Legislature(2019 - 2020)GRUENBERG 120

04/27/2019 01:00 PM JUDICIARY

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01:10:18 PM Start
01:11:07 PM HB49
02:15:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 04/26/19 --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
Heard & Held
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 27, 2019                                                                                         
                           1:10 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chuck Kopp                                                                                                       
Representative Louise Stutes                                                                                                    
Representative Adam Wool (appeared telephonically)                                                                              
Representative Laddie Shaw                                                                                                      
Representative David Eastman                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 49                                                                                                               
"An  Act relating  to  criminal law  and  procedure; relating  to                                                               
controlled  substances;   relating  to  probation;   relating  to                                                               
sentencing;  relating  to   reports  of  involuntary  commitment;                                                               
amending  Rule  6,  Alaska  Rules   of  Criminal  Procedure;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  49                                                                                                                  
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       JUD, FIN                                                                                               
03/22/19       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/22/19       (H)       Heard & Held                                                                                           
03/22/19       (H)       MINUTE(JUD)                                                                                            
03/25/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/25/19       (H)       Heard & Held                                                                                           
03/25/19       (H)       MINUTE(JUD)                                                                                            
03/27/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/27/19       (H)       Scheduled but Not Heard                                                                                
04/27/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LIZZIE KUBITZ, Staff                                                                                                            
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced and explained the proposed                                                                    
Committee Substitute to HB 49.                                                                                                  
                                                                                                                                
KATHY SWANSON                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
BOB SWANSON                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
DON HABEGER, Community Coordinator                                                                                              
Juneau Reentry Coalition                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 49.                                                                        
                                                                                                                                
NOAH WILLIAMS                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
NOLA LAMKEN                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
MICHAEL BERGER                                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
SID ATWOOD, Board Member                                                                                                        
Advisory Board on Alcoholism and Drug Abuse                                                                                     
Department of Health and Social Services                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified on his own behalf during the                                                                   
hearing on HB 49.                                                                                                               
                                                                                                                                
KARA NELSON                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to HB 49.                                                                        
                                                                                                                                
PHIL SHANAHAN                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
JEANNE GERHARDT-CYRUS                                                                                                           
Kiana, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
NORIA CLARK                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during the hearing on HB 49.                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:10:18 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  back to  order  at 1:10  p.m.   Representatives  LeDoux,                                                               
Eastman, Stutes,  Shaw, and  Claman were present  at the  call to                                                               
order.   Representatives Wool  (telephonically) and  Kopp arrived                                                               
as the meeting  was in progress.  [The meeting  had been recessed                                                               
at 3:24 p.m. on April 26, 2019.]                                                                                                
                                                                                                                                
        HB  49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                    
                                                                                                                                
1:11:07 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  49,  "An  Act  relating  to  criminal  law  and                                                               
procedure;  relating   to  controlled  substances;   relating  to                                                               
probation;  relating  to  sentencing;   relating  to  reports  of                                                               
involuntary  commitment;   amending  Rule  6,  Alaska   Rules  of                                                               
Criminal Procedure;  and providing  for an  effective date."   He                                                               
introduced  his  staff,  Lizzie Kubitz,  to  explain  a  proposed                                                               
committee substitute (CS).                                                                                                      
                                                                                                                                
1:11:43 PM                                                                                                                    
                                                                                                                                
LIZZIE KUBITZ,  Staff, Representative  Matt Claman,  Alaska State                                                               
Legislature,  introduced and  presented a  sectional analysis  of                                                               
the proposed CS  to HB 49, Version 31-GH1029\M (Version  M).  She                                                               
paraphrased  from the  sectional analysis  document [included  in                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
                         House Bill 49                                                                                        
                 Sectional Analysis  Version M                                                                                
           Prepared by the House Judiciary Committee                                                                          
                                                                                                                                
     Section 1                                                                                                              
     AS 11.41.110(a)  Murder in the second degree.                                                                              
     Conforming   amendment.  Amends   AS  11.41.110(a)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 2                                                                                                              
     AS 11.41.150(a)  Murder of an unborn child.                                                                                
     Conforming   amendment.  Amends   AS  11.41.150(a)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 3                                                                                                              
     AS 11.41.432(a)  Defenses.                                                                                                 
     Removes marriage as a defense  if the person engages in                                                                    
     sexual activity with their spouse  when they know their                                                                    
     spouse is incapacitated or unaware  that the sexual act                                                                    
     is being committed.                                                                                                        
                                                                                                                                
     Because of  the complex  legal and factual  issues that                                                                    
     may  arise, the  defense of  marriage still  applies in                                                                    
     situations  where a  spouse is  the caretaker  of their                                                                    
     partner who is "mentally  incompetent" with dementia or                                                                    
     Alzheimer's, or is mentally ill,  but still consents to                                                                    
     the contact.                                                                                                               
                                                                                                                                
     A person who is incapacitated  or unaware that a sexual                                                                    
     act is being committed  is legally and factually unable                                                                    
     to   consent  to   sexual  activity.   In  most   other                                                                    
     circumstances, unless specifically  excluded by statute                                                                    
     or  case  law,  consent  remains a  defense  to  sexual                                                                    
     assault.                                                                                                                   
                                                                                                                                
     Section 4                                                                                                              
     AS 11.41.452(a)  Online enticement of a minor.                                                                             
     Removes  the word  "online" from  the crime  of "online                                                                    
     enticement"  criminalizing any  enticement  of a  minor                                                                    
     regardless of whether the enticement occurs "online."                                                                      
                                                                                                                                
