Legislature(2019 - 2020)GRUENBERG 120

04/26/2019 01:00 PM JUDICIARY

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Audio Topic
01:32:30 PM Start
01:33:17 PM HB145
03:24:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4/27/10 at 1:00 pm --
-- Delayed to 1:15 pm --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 145 PROPERTY CRIME; MOTOR VEHICLE THEFT TOOLS TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 26, 2019                                                                                         
                           1:32 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chuck Kopp                                                                                                       
Representative Louise Stutes                                                                                                    
Representative Laddie Shaw                                                                                                      
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Adam Wool                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 145                                                                                                              
"An Act  relating to crime  and criminal  procedure; establishing                                                               
the crime  of possession of  motor vehicle theft  tools; relating                                                               
to controlled  substances; relating  to credit toward  a sentence                                                               
of   imprisonment;   relating    to   sentencing;   relating   to                                                               
registration  of sex  offenders;  relating to  the definition  of                                                               
'sex offender  or child kidnapper';  relating to  operating under                                                               
the influence; relating to refusal  to submit to a chemical test;                                                               
relating  to  the  duties of  the  commissioner  of  corrections;                                                               
relating to  the Alaska Criminal Justice  Commission; relating to                                                               
the duties  of the  attorney general and  the Department  of Law;                                                               
requiring  law  enforcement  agencies   to  test  sexual  assault                                                               
examination  kits;   requiring  notification  of   completion  of                                                               
testing;  relating   to  reports   on  untested   sexual  assault                                                               
examination   kits;  and   relating  to   public  disclosure   of                                                               
information relating to certain minors."                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 145                                                                                                                  
SHORT TITLE: PROPERTY CRIME; MOTOR VEHICLE THEFT TOOLS                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
04/24/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/24/19       (H)       JUD, FIN                                                                                               
04/24/19       (H)       JUD WAIVED  PUBLIC HEARING  NOTICE, RULE                                                               
                         23 UC                                                                                                  
04/24/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/24/19       (H)       Heard & Held                                                                                           
04/24/19       (H)       MINUTE(JUD)                                                                                            
04/24/19       (H)       JUD AT 5:15 PM GRUENBERG 120                                                                           
04/24/19       (H)       -- MEETING CANCELED --                                                                                 
04/25/19       (H)       JUD AT 5:15 PM GRUENBERG 120                                                                           
04/25/19       (H)       Heard & Held                                                                                           
04/25/19       (H)       MINUTE(JUD)                                                                                            
04/26/19       (H)       FIN AT 9:00 AM ADAMS ROOM 519                                                                          
04/26/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/26/19       (H)       FIN AT 1:30 PM ADAMS ROOM 519                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
145.                                                                                                                            
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
145.                                                                                                                            
                                                                                                                                
KELLY GOODE, Deputy Commissioner & Legislative Liaison                                                                          
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB                                                             
145.                                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:30 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to  order at  1:32  p.m.  Representatives LeDoux,  Shaw,                                                               
Eastman, Kopp,  Stutes, and  Claman were present  at the  call to                                                               
order.  Representatives                                                                                                         
                                                                                                                                
        HB 145-PROPERTY CRIME; MOTOR VEHICLE THEFT TOOLS                                                                    
                                                                                                                                
1:33:17 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE  BILL NO.  145,  "An  Act relating  to  crime and  criminal                                                               
procedure; establishing the crime  of possession of motor vehicle                                                               
theft  tools;  relating  to controlled  substances;  relating  to                                                               
credit   toward  a   sentence   of   imprisonment;  relating   to                                                               
sentencing; relating  to registration of sex  offenders; relating                                                               
to the definition of 'sex  offender or child kidnapper'; relating                                                               
to operating under  the influence; relating to  refusal to submit                                                               
to a  chemical test; relating  to the duties of  the commissioner                                                               
of  corrections;   relating  to   the  Alaska   Criminal  Justice                                                               
Commission; relating  to the duties  of the attorney  general and                                                               
the  Department of  Law; requiring  law  enforcement agencies  to                                                               
test sexual  assault examination kits; requiring  notification of                                                               
completion  of testing;  relating to  reports on  untested sexual                                                               
assault examination  kits; and relating  to public  disclosure of                                                               
information relating to certain minors."                                                                                        
                                                                                                                                
CHAIR  CLAMAN announced  that the  committee would  be taking  up                                                               
amendments to HB 145.  He  stated for the record that Legislative                                                               
Legal  Services   has  permission  to  make   any  technical  and                                                               
conforming changes to the bill.                                                                                                 
                                                                                                                                
1:34:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES moved  to adopt  Amendment 1,  labeled 31-                                                               
LS0889\U.8, Radford, 4/25/19, which read as follows:                                                                            
                                                                                                                                
     Page 13, line 1, through page 14, line 23:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 21, following line 6:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 31. AS 12.55.015 is  amended by adding a new                                                                
     subsection to read:                                                                                                        
          (l)  In making a determination under (a)(12) of                                                                       
     this  section  for a  defendant  convicted  of a  crime                                                                    
     involving a  sex offense as defined  in AS 12.63.100 or                                                                    
     a  crime  involving  domestic violence  as  defined  in                                                                    
     AS 18.66.990, there  is a presumption that,  unless the                                                                    
     court  finds on  the  record, by  clear and  convincing                                                                    
     evidence,  that contact  between  a  defendant and  the                                                                    
     victim  of the  offense is  necessary, the  court shall                                                                    
     order  the   defendant  to  have  no   contact,  either                                                                    
     directly  or  indirectly,  with the  victim  until  the                                                                    
     defendant is unconditionally discharged."                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 22, line 7, through page 24, line 28:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 26, lines 16 - 24:                                                                                                    
          Delete all material and insert:                                                                                       
        "* Sec. 37. AS 12.61.050 is  amended by adding a new                                                                
     subsection to read:                                                                                                        
          (c)  Through the automated victim notification                                                                        
     system  established   in  (a)  of  this   section,  the                                                                    
     Department of  Corrections shall  notify a victim  of a                                                                    
     sex  offense  as defined  in  AS 12.63.100  or a  crime                                                                    
     involving domestic violence  as defined in AS 18.66.990                                                                    
     of  the  option to  request  a  protective order  under                                                                    
     AS 18.65.850  or   AS 18.66.100  and   provide  contact                                                                    
     information for  state victim resources,  including the                                                                    
     Council on  Domestic Violence  and Sexual  Assault, the                                                                    
     Alaska   Network  on   Domestic  Violence   and  Sexual                                                                    
     Assault,  the  Office  of   Victims'  Rights,  and  the                                                                    
     Violent  Crimes Compensation  Board. This  notification                                                                    
     must occur when the offender  of the victim is released                                                                    
     from   incarceration   or    when   the   order   under                                                                    
     AS 12.55.015(l) expires, whichever is later."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 35, line 28:                                                                                                          
          Insert "and"                                                                                                      
                                                                                                                                
     Page 35, following line 28:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(5)  the number of crime victims that                                                                       
     participated in  the prosecution  of and  court process                                                                
     relating  to the  offense  in which  the  person was  a                                                                
     victim; and"                                                                                                           
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
     Page 39, line 30, through page 40, line 3:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
     Page 40, line 4:                                                                                                           
          Delete "sec. 28"                                                                                                      
          Insert "sec. 23"                                                                                                      
                                                                                                                                
     Page 40, line 5:                                                                                                           
          Delete "sec. 29"                                                                                                      
          Insert "sec. 24"                                                                                                      
                                                                                                                                
     Page 40, line 6:                                                                                                           
          Delete "sec. 30"                                                                                                      
          Insert "sec. 25"                                                                                                      
                                                                                                                                
     Page 40, line 7:                                                                                                           
          Delete "sec. 31"                                                                                                      
          Insert "sec. 26"                                                                                                      
                                                                                                                                
     Page 40, line 8:                                                                                                           
          Delete "sec. 32"                                                                                                      
          Insert "sec. 27"                                                                                                      
                                                                                                                                
     Page 40, line 9:                                                                                                           
          Delete "sec. 33"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
     Page 40, line 10:                                                                                                          
          Delete "sec. 34"                                                                                                      
          Insert "sec. 29"                                                                                                      
                                                                                                                                
     Page 40, line 11:                                                                                                          
          Delete "sec. 35"                                                                                                      
          Insert "sec. 30"                                                                                                      
                                                                                                                                
     Page 40, line 12:                                                                                                          
          Delete all material and insert:                                                                                       
               "(31)  AS 12.55.015(l), enacted by sec. 31                                                                       
     of this Act;"                                                                                                              
                                                                                                                                
     Page 40, line 13:                                                                                                          
          Delete "sec. 49"                                                                                                      
          Insert "sec. 44"                                                                                                      
                                                                                                                                
     Page 40, line 14:                                                                                                          
          Delete "sec. 50"                                                                                                      
          Insert "sec. 45"                                                                                                      
                                                                                                                                
     Page 40, line 17:                                                                                                          
          Delete "sec. 36"                                                                                                      
          Insert "sec. 32"                                                                                                      
                                                                                                                                
     Page 40, line 18:                                                                                                          
          Delete "sec. 37"                                                                                                      
          Insert "sec. 33"                                                                                                      
                                                                                                                                
     Page 40, line 19:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 40, line 20:                                                                                                          
          Delete "sec. 39"                                                                                                      
          Insert "sec. 34"                                                                                                      
                                                                                                                                
