-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from June May-3-3-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Landon Forth 3-2-2016.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Lori Tyler 3-3-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Marialourdes Apilado 3-3-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-Letter from Sara Penisten 3-7-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 ver A.PDF HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Supporting Documents-FAQs AK Technician Immunity.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB308 Fiscal Note-LAW-CIV-03-25-16.pdf HJUD 4/6/2016 1:00:00 PM
HB 308
HB 147 - CS ver C - 04.04.16.pdf HJUD 4/6/2016 1:00:00 PM
HB 147
HB 147 - Support Letter - National Link Coalition.pdf HJUD 4/6/2016 1:00:00 PM
HB 147
Amendment 1.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 2.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 3.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 4.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 5.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 6.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 7.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 8.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 9.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 10.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 11.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 12.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 13.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 14.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 15.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 16.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 17.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 18.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 19.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 20.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 21.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 22.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 23.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 24.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 25.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 26.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 27.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 28.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
Amendment 29.pdf HJUD 4/6/2016 1:00:00 PM
HB 205
HB 147 - Sectional Summary Comparison - Ver U to Ver C.pdf HJUD 4/6/2016 1:00:00 PM
HB 147
Amendment 10 - Fixed.pdf HJUD 4/6/2016 1:00:00 PM
HB 205