     Section 5                                                                                                              
     AS 11.41.452(d)  Online enticement of a minor.                                                                             
     Removes  the word  "online" from  the crime  of "online                                                                    
     enticement" and  makes solicitation of a  minor for sex                                                                    
     a class B felony.                                                                                                          
                                                                                                                                
                                                                                                                                
     Section 6                                                                                                              
     AS 11.41.452(e)  Online enticement of a minor.                                                                             
     Removes the  words "online  enticement" from  the crime                                                                    
     of "enticement of a minor."                                                                                                
                                                                                                                                
     Section 7                                                                                                              
     AS 11.46.130(a)  Theft in the second degree.                                                                               
     Conforming   amendment.  Amends   AS  11.46.130(a)   to                                                                    
     reflect the changes made in Section 14.                                                                                    
                                                                                                                                
     Removes inflation adjustment.                                                                                              
                                                                                                                                
     Sections 8 -13                                                                                                         
     AS  11.46.140(a),   -.150(a),  -.220(c),   -.260(b),  -                                                                    
     .270(b),  -.280(d)  Removes inflation  adjustment  from                                                                    
     property crime statutes.                                                                                                   
                                                                                                                                
     Section 14                                                                                                             
     AS 11.46.285    Fraudulent use  of an access  device or                                                                    
     identification document.                                                                                                   
     Amends AS 11.46.285, the  statute related to fraudulent                                                                    
     use  of  an  access  device, to  include  theft  of  an                                                                    
     identification  document. This  clarification addresses                                                                    
     a gap in the statute  identified in Kankanton v. State,                                                                    
     342  P.3d   840  (Alaska  Ct.  App.   2015).  With  the                                                                    
     amendment, the  offense will include fraudulent  use of                                                                    
     both an access device and an identification document.                                                                      
                                                                                                                                
     The amendment  also restructures the offense  levels to                                                                    
     a class  B felony if  the theft using an  access device                                                                    
     or identification document is  $25,000 or more, a class                                                                    
     C felony  if the  theft is  $75 or  more and  less than                                                                    
     $25,000,  and a  class A  misdemeanor if  the theft  is                                                                    
     less than  $75. These  financial levels  for Fraudulent                                                                    
     Use of an Access  Device or Identification Document are                                                                    
     different from  the financial levels  for Theft  in the                                                                    
     Second Degree (AS                                                                                                          
     11.46.130: $750 to $25,000), Theft  in the Third Degree                                                                    
     (AS 11.46.140: $250  to $750), and Theft  in the Fourth                                                                    
     Degree  (AS  11.46.150:  less than  $250)  because  the                                                                    
     impact on the victim of  identity theft is more serious                                                                    
     than the effect on a  victim of theft. In addition, the                                                                    
     requirement  of  proof  of  intent  to  defraud  in  AS                                                                    
     11.46.285 is a more  serious culpability than intent to                                                                    
     deprive another of property in AS 11.46.100.                                                                               
                                                                                                                                
     Removes inflation adjustment.                                                                                              
                                                                                                                                
     Section 15                                                                                                             
     AS 11.46.295  Prior convictions.                                                                                           
     Amends the application of  "prior convictions" to apply                                                                    
     to  theft  in  the  third  degree  in  determining  the                                                                    
     existence of prior convictions  in the recidivist theft                                                                    
     statutes.                                                                                                                  
                                                                                                                                
     Section 16                                                                                                             
     AS 11.46.360(a)  Vehicle theft in the first degree.                                                                        
     Removes inflation adjustment.                                                                                              
                                                                                                                                
     Section 17                                                                                                             
     AS  11.46.370     Possession  of  motor  vehicle  theft                                                                    
     tools.                                                                                                                     
     Adds   a  new   section  establishing   the  crime   of                                                                    
     possession of  motor vehicle theft  tools as a  class A                                                                    
     misdemeanor.                                                                                                               
     The new crime is  similar to AS 11.46.315Possession  of                                                                    
     burglary tools, which is also a class A misdemeanor.                                                                       
                                                                                                                                
     In addition to mechanical tools  used to unlock a motor                                                                    
     vehicle,   the   amendment  includes   an   "electronic                                                                    
     unlocking  device"  as  a  motor  vehicle  theft  tool.                                                                    
     "Electronic  unlocking  devices"  are devices  used  to                                                                    
     capture the electronic signals from  key fobs and other                                                                    
     electronic locking  systems to  unlock a  motor vehicle                                                                    
     without permission.  The amendment  does not  include a                                                                    
     screwdriver as  a motor vehicle  theft tool, just  as a                                                                    
     screwdriver is not a burglary tool in AS 11.46.315.                                                                        
                                                                                                                                
     Sections 18-23                                                                                                         
     AS  11.46.482(a),   -.484(a),  -.486(a),   -.530(b),  -                                                                    
     .620(d),  -.730(c)  Removes inflation  adjustment  from                                                                    
     property crime statutes.                                                                                                   
                                                                                                                                
     Section 24                                                                                                             
     AS 11.46.980    Determination of value;  aggregation of                                                                    
     amounts.                                                                                                                   
     Adds a  new subsection  (e) that allows  prosecutors to                                                                    
     aggregate crimes  under theft  in the second  degree if                                                                    
     they occur  within 180  days, the  amount is  more than                                                                    
     $750  and  less  than  $25,000,  and  the  property  or                                                                    
     services  are  taken  from  one   or  more  persons  or                                                                    
     commercial establishments.                                                                                                 
                                                                                                                                