     Page 40, line 21:                                                                                                          
          Delete "sec. 40"                                                                                                      
          Insert "sec. 35"                                                                                                      
                                                                                                                                
     Page 40, line 22:                                                                                                          
          Delete "sec. 41"                                                                                                      
          Insert "sec. 36"                                                                                                      
                                                                                                                                
     Page 40, line 25:                                                                                                          
          Delete "sec. 43"                                                                                                      
          Insert "sec. 38"                                                                                                      
                                                                                                                                
     Page 40, line 26:                                                                                                          
          Delete "sec. 44"                                                                                                      
          Insert "sec. 39"                                                                                                      
                                                                                                                                
     Page 40, line 27:                                                                                                          
          Delete "sec. 45"                                                                                                      
          Insert "sec. 40"                                                                                                      
                                                                                                                                
     Page 40, line 28:                                                                                                          
          Delete "sec. 46"                                                                                                      
          Insert "sec. 41"                                                                                                      
                                                                                                                                
     Page 41, line 2:                                                                                                           
          Delete "sec. 51"                                                                                                      
          Insert "sec. 46"                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
1:34:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES   said  Amendment   1  would   remove  the                                                               
provisions  related  to  indecent  viewing and  production  of  a                                                               
picture.   She referenced earlier committee  discussions with DOL                                                               
and  the  Interim  Public  Defender.    She  explained  that  the                                                               
underlying   statute   "is   quite  messy"   and   confusing   to                                                               
practitioners.    She  added  that  sections  of  the  underlying                                                               
statute  appear   to  conflict  with  other   existing  statutes,                                                               
specifically the sexual  abuse of a minor statute.   She said the                                                               
provisions  raised   a  number  of  challenges   and,  therefore,                                                               
Amendment 1  would strip them  from HB 145, leaving  existing law                                                               
unchanged.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  STUTES  said Amendment  1  would  also fulfill  a                                                               
request made by the Alaska  Network on Domestic Violence & Sexual                                                               
Assault (ANDVSA) by  adding three new provisions.   She addressed                                                               
lines 8 to 15 [section 31] on page  1 of the amendment.  She said                                                               
the  language therein  would  add a  presumption  that the  court                                                               
shall order the  defendant to have no contact with  the victim of                                                               
sexual offenses and domestic violence.   She addressed lines 3 to                                                               
13 [section 37]  on page 2 of the amendment.   She explained that                                                               
this   provision  would   establish   that   the  Department   of                                                               
Corrections  (DOC)   must  include  in  Victim   Information  and                                                               
Notification  Everyday (VINE)  information  about  the option  to                                                               
request a domestic violence protective  order.  She said it would                                                               
also  require  that  VINE provide  information  regarding  victim                                                               
resources   prior   to   the  release   of   a   defendant   from                                                               
incarceration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE STUTES addressed  lines 22 to 24 on page  2 of the                                                               
amendment, which she said would  enhance the information that DOL                                                               
must  report  to  include  the   number  of  crime  victims  that                                                               
participate in the  prosecution of and court  process relating to                                                               
an offense.                                                                                                                     
                                                                                                                                
1:36:53 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Alaska  Court System,  questioned                                                               
the helpfulness of  the proposed section 31 in Amendment  1.  She                                                               
said it  is her sense  that the judge  will include a  no contact                                                               
order in a sentence for a  crime of domestic violence or a sexual                                                               
offense when he/she  deems it necessary.  She added  that many of                                                               
those  cases  are plea  bargains,  and  that  DOL includes  a  no                                                               
contact order  in a plead  sentence when appropriate.   She said,                                                               
if the  committee still thinks  the section would be  helpful, it                                                               
could slightly  adjust the wording  to be more appropriate.   She                                                               
highlighted the phrase "In making  a determination under (a)(12)"                                                               
in  line 9  of  page  1 and  suggested  replacing  it with  "When                                                               
imposing  a sentence  for  a  crime involving  a  sex offense  or                                                               
domestic  violence "   She  noted that  the court  does not  make                                                               
determinations  under  (a)(1)  through   (a)(13).    She  briefly                                                               
described  how a  judge would  approach those  subsections.   She                                                               
suggested  an  additional  adjustment  to  language  in  line  12                                                               
reading  "by  clear  and  convincing evidence."    She  said  the                                                               
wording would raise an implication  to judges that there needs to                                                               
be  an  evidentiary hearing   or  something  more than  would  be                                                               
necessary.   She suggested the  language could read, "without any                                                               
standard of proof ..."  She  noted that when statutes do not have                                                               
a standard  of proof  and the  court has  to find  something, the                                                               
default is always "by a presumption of the evidence."                                                                           
                                                                                                                                
1:39:52 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  her to  clarify the  second suggestion.   He                                                               
posited that  she recommended  deleting the  language in  line 12                                                               
reading  "unless the  court finds  on  the record,  by clear  and                                                               
convincing evidence"  so that  it reads  "there is  a presumption                                                               
that contact  between a defendant  and the victim of  the offense                                                               
is necessary."                                                                                                                  
                                                                                                                                
MS. MEADE  clarified that she  would keep the phrase  "unless the                                                               
court finds   so  the clause would read, "there  is a presumption                                                               
that, unless  the court  finds that  contact between  a defendant                                                               
and the victim of the offense is necessary."                                                                                    
                                                                                                                                
CHAIR CLAMAN  summarized the  suggestion as  the deletion  of the                                                               
words "by clear and convincing evidence."                                                                                       
                                                                                                                                
MS.  MEADE  confirmed  that  summary.   She  clarified  that  the                                                               
provision  in  question  relates  to a  sentencing  for  somebody                                                               
convicted  of,  for example,  a  crime  of domestic  violence  or                                                               
sexual assault.  She said the  court would include the no contact                                                               
order as  a condition of  the individual's sentence  until he/she                                                               
is  unconditionally  discharged.    She added  that,  should  the                                                               
individual  violate  the condition  by  having  contact with  the                                                               
victim,  it  could  be  grounds  for a  petition  to  revoke  the                                                               
individual's probation.   She distinguished between  this and the                                                               
issuing of a civil protective order.                                                                                            
                                                                                                                                
CHAIR CLAMAN asked for confirmation  that her suggestion for line                                                               
9 would  be to  edit it so  that it reads,  "At sentencing  for a                                                               
defendant convicted of a crime involving a sex offense ..."                                                                     
                                                                                                                                
MS. MEADE said  that would effectively avoid  the incongruency of                                                               
implying  the  court  makes  determinations  "on  each  of  those                                                               
provisions."                                                                                                                    
                                                                                                                                
1:42:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked how  the word "necessary"  would be                                                               
construed by  the court.   He asked how "necessary"  is different                                                               
from "preferable."                                                                                                              
                                                                                                                                
MS. MEADE said "necessary" is  a term currently in the provisions                                                               
for short-term  protective orders, so  the concept "would  not be                                                               
unusual"  for the  courts.   He said  they would  likely consider                                                               
things  like  whether  the  defendant is  "needed  at  home"  and                                                               
whether  the victim  wants  the person  to be  at  home and  have                                                               
contact.   But, she  said, if  the victim  would express  fear or                                                               
some legitimate reason, that would also play into the decision.                                                                 
                                                                                                                                
1:43:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to  adopt Conceptual Amendment  1 to                                                               
Amendment 1,  incorporating the changes  suggested by  Ms. Meade,                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 1, line 9                                                                                                             
          Delete "In making a determination under (a)(12)                                                                       
     of this section"                                                                                                           
          Insert "At sentencing                                                                                                 
                                                                                                                                
     Page 1, line 12, after "finds on the record"                                                                               
          Delete ", by clear and convincing evidence,"                                                                          
                                                                                                                                
There being no  objection, Conceptual Amendment 1  to Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
1:45:20 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of  Law, addressed  the provision  located on  page 2,                                                               
lines 20  to 25, which  would impose a  new obligation on  DOL to                                                               
start tracking  whether or not  a victim is participating  in the                                                               
court process.   She stated  that Amendment 1, as  drafted, would                                                               
place that  provision in  the section  of HB  145 related  to the                                                               
reporting of  the Alaska Criminal  Justice Commission.   She said                                                               
DOL recommends  moving the obligation  to section 55,  located on                                                               
page 36 of the  bill.  She noted that the  change would require a                                                               
renumbering of the obligations already listed in that section.                                                                  
                                                                                                                                
CHAIR CLAMAN  asked if DOL has  any objection to the  language of                                                               
Amendment 1 aside from its proposed location.                                                                                   
                                                                                                                                
MS. SCHROEDER answered no.                                                                                                      
                                                                                                                                
1:46:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether the  provision located  in                                                               
line 29 of page 35 of HB 145  should also be moved to section 36,                                                               
as it too deals with information coming from DOL.                                                                               
                                                                                                                                
MS. SCHROEDER  said that provision  is drafted  correctly because                                                               
it would be added to the list  of things that must be included in                                                               
the  Alaska Criminal  Justice Commission's  annual report  to the                                                               
legislature and to the governor.                                                                                                
                                                                                                                                
CHAIR CLAMAN suggested that a  conceptual amendment would provide                                                               
the  necessary fix  to the  issue raised  by Ms.  Schroeder.   He                                                               
suggested  the  conceptual  amendment insert  the  aforementioned                                                               
provision into section 55 of the bill rather than section 53.                                                                   
                                                                                                                                