     Under  current  law,  the  prosecution  aggregates  the                                                                    
     theft amounts  when it can prove  that the defendant(s)                                                                    
     committed  the  criminal  acts  "under  one  course  of                                                                    
     conduct." AS 11.47.980(c), see  Buckwalter v. State, 23                                                                    
     P.3d 81 (Alaska  Ct. App. 2001). This  amendment to the                                                                    
     statutes does not  require proof of a  single course of                                                                    
     conduct and,  instead, requires  proof that  the crimes                                                                    
     occurred  within 180  days and  were from  one or  more                                                                    
     persons or commercial establishments.                                                                                      
                                                                                                                                
     Section 25                                                                                                             
     AS  11.56.810(a)      Terroristic  threatening  in  the                                                                    
     second degree.                                                                                                             
     Amends  the   second  degree   terroristic  threatening                                                                    
     statute to cover an  individual who knowingly threatens                                                                    
     to  commit a  crime against  a person  or property  and                                                                    
     recklessly disregards  the risk  that the  threats will                                                                    
     cause the evacuation of a  building, will cause serious                                                                    
     public  inconvenience, or  will place  the public  or a                                                                    
     substantial  group of  the public  in  fear of  serious                                                                    
     physical  injury.  The   amended  statute  covers  real                                                                    
     threats of violence as well as false threats.                                                                              
                                                                                                                                
     Terroristic  threatening   in  the  second   degree  is                                                                    
     directed at  threats that, if  carried out,  are likely                                                                    
     to affect  a substantial  number of people.  Threats to                                                                    
     schools,  trains,  buses,  airplanes,  businesses,  and                                                                    
     offices are  examples reflected  in tragic  events over                                                                    
     the past  25-30 years. The amendment  addresses conduct                                                                    
     that  is usually  different from  assault in  the third                                                                    
     degree,  AS   11.41.220(a)(1)(A),  which   addresses  a                                                                    
     person  placing another  person  "in  fear of  imminent                                                                    
     serious  physical  injury  by   means  of  a  dangerous                                                                    
     instrument,"  and AS  11.41.220(a)(2), which  addresses                                                                    
     "repeated threats  to cause  death or  serious physical                                                                    
     injury   to    another   person."    Both   terroristic                                                                    
     threatening  in the  second degree  and assault  in the                                                                    
     third degree are class C felonies.                                                                                         
                                                                                                                                
     Section 26                                                                                                             
     AS  11.71.025      Misconduct  involving  a  controlled                                                                    
     substance in the second degree.                                                                                            
     Creates an additional  tier of drug offense  (a class A                                                                    
     felony) for  possession with  intent to  manufacture or                                                                    
     deliver  large  quantities  of schedule  IA  controlled                                                                    
     substances,  which  include  opiates  and  heroin,  and                                                                    
     schedule  IIA  controlled   substances,  which  include                                                                    
     methamphetamines.  The  higher  felony level  for  this                                                                    
     controlled  substance offense  is  directed at  dealers                                                                    
     and distributors,  and not at the  possession level. In                                                                    
     Alaska, the federal  government prosecutes the majority                                                                    
     of  large  quantity  drug  dealers.  The  penalties  in                                                                    
     federal court  for similar quantities are  greater than                                                                    
     the penalties  in this amendment.  This class  A felony                                                                    
     offense  would give  state  prosecutors  an option  for                                                                    
     prosecuting  large-quantity drug  dealers when  federal                                                                    
     prosecutors may decline the case.                                                                                          
                                                                                                                                
     Section 27                                                                                                             
     AS  11.71.030(a)    Misconduct  involving a  controlled                                                                    
     substance in the second degree.                                                                                            
     Conforming   amendment.  Amends   AS  11.71.030(a)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
                                                                                                                                
     Section 28                                                                                                             
     AS  11.71.030(d)    Misconduct  involving a  controlled                                                                    
     substance in the second degree.                                                                                            
     Conforming   amendment.  Amends   AS  11.71.030(d)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 29                                                                                                             
     AS  11.71.040(a)    Misconduct  involving a  controlled                                                                    
     substance in the third degree.                                                                                             
     Conforming   amendment.  Amends   AS  11.71.040(a)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Amends  subsection  (a)  by  establishing  a  basis  to                                                                    
     prosecute repeat offenders of  possession of any amount                                                                    
     of schedule  IA or IIA controlled  substances (opiates,                                                                    
     heroin,  and methamphetamine)  at  the  class C  felony                                                                    
     level. Specifically, a person  commits a felony if they                                                                    
     possess any  amount of  a schedule IA  or IIA  drug and                                                                    
     they have  been 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 as                                                                    
     described  in  the statute.  Also  provides  a 10  year                                                                    
     "look  back"  for  prior  misdemeanor  drug  possession                                                                    
     convictions for drug offenses.                                                                                             
                                                                                                                                
     Confirms  that  certain  possession  felonies  are  not                                                                    
     affected by  this new  provision: felony  possession of                                                                    
     heroin/opiates near  a school (AS  11.71.030(a)(3)) and                                                                    
     felony    possession   of    date   rape    drugs   (AS                                                                    
     11.71.040(a)(3)).                                                                                                          
                                                                                                                                
     Section 30                                                                                                             
     AS  11.71.040(d)    Misconduct  involving a  controlled                                                                    
     substance in the fourth degree.                                                                                            
     Conforming   amendment.  Amends   AS  11.71.040(d)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 31                                                                                                             
     AS  11.71.050      Misconduct  involving  a  controlled                                                                    
     substance in the fifth degree.                                                                                             
     Two conforming  amendments. First,  the bill  amends AS                                                                    
     11.71.050 to  reflect the changes  made in  Section 26.                                                                    
     Second, the  bill amends  AS 11.71.050(a)(4)  by adding                                                                    
     the   new   paragraph   of   Section   29   above   (AS                                                                    
     11.71.040(a)(12)) into  the list of exemptions  of what                                                                    
     constitutes misdemeanor drug possession.                                                                                   
                                                                                                                                