MS. SCHROEDER said "correct."                                                                                                   
                                                                                                                                
1:47:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  motioned to  adopt Conceptual  Amendment 2                                                               
to  Amendment   1,  which   would  incorporate   Ms.  Schroeder's                                                               
suggested change.                                                                                                               
                                                                                                                                
REPRESENTATIVE EASTMAN asked for the amendment to be repeated.                                                                  
                                                                                                                                
CHAIR  CLAMAN explained  that  the language  located  on page  2,                                                               
lines 20 to 25 of the  amendment would currently be inserted into                                                               
section  53 of  the  bill,  and that  Conceptual  Amendment 2  to                                                               
Amendment  1  would  place  that  language,  as  appropriate,  in                                                               
section 55 of the bill.                                                                                                         
                                                                                                                                
There being no  objection, Conceptual Amendment 2  to Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
1:48:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN addressed the  proposed section 31 located                                                               
on page 1 of Amendment 1.   He asked if the language referring to                                                               
"the defendant" post-conviction is customary.   He asked if there                                                               
is ever  a change  in language  after the  conviction, or  if the                                                               
individual is referred to as "the defendant" in perpetuity.                                                                     
                                                                                                                                
MS.  SCHROEDER  said that  is  the  appropriate language  to  use                                                               
because the  section refers to  the sentencing of  an individual,                                                               
so at that stage the individual is still a defendant.                                                                           
                                                                                                                                
1:49:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that Amendment 1  would require                                                               
the imposition  of a no contact  order unless the court  finds it                                                               
necessary not  to impose the  order.  He called  that requirement                                                               
"problematic."  He remarked that  there is currently a process in                                                               
place for a victim to make a  request for a protective order.  He                                                               
said  Amendment  1  would  turn  that  process  on  its  head  by                                                               
automatically imposing a no contact  order unless "a new finding                                                                
is  presented.   He said  that is  like proving  a negative.   He                                                               
suggested that  misapplication of the provision  could "raise the                                                               
burden  on  things  like child  custody"  because  many  domestic                                                               
violence  protective orders  involve couples  with children.   He                                                               
said  adding  "another wrinkle"  to  the  process would  make  it                                                               
difficult for  a parent  convicted of  domestic violence  to have                                                               
contact  with  his/her  children,   even  when  that  contact  is                                                               
supported by both  parties.  He expressed concerns  that it would                                                               
also restrict direct and indirect contact between the parties.                                                                  
                                                                                                                                
1:52:23 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN withdrew his objection to adopting Amendment 1.                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN objected to adopting Amendment 1.                                                                        
                                                                                                                                
A roll call vote was  taken.  Representatives Shaw, Kopp, Stutes,                                                               
LeDoux,   and   Claman   voted   in   favor   of   Amendment   1.                                                               
Representative Eastman  voted against  it.   Therefore, Amendment                                                               
1, as amended, was adopted by a vote of 5-1.                                                                                    
                                                                                                                                
1:53:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES moved  to adopt  Amendment 2,  labeled 31-                                                               
LS0889\U.9, Radford, 4/26/19, which read as follows:                                                                            
                                                                                                                                
     Page 19, line 8, following "AS 11.71.050(a)(4)":                                                                       
          Insert "within the preceding 10 years"                                                                            
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE  STUTES  explained that  section  31  of the  bill                                                               
would  establish  a  basis  to   prosecute  repeat  offenders  of                                                               
possession  of  any  amount  of schedule  IA  or  IIA  controlled                                                               
substances at the class C felony  level.  She added that a person                                                               
would  commit  a felony  if  he/she  possesses  any amount  of  a                                                               
Schedule IA or  IIA drug and he/she was  previously convicted two                                                               
or  more  times of  drug  possession  of  a  schedule IA  or  IIA                                                               
controlled substance,  either as  a felony  or as  a misdemeanor.                                                               
She  stated that  Amendment 2  would provide  a 10-year  lookback                                                               
period  for prior  misdemeanor  drug  possession convictions  for                                                               
drug  offenses.     She  noted  that  the   lookback  period  for                                                               
misdemeanors is currently  5 years.  She said  DOL testified that                                                               
10  years  would  be  an  appropriate  lookback  period  in  this                                                               
instance as  HB 145 seeks to  bump a misdemeanor offender  to the                                                               
felony level.                                                                                                                   
                                                                                                                                
1:54:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP said  he  conceptually   supports a  10-year                                                               
lookback  period  as  it  would  be  consistent  with  recidivist                                                               
statutes  related  to  theft,  assault,  and  driving  under  the                                                               
influence  (DUI).    He  expressed  a  concern  relating  to  the                                                               
drafting of the amendment and  questioned whether it would insert                                                               
the  language "within  the  preceding 10  years"  in the  correct                                                               
place in  statute.   He noted that  AS 11.71.050(a)(4),  which is                                                               
referenced  in  the section  into  which  the language  would  be                                                               
inserted, relates  to possession of controlled  substances around                                                               
school  grounds, recreational  youth centers,  and school  buses.                                                               
He recommended inserting the language not  into line 8 on page 19                                                               
of the bill, but rather into line 5.                                                                                            
                                                                                                                                
MS. SCHROEDER said Representative Kopp  is correct.  She endorsed                                                               
placing the language in line 5 on page 19 after the word "and.                                                                  
                                                                                                                                
1:56:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  moved Amendment  1  to  Amendment 2,  which                                                               
would  amend line  1 of  Amendment 2  to read  "Page 19,  line 5,                                                               
following 'and'.                                                                                                                
                                                                                                                                
1:57:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked, should Amendment 1  to Amendment 2                                                               
be adopted, what the impact would be  to lines 7 and 9 on page 19                                                               
of the bill.                                                                                                                    
                                                                                                                                
MS. SCHROEDER said  moving the language to line 5  would make the                                                               
lookback period  apply to subparagraphs  (A), (B), and (C).   She                                                               
said  that  means if  the  individual  had been  convicted  under                                                               
Alaska laws  or the  laws of  another jurisdiction,  the lookback                                                               
period would be 10 years.                                                                                                       
                                                                                                                                
REPRESENTATIVE  EASTMAN  said  his understanding  is  that  there                                                               
currently is no restriction on lookback  for line 7 or line 9, so                                                               
by  adopting the  amendment, the  committee would  be imposing  a                                                               
lookback that does not currently exist.                                                                                         
                                                                                                                                
MS. SCHROEDER answered that is correct.   She said it is a policy                                                               
call for the legislature to make.                                                                                               
                                                                                                                                
CHAIR  CLAMAN noted  that there  is currently  no way  to move  a                                                               
third-time offender  within 10 years  from the  misdemeanor level                                                               
to the  felony level.   He said, "What this  allows you to  do is                                                               
take the third-time offender and bump them up."                                                                                 
                                                                                                                                
MS. SCHROEDER  said that  is correct.   She clarified  that other                                                               
recidivist statutes  related to bumping  an offender to  a higher                                                               
classification  of offense  usually  contain  a lookback  period.                                                               
Otherwise, she said, DOL would have  "to try to parse out between                                                               
the lookback period for misdemeanors  and the lookback period for                                                               
felonies."   She said, "this  adds clarification to the  law" and                                                               
would  prevent  future  litigation  of  an  appropriate  lookback                                                               
period.                                                                                                                         
                                                                                                                                
1:59:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked, "If  we don't have  this amendment,                                                               
you could look back forever, right?"                                                                                            
                                                                                                                                
CHAIR CLAMAN said yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  why there  would be  litigation and                                                               
why DOL would be "parsing out things."                                                                                          
                                                                                                                                
MS. SCHROEDER  said a  lookback period  is usually  prescribed in                                                               
statute for situations in which a  repeat offense is bumped up to                                                               
the felony  level.  She  remarked that it  is helpful for  DOL to                                                               
have something  set in  statute, so  it does  not have  to decide                                                               
between  the  5-year  lookback  period set  in  statute  for  the                                                               
misdemeanor  conduct  or  the  10-year  lookback  period  set  in                                                               
statute for the felony that the conduct becomes once elevated.                                                                  
                                                                                                                                
2:00:27 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  asked  if  prior  convictions  for  possession  of                                                               
marijuana from before it was  legalized would count as priors for                                                               
purposes of elevation to a felony.                                                                                              
                                                                                                                                
MS. SCHROEDER  noted that  [section 31]  is prospective  and said                                                               
she does  not know how  that would affect the  lookback language.                                                               
After some reflection, she said  she now realizes that such prior                                                               
convictions could be  counted as priors.  She  added, "Whether or                                                               
not we would  do that, I don't  know."  She said  DOL would still                                                               
have the ability to "do deferment."                                                                                             
                                                                                                                                
CHAIR CLAMAN added that DOL could  also decide to  charge it as a                                                               
misdemeanor  and not  a felony.  He asked  for verification that,                                                               
as drafted, Amendment  2 would apply to  any scheduled controlled                                                               
substance  within the  last  10  years, as  opposed  to it  being                                                               
limited  to   only  schedule  IA  and   schedule  IIA  controlled                                                               
substances.                                                                                                                     
                                                                                                                                
MS.  SCHROEDER  apologized and  said,  as  drafted, the  lookback                                                               
period prescribed in Amendment 2  would apply only to schedule IA                                                               
or IIA controlled substances.                                                                                                   
                                                                                                                                
2:01:55 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:02 p.m. to 2:03 p.m.                                                                       
                                                                                                                                
2:03:38 PM                                                                                                                    
                                                                                                                                
[Due  to   technical  difficulties,   part  of   Ms.  Schroeder's                                                               
testimony was not picked up  immediately after the committee went                                                               
back on the record.]                                                                                                            
                                                                                                                                
MS. SCHROEDER  said, "... a possession  conviction for marijuana,                                                               
it could count towards the bumping up to the felony."                                                                           
                                                                                                                                
2:03:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  what the most severe  crime is that                                                               
could qualify under the language  "two or more separate occasions                                                               
of a crime."                                                                                                                    
                                                                                                                                
MS. SCHROEDER said  the most severe crime would  be possession of                                                               
a schedule IA controlled substance,  which is currently a class A                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked if  possession of  a schedule  IIA controlled                                                               
substances would also qualify.                                                                                                  
                                                                                                                                
MS. SCHROEDER said  yes.  She explained that  she interpreted the                                                               
question to be "the most serious" crime.                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  for an  example of  a schedule  IA                                                               
controlled substance.                                                                                                           
                                                                                                                                
MS.  SCHROEDER said  heroin, fentanyl,  and  carfentanil are  all                                                               
schedule IA controlled substances.                                                                                              
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked   for  verification  that,  should                                                               
Amendment 1 to  Amendment 2 be adopted, an  individual could have                                                               
any number  of previous convictions  in another  jurisdiction for                                                               
heroin,  but the  court  would  not be  able  to  take them  into                                                               
consideration if they occurred more than 10 years ago.                                                                          
                                                                                                                                
MS. SCHROEDER  answered, "If they  are older than 10  years, then                                                               
yes, they would  not count towards bumping  up the classification                                                               
of the offense."                                                                                                                
                                                                                                                                
2:05:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  noted that Amendment  2 would not  apply the                                                               
lookback   period  to   drug   crimes   that  are   automatically                                                               
prosecutable  as  felonies,  including possession  of  date  rape                                                               
drugs and possession offenses that  occur on school grounds, on a                                                               
school bus, or at a recreational youth center.                                                                                  
                                                                                                                                
2:06:16 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN,  after a brief  procedural discussion,  returned to                                                               
the motion to adopt Amendment 1 to Amendment 2.                                                                                 
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
A roll call vote was  taken.  Representatives LeDoux, Shaw, Kopp,                                                               
Stutes, and  Claman voted in  favor of adoption.   Representative                                                               
Eastman voted against it.   Therefore, Amendment 1 to Amendment 2                                                               
was adopted by a vote of 5-1.                                                                                                   
                                                                                                                                
2:07:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN withdrew his objection  to Amendment 2.  There being                                                               
no further objection, Amendment 2, as amended, was adopted.                                                                     
                                                                                                                                
2:08:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt Amendment 3, labeled 31-                                                                   
LS0889\U.7, Radford, 4/25/19, which read as follows:                                                                            
                                                                                                                                
     Page 25, line 11:                                                                                                          
          Delete "or"                                                                                                           
          Insert "[OR]"                                                                                                         
                                                                                                                                
     Page 25, line 18, following "AS 11.61.118(a)(2);":                                                                         
          Insert "or                                                                                                        
               (F)  conviction is for a crime involving                                                                     
     domestic violence; or"                                                                                                 
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
REPRESENTATIVE LEDOUX recited the following prepared remarks                                                                    
verbatim:                                                                                                                       
                                                                                                                                
     The  Alaska  Criminal  Justice  Commission  recommended                                                                    
     that the  legislature reduce  consequences for  a broad                                                                    
     range  of crimes,  but they  urged  us to  be tough  on                                                                    
     domestic violence,  probably because  there is  so much                                                                    
     of it  in Alaska.  SB  91 largely does have  teeth when                                                                    
     it comes  to domestic  violence, but  we still  treat a                                                                    
     bunch  of domestic  violence  crimes  with kid  gloves.                                                                    
     The guy punches  his girlfriend.  A judge  can send him                                                                    
     to jail for up to a  year for that class A misdemeanor.                                                                    
     But   if  that   same   guy  goes   to  his   estranged                                                                    
     girlfriend's house with a baseball  bat and smashes her                                                                    
     barbecue  while  she  and  her  children  are  cowering                                                                    
     nearby, the  judge can  only jail him  for 30  days for                                                                    
     that.   The children and  the girlfriend don't  know if                                                                    
     he's going to use that bat  on them next.  He's created                                                                    
     a  violent, terrifying  situation  but he  can only  be                                                                    
     sentenced to  30 days for that.   There is still  a lot                                                                    
     of domestic violence in Alaska.   People, mostly women,                                                                    
     are still suffering  all these other DV  crimes that we                                                                    
     don't  allow   judges  to  punish  adequately.     This                                                                    
     amendment allows  judges more  discretion.   It doesn't                                                                    
     say a judge must jail  perpetrators for longer; it says                                                                    
     judges may  do that.   It gives judges  and prosecutors                                                                    
     more  tools to  combat  Alaska's  epidemic of  domestic                                                                    
     violence. We should  give them all the  tools they need                                                                    
     to protect Alaskans.                                                                                                       
                                                                                                                                
     You  should have  at your  desk a  list of  the violent                                                                    
     crimes  that  this amendment  would  allow  a judge  to                                                                    
     punish with a  sentence of up to a year.   It's all the                                                                    
     offenses  listed  under   the  definition  of  domestic                                                                    
     violence and  crimes involving domestic  violence found                                                                    
     at  AS  18.66.990(3).    Domestic  violence  and  crime                                                                    
     involving  domestic violence  under  that section  mean                                                                    
     one or  more of  the following  offenses or  an offense                                                                    
     under  a  law  or  ordinance  of  another  jurisdiction                                                                    
     having  elements  similar  to  these  offenses,  or  an                                                                    
     attempt to  commit the offense,  by a  household member                                                                    
     against  another household  member.    And it's  crimes                                                                    
     against  a person  under AS  11.41,  burglary under  AS                                                                    
     11.46.300  to AS  11.46.310,  criminal trespass,  arson                                                                    
     and  criminally negligent  burning, criminal  mischief,                                                                    
     terrorist  threatening, violating  a protective  order,                                                                    
     harassment, cruelty to animals if the animal is a pet.                                                                     
                                                                                                                                
2:11:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked how cruelty to  animals is included                                                               
in Amendment  3, as it is  not explicitly stated in  the language                                                               
of the amendment.                                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  cruelty  to  animals  qualifies  as                                                               
domestic violence  under AS  11.61.140(a)(5) if  the animal  is a                                                               
pet.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  if that  means a  pet in  the same                                                               
household.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she  is not  sure  that the  statute                                                               
specifies that.  She explained  that the legislature considered a                                                               
bill some years ago relating to  pets and domestic violence.  She                                                               
recalled hearing   a lot of  testimony" about  divorce situations                                                               
in  which one  party "hold[s]  the pet  hostage and  [does] nasty                                                               
things to it."                                                                                                                  
                                                                                                                                
2:12:41 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN withdrew  his objection.   There  being no  further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
2:13:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  moved to  adopt  Amendment  4, labeled  31-                                                               
LS0889\U.6, Radford, 4/25/19, which read as follows:                                                                            
                                                                                                                                
     Page 1, line 5, following "test;":                                                                                       
          Insert "relating to a pretrial risk assessment                                                                      
     instrument;"                                                                                                             
                                                                                                                                