     Section 32                                                                                                             
     AS  11.71.060      Misconduct  involving  a  controlled                                                                    
     substance in the sixth degree.                                                                                             
     Conforming  amendment. Amends  AS 11.71.060  to reflect                                                                    
     the changes made in Section 26.                                                                                            
                                                                                                                                
     Section 33                                                                                                             
     AS  11.71.311(a)      Restriction  on  prosecution  for                                                                    
     certain persons in connection with a drug overdose.                                                                        
     Two conforming  amendments. First,  the bill  amends AS                                                                    
     11.71.311(a)  to reflect  the changes  made in  Section                                                                    
     26.                                                                                                                        
     Second, the  bill amends AS 11.71.311(a)  by adding the                                                                    
     new  paragraphs  of  Section   26  (AS  11.71.025)  and                                                                    
     Section  34  (AS  11.71.040(a)(12)) into  the  list  of                                                                    
     crimes  that  may  not be  prosecuted  if  that  person                                                                    
     sought in good faith  either medical or law enforcement                                                                    
     aide for  another person they  believed to be  having a                                                                    
     drug overdose.                                                                                                             
                                                                                                                                
     Section 34                                                                                                             
     AS 12.55.015  Authorized sentences; forfeiture.                                                                            
     Amends  AS   12.55.015  by  adding  a   new  subsection                                                                    
     specifying that  in the cases  of domestic  violence or                                                                    
     sex crimes,  there is a  presumption by the court  of a                                                                    
     no contact order.                                                                                                          
                                                                                                                                
     Section 35                                                                                                             
     AS 12.55.027   Credit for  time spent toward service of                                                                    
     a sentence of imprisonment.                                                                                                
     Adds a  new subsection (a)  to read: "A court  may only                                                                    
     grant  credit  for  time  spent  toward  service  of  a                                                                    
     sentence  of imprisonment  under  this  section if  the                                                                    
     court  finds that  the sentence,  including any  credit                                                                    
     toward   the  sentence   of  imprisonment,   meets  the                                                                    
     requirements of AS 12.55.005."                                                                                             
     The  reason  to  add  the  new  subsection  (a)  to  AS                                                                    
     12.55.027 is  to make sure that  all parties understand                                                                    
     that the  court has  discretion in  determining whether                                                                    
     to   grant  credit   for  time   spent  on   electronic                                                                    
     monitoring  or   in  treatment  toward  service   of  a                                                                    
     sentence.  Specifically,  before granting  any  credit,                                                                    
     the  court  must  consider  and  apply  the  sentencing                                                                    
     criteria  set forth  in AS  12.55.005 and  announced by                                                                    
     the Alaska Supreme  Court in State v.  Chaney, 477 P.2d                                                                    
     441 (Alaska 1970)  to the question of  whether to grant                                                                    
     credit  for time  spent on  electronic monitoring  or a                                                                    
     treatment program.                                                                                                         
                                                                                                                                
     Section 36                                                                                                             
     AS  12.55.125(d)      Sentences  of   imprisonment  for                                                                    
     felonies.                                                                                                                  
     Increases presumptive  sentencing range  for first-time                                                                    
     class B felony  offenders from 0 to 2 years  to 90 days                                                                    
     to 2  years. Adds enhanced felony  sentences for making                                                                    
     or    possessing    with    intent    to    manufacture                                                                    
     methamphetamine  in a  home or  lodging where  children                                                                    
     live  or  engaging  children   in  the  manufacture  of                                                                    
     methamphetamine.                                                                                                           
                                                                                                                                
     Section 37                                                                                                             
     AS  12.55.135(a)      Sentences  of   imprisonment  for                                                                    
     misdemeanors.                                                                                                              
     Increases  the  maximum  sentence   for  some  class  A                                                                    
     misdemeanors  from  30 to  90  days.  The amendment  is                                                                    
     intended   to  give   judges   greater  discretion   in                                                                    
     sentencing   individuals   convicted   of   misdemeanor                                                                    
     charges.                                                                                                                   
                                                                                                                                
     Section 38                                                                                                             
     AS  12.55.135(b)      Sentences  of   imprisonment  for                                                                    
     misdemeanors.                                                                                                              
     Increases  the  maximum  sentence   for  some  class  B                                                                    
     misdemeanors  from  10 to  30  days.  The amendment  is                                                                    
     intended   to  give   judges   greater  discretion   in                                                                    
     sentencing   individuals   convicted   of   misdemeanor                                                                    
     charges.                                                                                                                   
                                                                                                                                
     Section 39                                                                                                             
     AS  12.55.135(n)      Sentences  of   imprisonment  for                                                                    
     misdemeanors.                                                                                                              
     Conforming   amendment.  Amends   AS  12.55.135(n)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 40                                                                                                             
     AS 12.55.185(16)  Definitions.                                                                                             
     Conforming  amendment. Amends  AS 12.55.185(16)  to add                                                                    
     viewing or  production of an indecent  picture under AS                                                                    
     11.61.123(f)(1)  or (2)  to the  definition of  "sexual                                                                    
     felony."                                                                                                                   
                                                                                                                                
     Inclusion  of this  section is  a  drafting error  that                                                                    
     will be the subject of an amendment.                                                                                       
                                                                                                                                
     Section 41                                                                                                             
     AS 12.61.050  Automated victim notification system.                                                                        
     Amends  AS   12.61.050  by  adding  a   new  subsection                                                                    
     directing the  Department of Corrections to  include in                                                                    
     the   Victim  Notification   System  that   victims  of                                                                    
     domestic violence or sexual  offenses shall be informed                                                                    
     of their rights  to secure a protective  order and that                                                                    
     certain state victim resources are available to them.                                                                      
                                                                                                                                
     Section 42                                                                                                             
     AS  12.63.010(d)    Registration of  sex offenders  and                                                                    
     related requirements.                                                                                                      
     Conforming   amendment.  Amends   AS  12.63.010(d)   to                                                                    
     reflect the changes made in Section 44.                                                                                    
                                                                                                                                
     Section 43                                                                                                             
     AS  12.63.010     Registration  of  sex  offenders  and                                                                    
     related requirements.                                                                                                      
     Clarifies that a person may  petition the Department of                                                                    
     Public  Safety for  removal from  the  registry if  the                                                                    
     petitioner submits  proof acceptable to  the department                                                                    
     that  the facts  underlying the  conviction in  another                                                                    
     jurisdiction do  not constitute a sex  offense or child                                                                    
     kidnapping in Alaska.                                                                                                      
     Currently, in at least 13  states, an indecent exposure                                                                    
     conviction  for   public  urination  can   trigger  sex                                                                    
     offender  registration requirements.  Of those  states,                                                                    
     two limit  registration to those who  committed the act                                                                    
     in  view of  a  minor. This  amendment  is intended  to                                                                    
     provide an  option to petition the  department to "opt-                                                                    
     out" of registering  if the conduct would not  be a sex                                                                    
     crime in Alaska.                                                                                                           
                                                                                                                                
     Section 44                                                                                                             
     AS  12.63.020     Duration of  sex  offender  or  child                                                                    
     kidnapper duty to register.                                                                                                
     Clarifies that a person who  is convicted of an offense                                                                    
     as an adult and required  to register as a sex offender                                                                    
     or  child kidnapper  in  another  jurisdiction is  also                                                                    
     required to register as a sex offender in Alaska.                                                                          
                                                                                                                                
     Section 45                                                                                                             
     AS 12.63.100(6)  Definitions.                                                                                              
     Adds  a person  who is  convicted of  an offense  as an                                                                    
     adult and  required to  register as  a sex  offender or                                                                    
     child   kidnapper  in   another  jurisdiction   to  the                                                                    
     definition of "sex offender or child kidnapper."                                                                           
                                                                                                                                
     Section 46                                                                                                             
     AS 18.65.087(d)  Central registry of sex offenders.                                                                        
     Requires  the Department  of  Public  Safety to  review                                                                    
     procedures and  adopt regulations to  allow individuals                                                                    
     with  sex  offense  convictions  in  another  state  to                                                                    
     petition  for removal  from  the  registry because  the                                                                    
     facts  underlying the  out-of-state  conviction do  not                                                                    
     constitute a sex offense in Alaska.                                                                                        
                                                                                                                                
     Section 47                                                                                                             
     AS 18.65.087(j)  Central registry of sex offenders.                                                                        
     Conforming  amendment. Amends  AS 18.65.087  to reflect                                                                    
     the change made in Section 45.                                                                                             
                                                                                                                                
     Section 48                                                                                                             
     AS  28.35.030(k)    Operating a  vehicle, aircraft,  or                                                                    
     watercraft while  under the  influence of  an alcoholic                                                                    
     beverage, inhalant, or controlled substance.                                                                               
     Repeals requirement that a  person serve their sentence                                                                    
     for  a  first DUI  on  electronic  monitoring or  house                                                                    
     arrest.  Returns  discretion  to  the  Commissioner  of                                                                    
     Corrections   to  place   the   person  on   electronic                                                                    
     monitoring  at a  private residence  or at  a community                                                                    
     residential center.                                                                                                        
                                                                                                                                
     Section 49                                                                                                             
     AS 28.35.032(o)   Refusal to submit to chemical test.                                                                      
     The same changes  in section 48 are made  in section 49                                                                    
     to  the  statute  governing  refusal  to  submit  to  a                                                                    
     chemical test.                                                                                                             
                                                                                                                                
     Section 50                                                                                                             
     AS  33.07.020      Duties  of   commissioner;  pretrial                                                                    
     services.                                                                                                                  
     Requires the  risk assessment tool be  verified by peer                                                                    
     review.                                                                                                                    
                                                                                                                                
     Section 51                                                                                                             
     AS  33.07.020      Duties  of   commissioner;  pretrial                                                                    
     services.                                                                                                                  
     Adds a  new subsection (b) requiring  validation of the                                                                    
     risk assessment tool be subject to peer review.                                                                            
                                                                                                                                
     Section 52                                                                                                             
     AS 33.30.011(a)  Duties of commissioner.                                                                                   
     Changes the minimum term of  imprisonment for which the                                                                    
     Department   of  Corrections   must   conduct  a   risk                                                                    
     assessment  and   prepare  a  written  case   plan  for                                                                    
     sentenced individuals to 90 days.                                                                                          
     Requires  the Department  of Corrections  to coordinate                                                                    
     with  community reentry  coalitions or  other providers                                                                    
     of reentry  services when developing a  written reentry                                                                    
     plan for prisoners.                                                                                                        
                                                                                                                                
     Creates a new subsection  that requires regular reports                                                                    
     on   offender  management   plan  implementation   that                                                                    
     includes the number of  prisoners provided written case                                                                    
     plans,  the  number  of written  case  plans  initiated                                                                    
     within the  preceding year, and  the number  of written                                                                    
     case plans that were updated in the preceding year.                                                                        
                                                                                                                                