     Page 32, following line 7:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec. 51. AS 33.07.020 is amended to read:                                                                        
          Sec. 33.07.020. Duties of commissioner; pretrial                                                                    
     services. The commissioner shall                                                                                         
               (1)  appoint and make available to the                                                                           
     superior  court and  district court  qualified pretrial                                                                    
     services officers;                                                                                                         
               (2)  fix pretrial services officers'                                                                             
     salaries;                                                                                                                  
               (3)  assign pretrial services officers to                                                                        
     each judicial district;                                                                                                    
               (4)  provide for the necessary supervision,                                                                      
     training,  expenses, including  clerical services,  and                                                                    
     travel of pretrial services officers;                                                                                      
               (5)  approve a risk assessment instrument                                                                        
     that  is objective,  standardized, and  developed based                                                                    
     on  analysis   of  empirical  data  and   risk  factors                                                                    
     relevant  to  pretrial   failure,  that  evaluates  the                                                                    
     likelihood  of  failure  to appear  in  court  and  the                                                                    
     likelihood  of  rearrest  during the  pretrial  period,                                                                    
     [AND]  that  is  validated   on  the  state's  pretrial                                                                    
     population, and  that has been verified  by peer review                                                                
     as provided in (b) - (e) of this section; and                                                                          
               (6)  adopt regulations in consultation with                                                                      
     the  Department  of  Law,   the  public  defender,  the                                                                    
     Department  of Public  Safety, the  office of  victims'                                                                    
     rights, and  the Alaska  Court System,  consistent with                                                                    
     this  chapter   and  as  necessary  to   implement  the                                                                    
     program;  the regulations  must include  a process  for                                                                    
     pretrial services officers to  make a recommendation to                                                                    
     the court  concerning a  pretrial release  decision and                                                                    
     guidelines for pretrial diversion recommendations.                                                                         
        *  Sec. 52.  AS 33.07.020 is  amended by  adding new                                                                  
     subsections to read:                                                                                                       
          (b)  Before the commissioner approves a risk                                                                          
     assessment  instrument under  (a)(5)  of this  section,                                                                    
     and  every  three  years thereafter,  the  commissioner                                                                    
     shall submit  the studies on which  the risk assessment                                                                    
     instrument  is based  and other  related data  for peer                                                                    
     review by a  minimum of three separate  parties who are                                                                    
     not   employees  of   the  department   and  whom   the                                                                    
     commissioner determines to  be technically qualified in                                                                    
     the  subject  matter  under  review.  The  commissioner                                                                    
     shall ensure that the peer  review includes an analysis                                                                    
     of  the  factors  considered  by  the  commissioner  in                                                                    
     supporting  the  changes  or   additions  to  the  risk                                                                    
     assessment  instrument  proposed   to  be  adopted  and                                                                    
     recommendations,  if any,  for  additional research  or                                                                    
     investigation   considered  appropriate.   Peer  review                                                                    
     reports shall  be submitted to the  commissioner within                                                                    
     45 days after the department  submits a matter for peer                                                                    
     review   unless   the  commissioner   determines   that                                                                    
     additional time is required.                                                                                               
          (c)  Before the commissioner approves a risk                                                                          
     assessment  instrument under  (a)(5)  of this  section,                                                                    
     and  every  three  years thereafter,  the  commissioner                                                                    
     shall  make  available  to the  public,  at  convenient                                                                    
     locations  and on  the  department's Internet  website,                                                                    
     copies  of the  department's  proposed risk  assessment                                                                    
     instrument, the  findings of the  department describing                                                                    
     the  basis   for  adoption   of  the   risk  assessment                                                                    
     instrument,  and  the  peer  review  reports  submitted                                                                    
     under (b) of this section.                                                                                                 
          (d)  The commissioner shall contract with persons                                                                     
     to perform peer  review under (b) of  this section. All                                                                    
     persons shall  be selected based on  competitive sealed                                                                    
     proposals   under  AS 36.30.200   -  36.30.270   (State                                                                    
     Procurement  Code). The  commissioner may  not contract                                                                    
     with  a  person  to  perform  peer  review  under  this                                                                    
     section  if  the  person has  a  significant  financial                                                                    
     interest or other significant  interest that could bias                                                                    
     evaluation of the  proposed risk assessment instrument.                                                                    
     An interest  is not  considered significant  under this                                                                    
     subsection if it is an  interest possessed generally by                                                                    
     the  public or  a  large  class of  persons  or if  the                                                                    
     effect of  the interest on  the person's ability  to be                                                                    
     impartial is only conjectural.                                                                                             
          (e)  If one or more peer review reports submitted                                                                     
     to  the commissioner  under (b)  of this  section state                                                                    
     the risk  assessment instrument is flawed  based on the                                                                    
     analysis of  empirical data  and risk  factors relevant                                                                    
     to pretrial failure, the  commissioner shall review the                                                                    
     risk  assessment instrument  to determine  what changes                                                                    
     are  necessary, amend  the risk  assessment instrument,                                                                    
     and resubmit  the risk  assessment instrument  for peer                                                                    
     review."                                                                                                                   
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 41, line 2:                                                                                                           
          Delete "sec. 51"                                                                                                      
          Insert "sec. 53"                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
2:13:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  explained  that,  for  a  wide  variety  of                                                               
offenses,  Alaska's  judges  are  required to  make  use  of  the                                                               
state's  pretrial risk  assessment  tool.   This  tool, he  said,                                                               
plays a major, often-decisive role  in determining the conditions                                                               
under which  an offender is  released prior  to trial.   He added                                                               
that how an offender scores on  the tool is often what determines                                                               
whether  he/she   is  released   before  trial  on   his/her  own                                                               
recognizance, under electronic monitoring,  or via monetary bail.                                                               
He noted that  the tool is based on statistical  research and, as                                                               
a matter of  practice, though not of statute,  the statistics are                                                               
periodically redone as part of a validation process.                                                                            
                                                                                                                                
REPRESENTATIVE  SHAW stressed  the  importance  of ensuring  that                                                               
such  an  impactful  tool  is  viewed  by  the  public  as  being                                                               
credible.   He said  he believes the  best way to  do that  is to                                                               
ensure the studies and the  conclusions of the validation process                                                               
be  submitted  for peer  review.    He explained  that  qualified                                                               
scholars  would evaluate  the  validation  process and  recommend                                                               
changes  should it  not meet  their threshold  for approval.   He                                                               
said the scholars'  feedback would make the  tool more effective.                                                               
He  added  that  validation  studies and  the  responses  of  the                                                               
reviewers would be made available for public review.                                                                            
                                                                                                                                
REPRESENTATIVE SHAW explained that  the peer review process would                                                               
follow  a similar  one used  by the  Department of  Environmental                                                               
Conservation.  He  said the reviewers would be  selected based on                                                               
the standard state  procurement code.  He argued  that, if Alaska                                                               
is going to  use the pretrial risk assessment tool,  it should be                                                               
the best tool  possible and based on the  best research possible.                                                               
He  said Amendment  4 would  help  assure and  better inform  the                                                               
Alaskan people.                                                                                                                 
                                                                                                                                
2:15:13 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:15 p.m.                                                                                 
                                                                                                                                
2:15:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked for  a  real-life  example of  the                                                               
impact Amendment 4 would have.                                                                                                  
                                                                                                                                
REPRESENTATIVE SHAW  said it would  provide a second set  of eyes                                                               
to  ensure  no  mistakes  are  made prior  to  the  enactment  of                                                               
pretrial sentencing procedures.                                                                                                 
                                                                                                                                
CHAIR  CLAMAN withdrew  his objection.   There  being no  further                                                               
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
2:16:24 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN explained  that the  meeting would  be recessed  to                                                               
allow  Representative   Kopp  to   present  a  bill   to  another                                                               
committee.                                                                                                                      
                                                                                                                                
2:16:54 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:17 p.m.                                                                                 
                                                                                                                                
2:17:21 PM                                                                                                                    
                                                                                                                                
The House  Judiciary Standing Committee  meeting was  recessed at                                                               
2:18 p.m.  to a call  of the chair.   [The meeting  reconvened at                                                               
2:46 p.m.]                                                                                                                      
                                                                                                                                
2:46:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SHAW  moved to  adopt  Amendment  5, labeled  31-                                                               
LS0889\U.2, Radford, 4/24/19, which read as follows:                                                                            
                                                                                                                                
     Page 21, following line 11:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 37. AS 12.55.125(c) is amended to read:                                                                     
          (c)  Except as provided in (i) of this section, a                                                                     
     defendant  convicted  of  a   class  A  felony  may  be                                                                    
     sentenced  to a  definite term  of imprisonment  of not                                                                    
     more  than  20  years,  and shall  be  sentenced  to  a                                                                    
     definite term within  the following presumptive ranges,                                                                    
     subject  to adjustment  as provided  in AS 12.55.155  -                                                                    
     12.55.175:                                                                                                                 
               (1)  if the offense is a first felony                                                                            
     conviction   and   does   not   involve   circumstances                                                                    
     described in  (2) of this  subsection, five  [THREE] to                                                                
     eight [SIX] years;                                                                                                     
               (2)  if the offense is a first felony                                                                            
     conviction and the defendant                                                                                               
               [(A)] possessed a firearm, used a dangerous                                                                      
     instrument, or caused serious  physical injury or death                                                                    
     during the  commission of the  offense [, FIVE  TO NINE                                                                    
     YEARS;] or                                                                                                                 
               [(B)]  knowingly directed the conduct                                                                            
     constituting the  offense at  a uniformed  or otherwise                                                                    
     clearly   identified    peace   officer,   firefighter,                                                                    
     correctional  employee,  emergency medical  technician,                                                                    
     paramedic,  ambulance  attendant,  or  other  emergency                                                                    
     responder  who  was  engaged   in  the  performance  of                                                                    
     official duties  at the time  of the offense,  seven to                                                                    
     11 years;                                                                                                                  
               (3)  if the offense is a second felony                                                                           
     conviction, 10 [EIGHT] to 14 [12] years;                                                                           
               (4)  if the offense is a third felony                                                                            
     conviction  and   the  defendant  is  not   subject  to                                                                    
     sentencing under  (l) of  this section,  15 [13]  to 20                                                                
     years."                                                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 21, line 18:                                                                                                          
          Delete "90 days [ZERO] to two"                                                                                    
          Insert "one [ZERO] to three [TWO]"                                                                            
                                                                                                                                
     Page 22, line 5:                                                                                                           
          Delete "two to five"                                                                                                  
          Insert "four [TWO] to seven [FIVE]"                                                                           
                                                                                                                                
     Page 22, line 6:                                                                                                           
          Delete "four"                                                                                                         
          Insert "six [FOUR]"                                                                                               
                                                                                                                                
     Page 22, following line 6:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 39. AS 12.55.125(e) is amended to read:                                                                     
          (e)  Except as provided in (i) of this section, a                                                                     
     defendant  convicted  of  a   class  C  felony  may  be                                                                    
     sentenced  to a  definite term  of imprisonment  of not                                                                    
     more  than five  years,  and shall  be  sentenced to  a                                                                    
     definite term within  the following presumptive ranges,                                                                    
     subject  to adjustment  as provided  in AS 12.55.155  -                                                                    
     12.55.175:                                                                                                                 
               (1)  if the offense is a first felony                                                                            
     conviction   and   does   not   involve   circumstances                                                                    
     described  in  (4)  of this  subsection,  zero  to  two                                                                    
     years; a defendant sentenced  under this paragraph may,                                                                    
     if  the  court  finds  it  appropriate,  be  granted  a                                                                    
     suspended  imposition of  sentence under  AS 12.55.085,                                                                    
     and the  court may, as  a condition of  probation under                                                                    
     AS 12.55.086, require the defendant  to serve an active                                                                    
     term  of imprisonment  within  the  range specified  in                                                                    
     this paragraph;                                                                                                            
               (2)  if the offense is a second felony                                                                           
     conviction, two [ONE] to four years;                                                                                   
               (3)  if the offense is a third felony                                                                            
     conviction, three [TWO] to five years;                                                                                 
               (4)  if the offense is a first felony                                                                            
    conviction,     and      the     defendant     violated                                                                     
     AS 08.54.720(a)(15), one to two years."                                                                                    
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 40, line 12:                                                                                                          
          Delete "sec. 42"                                                                                                      
          Insert "sec. 44"                                                                                                      
                                                                                                                                
     Page 40, line 13:                                                                                                          
          Delete "sec. 49"                                                                                                      
          Insert "sec. 51"                                                                                                      
                                                                                                                                
     Page 40, line 14:                                                                                                          
          Delete "sec. 50"                                                                                                      
          Insert "sec. 52"                                                                                                      
                                                                                                                                
     Page 40, following line 17:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(2)  AS 12.55.125(c), as amended by sec. 37                                                                     
     of this Act;"                                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 40, line 18:                                                                                                          
          Delete "sec. 37"                                                                                                      
          Insert "sec. 38"                                                                                                      
                                                                                                                                
     Page 40, following line 18:                                                                                                
     Insert a new paragraph to read:                                                                                            
               "(4)  AS 12.55.125(e), as amended by sec. 39                                                                     
     of this Act;"                                                                                                              
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 40, line 19:                                                                                                          
          Delete "sec. 38"                                                                                                      
          Insert "sec. 40"                                                                                                      
                                                                                                                                
     Page 40, line 20:                                                                                                          
          Delete "sec. 39"                                                                                                      
          Insert "sec. 41"                                                                                                      
                                                                                                                                
     Page 40, line 21:                                                                                                          
          Delete "sec. 40"                                                                                                      
          Insert "sec. 42"                                                                                                      
                                                                                                                                
     Page 40, line 22:                                                                                                          
          Delete "sec. 41"                                                                                                      
          Insert "sec. 43"                                                                                                      
                                                                                                                                
     Page 40, line 25:                                                                                                          
          Delete "sec. 43"                                                                                                      
          Insert "sec. 45"                                                                                                      
                                                                                                                                
     Page 40, line 26:                                                                                                          
          Delete "sec. 44"                                                                                                      
          Insert "sec. 46"                                                                                                      
                                                                                                                                
     Page 40, line 27:                                                                                                          
          Delete "sec. 45"                                                                                                      
          Insert "sec. 47"                                                                                                      
                                                                                                                                
     Page 40, line 28:                                                                                                          
          Delete "sec. 46"                                                                                                      
          Insert "sec. 48"                                                                                                      
                                                                                                                                
     Page 41, line 2:                                                                                                           
          Delete "sec. 51"                                                                                                      
          Insert "sec. 53"                                                                                                      
                                                                                                                                
CHAIR CLAMAN objected for purposes of discussion.                                                                               
                                                                                                                                
2:46:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW  said Amendment  5 would  restore presumptive                                                               
sentences for felonies back to the  levels they were prior to the                                                               
passage  of Senate  Bill 91  [Passed in  the Twenty-Ninth  Alaska                                                               
State  Legislature] in  2016.   He explained  that the  amendment                                                               
would increase  felony sentences by 1  to 2 years in  most cases.                                                               
He addressed  a document prepared  by his staff [included  in the                                                               
committee  packet]  which  featured   a  table  highlighting  the                                                               
proposed changes.   He said it is axiomatic that  crime is on the                                                               
rise in  Alaska.  He  noted that he  worked in public  safety for                                                               
over  17 years  and  expressed that  he would  like  to use  that                                                               
experience to help fight crime.   He remarked that crime has many                                                               
causes,  including  drug  use, economic  conditions,  and  mental                                                               
health  issues.     He  said   Alaska's  current  laws   are  not                                                               
effectively deterring crime.   He said that needs to  change.  He                                                               
spoke  to his  experience training  law enforcement  officers and                                                               
argued   that  tougher   sentences  do   deter  offenders.     He                                                               
acknowledged  that others  may  disagree with  him  and point  to                                                               
other drivers  of crime and crime  reduction.  He said  he is not                                                               
going to  dispute their points  but stressed that  his experience                                                               
informs him that tougher sentences  must be part of the solution,                                                               
or else it is not a solution.                                                                                                   
                                                                                                                                
REPRESENTATIVE  SHAW said  the changes  he is  proposing are  not                                                               
random,  noting that  they return  to previous  norms.   He added                                                               
that the changes are the same  as what has been requested by DOL.                                                               
He argued that  they are the right changes and  urged support for                                                               
Amendment 5.                                                                                                                    
                                                                                                                                
2:48:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES asked  if there is any data  that links the                                                               
increase in crime to shorter sentences.                                                                                         
                                                                                                                                
REPRESENTATIVE  SHAW said  he does  not have  that data  at hand,                                                               
though  noted that  he  is  sure it  is  readily  available.   He                                                               
expressed  that the  intent of  Amendment 5  is to  ensure felony                                                               
conduct  is not  met  with "a  slap  on the  hand"  or a  minimal                                                               
sentence.                                                                                                                       
                                                                                                                                
2:49:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  remarked  that  if someone  is  in  jail,                                                               
he/she cannot be out committing another crime.                                                                                  
                                                                                                                                
2:49:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  began to address  Representative Stutes's                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  CLAMAN interjected  that  the matter  at hand  is                                                               
questions   for  the   maker   of  the   amendment.     He   told                                                               
Representative Eastman  to save his comments  for after questions                                                               
are finished.                                                                                                                   
                                                                                                                                
2:49:58 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  about  the fiscal  impact  of the  increases                                                               
proposed in Amendment 5.                                                                                                        
                                                                                                                                
REPRESENTATIVE SHAW answered, "There will  be a fiscal impact; we                                                               
just don't have the numbers at the moment."                                                                                     
                                                                                                                                
CHAIR  CLAMAN  noted  that  SB  32 and  HB  49,  companion  bills                                                               
introduced on  behalf of Governor  Michael J.  Dunleavy, featured                                                               
fiscal notes  entailing $43 million.   He noted that  those bills                                                               
include the same increases proposed in  Amendment 5.  He asked if                                                               
Representative  Shaw believes  that amount  accurately represents                                                               
how much Amendment 5 would cost to enact.                                                                                       
                                                                                                                                
REPRESENTATIVE SHAW  said he would  assume that to be  a ballpark                                                               
estimate.                                                                                                                       
                                                                                                                                
CHAIR  CLAMAN  relayed  that a  recent  Alaska  Criminal  Justice                                                               
Commission report  showed that  one of  the benefits  of criminal                                                               
justice reform  was that the state  of Alaska (SOA) did  not have                                                               
to  build another  prison.   He asked  for Representative  Shaw's                                                               
projection for how  soon SOA would have to build  a new prison if                                                               
the committee were to adopt Amendment 5 and HB 145 becomes law.                                                                 
                                                                                                                                
REPRESENTATIVE SHAW  said he is  hoping the reforms work  as well                                                               
as everyone would  hope, and all Amendment 5 would  do is replace                                                               
"one  bed with  another" so  SOA would  not have  to build  a new                                                               
prison.    He  noted  that the  question  assumes  that  extended                                                               
sentences mean  more people  incarcerated.   He said,    f reform                                                               
works, I would hope for the best."                                                                                              
                                                                                                                                
CHAIR CLAMAN  said he  thinks the assumption  of the  $43 million                                                               
fiscal note provided by Governor  Dunleavy is that SOA would have                                                               
substantially  increased corrections  costs "which  actually goes                                                               
to the  beds."   He remarked  that the  assumption is  that there                                                               
will  not be  a  decrease in  crime, rather  an  increase of  the                                                               
number of  people serving prison time.   He said he  does not see                                                               
how SOA saves money in the long  term and why it would not need a                                                               
new  prison.   He  asked  if Representative  Shaw  has "a  better                                                               
explanation."                                                                                                                   
                                                                                                                                
REPRESENTATIVE SHAW said he does not.                                                                                           
                                                                                                                                
2:52:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that  one benefit of  saving money  on prison                                                               
costs is that  it frees up resources to support  drug and alcohol                                                               
rehabilitation.   He asked if  Representative Shaw  knows whether                                                               
there  would be  funds available  to help  support rehabilitation                                                               
should Amendment 5 be adopted.                                                                                                  
                                                                                                                                
REPRESENTATIVE SHAW  said he  would hope that  part of  the funds                                                               
would be used  for behavior modification.  He noted  that it is a                                                               
priority to intercede early in  crime-related matters in order to                                                               
avoid future  problems.  He said  he would like to  see a portion                                                               
of   the  funds   go  toward   crime-prevention  and   supporting                                                               
individuals who need help.                                                                                                      
                                                                                                                                