     Section 53                                                                                                             
     AS 34.03.360(7)  Definitions.                                                                                              
     Conforming   amendment.  Amends   AS  34.03.360(7)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 54                                                                                                             
     AS 44.19.647(a)  Annual report and recommendations.                                                                        
     Adds  a requirement  that the  Alaska Judicial  Council                                                                    
     include the data collected by  the Department of Law as                                                                    
     described in Section 56 in their annual report.                                                                            
                                                                                                                                
     Additionally,  it adds  a requirement  that the  Alaska                                                                    
     Judicial Council  include "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." Inclusion of  this section appears to be                                                                    
     a  drafting  error  that  will be  the  subject  of  an                                                                    
     amendment.  It  should  appear  in  Section  56,  which                                                                    
     relates   to   the   Department  of   Law's   reporting                                                                    
     requirements.                                                                                                              
                                                                                                                                
     Section 55                                                                                                             
     AS 44.23.020   Duties; and powers; waiver of immunity.                                                                     
     Adds a new subsection  (k) that requires the Department                                                                    
     of   Law  to   develop  a   method  to   track  certain                                                                    
     information and to report  about sex offense complaints                                                                    
     and disposition of those cases.                                                                                            
                                                                                                                                
     Section 56                                                                                                             
     AS  44.23.040    Records, reports,  and recommendations                                                                    
     on uniform laws.                                                                                                           
     Adds a new subsection  (b) that requires the Department                                                                    
     of  Law  to  gather  and  report  data  to  the  Alaska                                                                    
     Judicial Council  on felony sex offenses  including the                                                                    
     number reported  but not referred for  prosecution, the                                                                    
     number   referred  for   prosecution   that  were   not                                                                    
     prosecuted, and the number  prosecuted that resulted in                                                                    
     a conviction of a crime other than a sex offense.                                                                          
                                                                                                                                
     Section 57                                                                                                             
     AS 44.41.065  Sexual assault examination kits.                                                                             
     Adds a  new section AS  44.41.065 to: (1)  require that                                                                    
     within  30 days  after collection  of a  sexual assault                                                                    
     kit, it is  sent to an accredited lab  or Department of                                                                    
     Public Safety operated  laboratory facility; (2) ensure                                                                    
     that the  sexual assault  kit undergoes  testing within                                                                    
     one year of  the laboratory receiving the  kit; and (3)                                                                    
     within  two  weeks  following  completion  of  testing,                                                                    
     reasonable  effort will  be made  to notify  the victim                                                                    
     that testing  occurred. Failure  to meet  this timeline                                                                    
     will not cause a case to  be dismissed and if a case is                                                                    
     resolved prior to testing, it is no longer required.                                                                       
                                                                                                                                
     Section 58                                                                                                             
     AS  44.41.070(a)    Report on  untested sexual  assault                                                                    
     examination kits.                                                                                                          
     Requires  the Department  of Public  Safety to  include                                                                    
     additional data  about which  kits were  ineligible for                                                                    
     testing and why.                                                                                                           
                                                                                                                                
                                                                                                                                
     Section 59                                                                                                             
     AS  44.41.070(b)    Report on  untested sexual  assault                                                                    
     examination kits.                                                                                                          
     Conforming   amendment.  Amends   AS  44.41.070(b)   to                                                                    
     reflect change made in Section 57.                                                                                         
                                                                                                                                
     Section 60                                                                                                             
     AS  44.41.070(e)    Report on  untested sexual  assault                                                                    
     examination kits.                                                                                                          
     Adds   a  new   subsection   (e)   that  includes   the                                                                    
     definitions  of  why  a  sexual   assault  kit  may  be                                                                    
     ineligible for testing:  it is scientifically unviable,                                                                    
     is ineligible  for CODIS (Combined DNA  Index System, a                                                                    
     national program  that links crimes  to DNA), or  is an                                                                    
     anonymous kit.                                                                                                             
                                                                                                                                
     Section 61                                                                                                             
     AS 47.12.315(a)    Public disclosure of  information in                                                                    
     department   records   relating  to   certain   minors.                                                                    
     Conforming   amendment.  Amends   AS  47.12.315(a)   to                                                                    
     reflect the changes made in Section 26.                                                                                    
                                                                                                                                
     Section 62                                                                                                             
     Court Rule Change.                                                                                                         
     Allows a  person's rap sheet  to be used at  grand jury                                                                    
     to prove the existence  of prior convictions when prior                                                                    
     convictions are an element of the offense.                                                                                 
                                                                                                                                
     Section 63                                                                                                             
     Repealer Section.                                                                                                          
                                                                                                                                
     Section 64                                                                                                             
     Applicability Section.                                                                                                     
                                                                                                                                
     Section 65 Uncodified Law.                                                                                             
     Conforming amendment.  On or  before January  10, 2020,                                                                    
     the Commissioner of Corrections  shall provide a report                                                                    
     to    the   legislature    as   described    under   AS                                                                    
     33.30.011(a)(12), enacted by Section 52.                                                                                   
     Section 66                                                                                                             
     Conditional Effect.                                                                                                        
     Section 62 of this Act  takes effect only if Section 62                                                                    
     of  this Act  receives the  two-third majority  vote of                                                                    
     each house.                                                                                                                
                                                                                                                                
     Section 67                                                                                                             
     Effective Date.                                                                                                            
     This Act takes effect July 1, 2019.                                                                                        
                                                                                                                                
                                                                                                                                
1:26:31 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:26 p.m. to 1:33 p.m.                                                                       
                                                                                                                                
1:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to adopt  the proposed CS to  HB 49,                                                               
Version 31-GH1029\M, as the working document.                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN objected.    He asked  why  the CS  would                                                               
remove  section 49  from the  original bill.   He  noted that  it                                                               
deals with the subject of involuntary commitment.                                                                               
                                                                                                                                
CHAIR  CLAMAN  said  the issues  of  involuntary  commitment  are                                                               
complex and  probably require  more attention  than can  be given                                                               
considering the time constraints of the current session.                                                                        
                                                                                                                                
1:35:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  noted  that  HB  49 is  one  of  the  bills                                                               
introduced by  the House  Rules Standing  Committee on  behalf of                                                               
Governor  Michael  J.  Dunleavy.   He  said  Version  M  contains                                                               
sections  from the  governor's bill  as well  as approximately  a                                                               
dozen sections  addressing requests  made by the  law enforcement                                                               
community.  He  said there will be more amendments.   He remarked                                                               
that   e need  a vehicle" to address crime and  said Version M is                                                               
a good starting point.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she  is probably  going  to vote  to                                                               
adopt Version  M as the working  document because, "I can  do the                                                               
counting,  and if  we  delay it,  it's going  to  move on  Monday                                                               
anyway, so there's no point in delaying the discussion."                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN  said  he assumes  telephonic  voting  is                                                               
permitted today.                                                                                                                
                                                                                                                                
CHAIR CLAMAN  said, "yes, in  committees."  He said  he confirmed                                                               
it with Legislative Legal Services during the at-ease.                                                                          
                                                                                                                                
1:36:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN said  he is  concerned that,  by adopting                                                               
Version   M,   the   committee   would   be   creating   "another                                                               
monstrosity."   He  clarified that  by  "another monstrosity"  he                                                               
means another bill  of over 40 pages that will  be categorized as                                                               
an "omnibus crime  bill."  He said there are  already too many of                                                               
those.   He opined that one  such bill is  too many.  He  said he                                                               
thought a  lesson had been  learned after Senate Bill  91 [passed                                                               
in the Twenty-Ninth Alaska State  Legislature] and the subsequent                                                               
fallout.  He  said he would be  a "no" vote because  he sees that                                                               
Version  M contains  provisions  from other  bills, resulting  in                                                               
duplication, resulting in "another monstrosity."                                                                                
                                                                                                                                
1:37:19 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Kopp,  Stutes,                                                               
LeDoux, Shaw, and Claman voted in  favor of adopting Version M as                                                               
the working  document.  Representative Eastman  voted against it.                                                               
Therefore, Version  M was  adopted as the  working document  by a                                                               
vote of 6-1.                                                                                                                    
                                                                                                                                
1:38:08 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 49.                                                                                  
                                                                                                                                
1:38:40 PM                                                                                                                    
                                                                                                                                
KATHY  SWANSON, who  resides in  Juneau, told  an anecdote  about                                                               
being the victim  of a burglary.   She said it took  two weeks to                                                               
get a  detective on the case.   She invited committee  members to                                                               
see what  the burglars did to  her home, noting that  she has not                                                               
yet  returned  to  her  bedroom  in  the  two  months  since  the                                                               
burglary.  She  informed the committee that a  number of firearms                                                               
had been stolen.   She said, "You are not doing  your jobs."  She                                                               
claimed  that  half the  people  in  Juneau  who are  victims  of                                                               
burglary do not even bother to report  the crime.  She said it is                                                               
not  "compassion" to  allow  people to  shoot  up drugs,  discard                                                               
their  needles  in  playgrounds,  and enable  their  behavior  by                                                               
releasing them  pre-trial.  She  said it  is common sense  not to                                                               
incentivize bad  behavior.  She stated  that it is only  a matter                                                               
of time until  "we have a real  tragedy on our hands."   She said                                                               
the value  of the property stolen  from her was $30,000  and that                                                               
it is  not covered by  insurance.   She spoke to  the sentimental                                                               
value  of  other items  stolen  from  her.    She said  she  will                                                               
continue  to  try  to  recover   her  stolen  possessions.    She                                                               
commented that HB  145 was "watered-down."  She  told an anecdote                                                               
about a  child who found  a loaded pistol  in his backyard.   She                                                               
asked the  committee to return  to putting  people in jail.   She                                                               
said if  someone cannot post  bail, then he/she should  remain in                                                               
jail until his/her court date.                                                                                                  
                                                                                                                                
1:42:20 PM                                                                                                                    
                                                                                                                                
BOB SWANSON  identified himself  as the  husband of  the previous                                                               
testifier.    He  stated  that   Senate  Bill  91,  as  a  social                                                               
experiment, has not worked.  He  said the man who burglarized his                                                               
home  is out  of jail  on pre-trial  supervision with  electronic                                                               
monitoring yet is  still robbing houses.  He said  he is in favor                                                               
of HB 49.  He identified  himself as a substance abuse counselor.                                                               
He  stressed  that  there  needs   to  be  consequences  tied  to                                                               
recovery.  He  said, "The first step in that  intervention can be                                                               
prison."   He added that there  needs to be a  consequence to the                                                               
crime of  theft and associated  crimes related  to drug use.   He                                                               
recounted an  incident earlier in  the week  in which he  and his                                                               
wife  saw two  people  rob a  truck.   He  described calling  the                                                               
police and waiting,  but the police never arrived.   He said this                                                               
showed  him  that  criminals  are emboldened.    He  called  that                                                               
"egregious."   He  claimed that  half  the crime  in Juneau  goes                                                               
unreported in  the Juneau Empire.   He opined that the  [City and                                                               
Borough of] Juneau  (CBJ) and the State of Alaska  (SOA) does not                                                               
really know how  much crime occurs.  He said  he understands that                                                               
there is a cost associated with  incarceration.  He noted that no                                                               
one can  give him "any  data on property  theft and damage."   He                                                               
said he supports anything that  contains serious consequences for                                                               
crime and can  provide people the help they need  when they enter                                                               
recovery.                                                                                                                       
                                                                                                                                