2:53:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  said Amendment 5  would allow SOA  "to put                                                               
people in  jail time and  time again."   She relayed  a statistic                                                               
she read  that 60  percent of recidivists  in Alaska  have mental                                                               
health problems.   She asked how stiffer  sentences would benefit                                                               
the large percentage  of the prison population  "who don't belong                                                               
there in the first place."                                                                                                      
                                                                                                                                
REPRESENTATIVE SHAW  remarked that if  a person is in  jail, then                                                               
more likely than not that person  belongs in jail.  He noted that                                                               
if there is some issue such  as drug abuse or mental illness that                                                               
has contributed  to an individual's  incarceration, he  hopes SOA                                                               
can help prevent  that individual from recidivating.   He said he                                                               
cannot  say  how  many  people   are  incarcerated  for  criminal                                                               
activity  related to  drug abuse  or  mental health  issues.   He                                                               
noted  that   SOA  can   better  help   people  while   they  are                                                               
incarcerated than  by letting  them by  releasing them  to commit                                                               
more crimes.                                                                                                                    
                                                                                                                                
2:54:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked where  Representative Stutes got the                                                               
60 percent  mental illness number.   He expressed that  one would                                                               
have to define someone who commits  a crime as being mentally ill                                                               
by default to get  those kinds of high numbers.   He said he does                                                               
not think that,  absent the crime, that 60 percent  of inmates or                                                               
more are otherwise considered mentally ill.                                                                                     
                                                                                                                                
REPRESENTATIVE  STUTES  said  she  derived  that  number  from  a                                                               
presentation before  the House Finance  Committee.  She  said she                                                               
thinks the number  used was 65 or 66 percent  of people currently                                                               
incarcerated in Alaska have mental problems.                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that  it is well-documented  that DOC  is the                                                               
largest mental  health provider in  Alaska.  He said  he believes                                                               
that fact is based on diagnosed mental illnesses.                                                                               
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   which   agency  provided   those                                                               
statistics to the House Finance Committee.                                                                                      
                                                                                                                                
REPRESENTATIVE STUTES said she believes it was DOC.                                                                             
                                                                                                                                
2:56:41 PM                                                                                                                    
                                                                                                                                
KELLY   GOODE,  Deputy   Commissioner   &  Legislative   Liaison,                                                               
Department of  Corrections, said  she does not  want to  speak to                                                               
the actual percentage, as she does  not have the numbers in front                                                               
of her.   She confirmed  that DOC is  a very large  mental health                                                               
provider.   She noted  that mental  health statistics  consider a                                                               
spectrum  of  issues that  range  from  acute mental  illness  to                                                               
anxiety  and depression.    She confirmed  that  DOC houses  many                                                               
people who require assistance.                                                                                                  
                                                                                                                                
CHAIR  CLAMAN asked  whether  under the  current  version of  the                                                               
Diagnostic and Statistical Manual  of Mental Disorders (DSM), the                                                               
simple fact that  one has committed a  criminal offense qualifies                                                               
a person  for a diagnosable  illness as relates to  discussion of                                                               
DOC being a mental health provider.                                                                                             
                                                                                                                                
MS. GOODE said she would rather  not try to answer that question.                                                               
She said she can get back to the committee with an answer.                                                                      
                                                                                                                                
2:57:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked how  many  of  the 60  percent  are                                                               
people who  truly need  to be  in a facility  such as  the Alaska                                                               
Psychiatric Institute  (API) versus those who  suffer from issues                                                               
such  as anxiety  that may  affect broad  swathes of  the general                                                               
population.                                                                                                                     
                                                                                                                                
MS.  GOODE said  she can  get back  to the  committee with  those                                                               
numbers but  noted that when  an inmate needs  to be at  API, DOC                                                               
doctors work with API to address that need.                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  what  the committee  is  trying  to                                                               
figure  out is  not how  well DOC  is helping  people with  major                                                               
mental health  issues, but whether or  not it makes sense  to put                                                               
those people  in prison.   She said  there is an  idea that  if a                                                               
person  is  afflicted with  major  mental  health problems,  then                                                               
maybe he/she does not belong in  prison.  She noted that a person                                                               
who  suffers   from  depression   or  anxiety  is   "a  different                                                               
ballgame."                                                                                                                      
                                                                                                                                
MS. GOODE  said she understands  what the committee  is weighing,                                                               
and that the  decision is a policy call.   She commented that the                                                               
people in DOC custody who have  major mental health issues are in                                                               
DOC custody  for some offense,  and that DOC's  medical providers                                                               
are helping  those individuals with  their mental  health issues.                                                               
As relates to Amendment 5 and  determining who and who should not                                                               
be incarcerated, she said it is  a larger policy call that should                                                               
be looked at more broadly.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  said it would  help the committee  to know                                                               
what percentage  of the  people housed by  DOC have  major mental                                                               
health issues as opposed to  relatively more benign mental health                                                               
issues such as depression and anxiety.                                                                                          
                                                                                                                                
MS. GOODE asked  if she is referring  to those who may  be in DOC                                                               
custody under AS 47.                                                                                                            
                                                                                                                                
REPRESENTATIVE  LEDOUX clarified  that  she means  those who  are                                                               
imprisoned for having committed a crime.                                                                                        
                                                                                                                                
MS. GOODE said  she can get those numbers to  the committee.  She                                                               
said  she does  not  want  to answer  without  knowing the  exact                                                               
numbers.                                                                                                                        
                                                                                                                                
3:00:45 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  noted that, in terms  of timing, it is  unlikely to                                                               
make an impact  in terms of the decision whether  or not to adopt                                                               
Amendment  5.   He described  the  request for  those numbers  as                                                               
 fair and  reasoned curiosity  about  the prison population.   He                                                               
said it is not vital to have those numbers today.                                                                               
                                                                                                                                
REPRESENTATIVE LEDOUX expressed that she  would like to see those                                                               
numbers before HB 145 is heard on the House floor.                                                                              
                                                                                                                                
MS.  GOODE  said  Laura  Brooks,  Deputy  Director  of  Health  &                                                               
Rehabilitative Services, recently  presented those numbers before                                                               
the House Finance Committee.  She  said she can get those numbers                                                               
to Representative LeDoux in the next few days.                                                                                  
                                                                                                                                
CHAIR CLAMAN said  he would appreciate if  the committee received                                                               
those numbers by Monday.                                                                                                        
                                                                                                                                
3:01:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked  if it the case that DOC  has in its                                                               
custody inmates  who belong  at API,  but API  cannot accommodate                                                               
them.  If so, he added, how many?                                                                                               
                                                                                                                                
MS. GOODE answered that DOC houses  people like that from time to                                                               
time.   She said the  number changes  depending on what  beds are                                                               
available at API.  She added that it is a low number.                                                                           
                                                                                                                                
REPRESENTATIVE EASTMAN asked if it is under 5 percent.                                                                          
                                                                                                                                
MS. GOODE said it is very rarely more than 10 individuals.                                                                      
                                                                                                                                
3:03:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN   asked   for  confirmation   that   the                                                               
provisions in  Amendment 5 match  those in other  bills supported                                                               
by DOL.  He asked why DOL supports those provisions.                                                                            
                                                                                                                                
MS. SCHROEDER  said Amendment  5 mirrors  provisions that  are in                                                               
Governor Dunleavy's crime package.   She said part of the thought                                                               
process was  that DOL had seen  an uptick in crime  and wanted to                                                               
give  judges additional  tools to  deal with  the increase.   She                                                               
explained that she is not "the  data person" so she does not have                                                               
any numbers to present.                                                                                                         
                                                                                                                                
REPRESENTATIVE EASTMAN referenced the  earlier discussion that it                                                               
would cost approximately $43 million  to implement the provisions                                                               
contained in Amendment 5.  He  asked if that is the best estimate                                                               
available.   He also asked  whether the  $43 million figure  is a                                                               
one-time cost or if it is expected to be an annual cost                                                                         
                                                                                                                                
MS.  SCHROEDER deferred  to Ms.  Goode, as  the fiscal  note from                                                               
which that number is derived was submitted by DOC.                                                                              
                                                                                                                                
MS. GOODE,  after hearing the  question repeated, noted  that the                                                               
fiscal note was  prepared by DOC's Office of  Management & Budget                                                               
(OMB)  Administrative  Services Director  (ASD).    She said  the                                                               
fiscal note, which she clarified is  for a different bill, is for                                                               
approximately $41  million every  year, not just  one year.   She                                                               
added  that the  fiscal note  will be  revised due  to amendments                                                               
added to  its bill.  She  speculated that Amendment 5  has all of                                                               
the  costs from  the other  bill, though  noted that  she is  not                                                               
certain and would have to do a more thorough analysis.                                                                          
                                                                                                                                
3:06:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STUTES  asked  if  the fiscal  note  in  question                                                               
includes  the costs  that would  be  incurred by  having to  make                                                               
additional  beds  available,  such  as by  reopening  the  Palmer                                                               
Correctional Center.                                                                                                            
                                                                                                                                
MS. GOODE  relayed that the  Senate Finance  Committee determined                                                               
the cost  of reopening  the Palmer  Correctional Center  would be                                                               
approximately $5.8  million to  $6 million.   She noted  that the                                                               
cost of care for inmates is already included in the fiscal note.                                                                
                                                                                                                                
REPRESENTATIVE STUTES asked for  confirmation that the additional                                                               
cost of  opening the Palmer  Correctional Center is  not included                                                               
in the fiscal note.                                                                                                             
                                                                                                                                
MS. GOODE  noted that DOC's ASD  handles fiscal notes.   She said                                                               
it is her understanding that  the ASD will include the additional                                                               
funds in a revised fiscal note.                                                                                                 
                                                                                                                                
REPRESENTATIVE STUTES  asked for  clarification that the  cost of                                                               
reopening the Palmer Correctional Center  was not included in the                                                               
fiscal  note  that  was  presented  but will  be  included  in  a                                                               
forthcoming note.                                                                                                               
                                                                                                                                
MS. GOODE said that is correct.                                                                                                 
                                                                                                                                
3:09:08 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked Ms. Goode how long she has worked for DOC.                                                                   
                                                                                                                                
MS. GOODE said she came on with the new administration.                                                                         
                                                                                                                                
CHAIR  CLAMAN  asked whether  DOC  believes  it can  satisfy  the                                                               
expected increase  in inmates as  a result of  sentencing changes                                                               
solely through  reopening the Palmer Correctional  Center and, if                                                               
not, when it expects it would need to construct a new prison.                                                                   
                                                                                                                                
MS. GOODE  answered that currently  the only thing  discussed has                                                               
been the reopening of the Palmer Correctional Center.                                                                           
                                                                                                                                
3:10:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   said  that,   now  that  it   has  been                                                               
established that there are costs  associated with Amendment 5, he                                                               
wants to  weigh the return  on those costs.   He asked  about the                                                               
projected impacts on public safety and crime.                                                                                   
                                                                                                                                
MS. SCHROEDER  said increases in  sentences can have  a deterrent                                                               
effect.  She added that if  a person is in custody, he/she cannot                                                               
commit further  crimes against  the public.   She said  those are                                                               
the immediate  benefits.  She  noted that Amendment 5  would also                                                               
grant  judges additional  tools  to deal  with  the cases  before                                                               
them.                                                                                                                           
                                                                                                                                
3:11:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SHAW noted that it  has been difficult to organize                                                               
data around Amendment 5 because HB  145 was introduced only a few                                                               
days prior.   He said the reason he made  and moved the amendment                                                               
is because  first-time class B felony  offenses currently require                                                               
no jail  time.  He said  that under HB 145,  the minimum sentence                                                               
would  move   to  90   days,  which   he  characterized   as  not                                                               
appropriate.   He opined that  a one-year minimum  sentence would                                                               
be appropriate.                                                                                                                 
                                                                                                                                
3:12:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  said he  agrees  that  fixing the  class  B                                                               
felony sentencing  structure is warranted.   He remarked  that he                                                               
wishes there was an  amendment just to do that.   He said his law                                                               
enforcement experience taught  him that people who  get caught up                                                               
in  drug possession  are often  young adults  who have  made poor                                                               
life  choices and/or  people who  are  dealing with  trauma.   He                                                               
clarified  that those  people are  not  drug traffickers,  rather                                                               
just  possessors.   He spoke  to the  cycle of  incarceration and                                                               
release.  He noted that, despite  being "a law and order guy," he                                                               
questions whether that system works.                                                                                            
                                                                                                                                
REPRESENTATIVE KOPP referenced the case  Smith v. State and noted                                                             
that it demonstrates  how major drug runners can  run their whole                                                               
operations  from jail  and continue  to perpetuate  crime against                                                               
the public.   He  said he would  support increased  penalties for                                                               
"real bad  guy[s]" who  oversee continuing  criminal enterprises.                                                               
He  acknowledged  Representative  Shaw's   point  about  class  B                                                               
felonies but argued that punishments  should be proportional.  He                                                               
listed several crimes  that are class C felonies:  assault in the                                                               
third degree,  sexual assault in  the third degree,  sexual abuse                                                               
of a minor in the  third degree, custodial interference, burglary                                                               
in the second degree, vehicle  theft, theft in the second degree,                                                               
killing a  police dog,  sex with a  juvenile prostitute,  and sex                                                               
trafficking in the  third degree. He raised  the question whether                                                               
possessing a  bill without  a prescription is  as serious  as the                                                               
listed crimes.                                                                                                                  
                                                                                                                                
REPRESENTATIVE KOPP said  he agreed that "we need  to get tougher                                                               
on crime"  and advocated for  an approach that targets  those who                                                               
are not  participating in their  own rehabilitation.  He  said he                                                               
would support some  of what is contained in Amendment  5 "in more                                                               
nuanced forms."                                                                                                                 
                                                                                                                                
3:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said he finds  it odd that the  only type                                                               
of funding discussed by the  committee is the funding provided by                                                               
SOA to  DOC.  He noted  that the committee has  not discussed the                                                               
financial cost borne  by the public.  He relayed  that a relative                                                               
of his staff  was the victim of a home  invasion robbery attempt.                                                               
He noted  that he  personally knows others  who have  had similar                                                               
experiences in  the time since  criminal sentences  were reduced.                                                               
He argued that,  by not passing amendments like  Amendment 5, the                                                               
committee is saving money for  the state but is imposing personal                                                               
costs on  the people  of Alaska through  being victims  of crime,                                                               
spending on home security, and  having their property stolen.  He                                                               
said he does not see that as a  win for SOA even if the result is                                                               
less money spent by DOC.                                                                                                        
                                                                                                                                
3:19:11 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN said  the amendment  raises a  number of  questions                                                               
related  to  presumptive  sentences  and whether  "we  trust  the                                                               
courts  to figure  things out."   He  noted that  the presumptive                                                               
sentencing structure does not prevent  the courts from sentencing                                                               
a first-time offender to the  maximum sentence that is allowed by                                                               
law.   He said all that  is required to go  above the presumptive                                                               
range is that  the court finds aggravating factors,  and all that                                                               
is required to  go below the presumptive range is  that the court                                                               
finds mitigating factors.   He said the  criminal justice reforms                                                               
made in recent years recognized  that judges need more discretion                                                               
and not  less.  He  added that  the reforms also  recognized that                                                               
SOA's corrections  spending was unsustainable unless  SOA started                                                               
pulling from  other essential  services, such  as education.   He                                                               
noted that DOC's  population had grown 27 percent  over a 10-year                                                               
period  while  the population  of  the  state  had grown  only  9                                                               
percent.   He said the most  telling factor for whether  a person                                                               
will turn to a life of crime is  whether or not he/she has a high                                                               
school diploma.                                                                                                                 
                                                                                                                                
CHAIR CLAMAN  remarked that  Governor Dunleavy's  proposed budget                                                               
reinforces that the  committee must make priority  decisions.  He                                                               
said the  governor's priority is  to issue $3,000  permanent fund                                                               
dividend (PFD)  checks at the  expense of education funding.   He                                                               
said  that means,  should presumptive  sentences  return to  pre-                                                               
reform levels, every dollar that  will be spent on corrections is                                                               
one fewer dollar  spent on education.  He stressed  that it would                                                               
mean  more money  spent  on incarcerating  more  people and  less                                                               
spent on  education.  He said  this would result in  fewer people                                                               
graduating from high  school with a high school  diploma and more                                                               
people  growing  up  in  families with  histories  of  crime  and                                                               
drug/alcohol abuse.  He said those  people "will be coming to the                                                               
same place and going down the same path."                                                                                       
                                                                                                                                
CHAIR CLAMAN said  he has always liked the idea  of the deterrent                                                               
effect  but noted  that he  has seen  people go  into prison  and                                                               
return "to their same crimes  because of their addictions ... and                                                               
their lack  of education."  He  spoke to the topic  of priorities                                                               
and noted that SOA did not  have to construct a new prison during                                                               
the last five years.   He said that would not  have been the case                                                               
if the legislature  had not passed criminal justice  reforms.  He                                                               
said  SOA  is  starting  to  see benefits  in  terms  of  reduced                                                               
recidivism.  He  stated that, for all those reasons,  he will not                                                               
be supporting Amendment 5.                                                                                                      
                                                                                                                                
3:22:34 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  LeDoux, Eastman,                                                               
and   Shaw   voted   in   favor    of   adopting   Amendment   5.                                                               
Representatives  Stutes,  Kopp,  and  Claman  voted  against  it.                                                               
Therefore, Amendment 5 was not adopted by a vote of 3-3.                                                                        
                                                                                                                                
3:23:11 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN announced  that HB  145 would  be held  for further                                                               
review.                                                                                                                         
                                                                                                                                
3:24:10 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The House  Judiciary Standing Committee  meeting was  recessed at                                                               
3:24 p.m., to be continued at 1:00 p.m. on April 27, 2019.                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB145 ver U 4.24.19.PDF HJUD 4/24/2019 1:00:00 PM
HJUD 4/25/2019 5:15:00 PM
HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Sponsor Statement ver U 4.24.19.pdf HJUD 4/24/2019 1:00:00 PM
HJUD 4/25/2019 5:15:00 PM
HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Sectional Analysis ver U 4.24.19.pdf HJUD 4/24/2019 1:00:00 PM
HJUD 4/25/2019 5:15:00 PM
HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Additional Document- ACLU Letter 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Supporting Document-Public Comment 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Opposing Document-Public Comment 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Amendments #1-5 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Additional Document-Supporting Document for Amendment #3 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Additional Document-Supporting Document for Amendment #5 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145
HB145 Amendments #1-5 HJUD Final Votes 4.26.19.pdf HJUD 4/26/2019 1:00:00 PM
HB 145