CHAIR CLAMAN  asked what  kind of  substance abuse  counseling he                                                               
provides.  He asked if it was alcohol or drugs or both.                                                                         
                                                                                                                                
MR.  SWANSON said  he  focuses on  both alcohol  and  drugs.   He                                                               
paraphrased a  Mark Twain quote:  "There's two things  ... people                                                               
should never  be let known how  they are made, and  that would be                                                               
laws and sausage."                                                                                                              
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
DON  HABEGER  Community  Coordinator, Juneau  Reentry  Coalition,                                                               
said the  mission of  the Juneau Reentry  Coalition (JREC)  is to                                                               
promote   community  safety   by  identifying   and  implementing                                                               
strategies that  increase reentry success for  those returning to                                                               
the community after  release from incarceration.   He stated that                                                               
HB 49's  approach to community  safety is a "broad  brush stroke"                                                               
that includes increased lengths of  incarceration.  He noted that                                                               
one  of   the  fiscal  notes   provided  by  the   Department  of                                                               
Corrections (DOC)  estimates the cost impacts  of those increased                                                               
lengths to be $37.5 million in  the first year and $41 million in                                                               
out  years.   He  called  the approach   expensive   and said  it                                                               
seemingly ignores  the issue of  prison population  growth beyond                                                               
SOA's current holding  capacity.  He said HB 49  does not seem to                                                               
address the need  for new facilities to  accommodate that growth,                                                               
other  than  to  offer  an  out-of-state  prison  solution.    He                                                               
remarked that one consequence of  an out-of-state prison solution                                                               
is the likely breakdown of  pro-social community connections.  He                                                               
said it would  also likely disrupt the  community reentry process                                                               
and result  in a sustained  community recidivism rate.   He added                                                               
that it  would also  sustain issues pertaining  to high  rates of                                                               
community  crime.     He  said   JREC  supports   addressing  the                                                               
community's public safety issues  through a continued emphasis on                                                               
access to mental health, housing,  employment training, and other                                                               
services and treatments  that aid reentry success.   He said JREC                                                               
supports  a  more  targeted  approach to  adding  tools  for  law                                                               
enforcement.  He  added that JREC would prefer to  avoid a "broad                                                               
brush" approach such as the one presented in HB 49.                                                                             
                                                                                                                                
1:47:19 PM                                                                                                                    
                                                                                                                                
NOAH WILLIAMS shared an anecdote about  a friend who was raped in                                                               
2017.  He said his friend  filed a report, and was administered a                                                               
rape kit,  but "never saw her  case get justice."   He added that                                                               
his friends  rapist  continued to harass her afterward.   He said                                                               
he empathizes with the urge  to enact harsher criminal penalties,                                                               
noting   that  he   believes  his   friend's  rapist   should  be                                                               
incarcerated for a  very long time.  He said  he appreciates some                                                               
of the provisions  of HB 49, such as the  provision that mandates                                                               
that victims  of sex crimes be  informed of their rights  and the                                                               
provision that requires testing of  rape kits within a short time                                                               
period.                                                                                                                         
                                                                                                                                
MR. WILLIAMS  said that, historically, tough-on-crime  laws which                                                               
focus on  harsher sentences have not  worked.  He said  SOA tried                                                               
that approach in the 1980s and the  nation as a whole tried it in                                                               
the 1990s.  He remarked that  the most brutal criminal gangs came                                                               
to  Alaska  after Alaskan  prisoners  were  sent to  out-of-state                                                               
prisons.    He  asked  that  the  committee  focus  on  providing                                                               
resources  to district  attorneys to  ensure that  the threat  of                                                               
confirmed  punishment exists  as  a disincentive  to  crime.   He                                                               
remarked, "If  people believe that  they are likely to  be caught                                                               
and  prosecuted  successfully, they  are  less  likely to  commit                                                               
crimes  versus  if  they  believe  they  are  not  likely  to  be                                                               
prosecuted  successfully."   He  restated  his  request that  the                                                               
committee focus  on providing resources to  district attorneys so                                                               
that "these convictions go through."                                                                                            
                                                                                                                                
1:49:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  how  Mr.  Williams recommends  the                                                               
committee go about determining how severe a sentence should be.                                                                 
                                                                                                                                
MR. WILLIAMS said  he is not a criminal justice  expert and he is                                                               
not specifically advocating against  making sentences more severe                                                               
for  the most  heinous crimes.    He said  he wants  to see  "the                                                               
majority  of the  effort" put  into ensuring  convictions happen.                                                               
He stated that he has witnessed  many instances in which a person                                                               
avoided  punishment  because  his/her   conviction   did  not  go                                                               
through.     He said  he  would  rather  that those  people  were                                                               
successfully  prosecuted.     He   reiterated  that  he   is  not                                                               
necessarily opposed to the issue  of stiffer sentencing, but that                                                               
he  wants a  keener  focus placed  on  ensuring that  convictions                                                               
happen.                                                                                                                         
                                                                                                                                
1:51:06 PM                                                                                                                    
                                                                                                                                
NOLA LAMKEN  said she is  very concerned about  the privatization                                                               
of  criminal justice  because she  does not  believe the  private                                                               
sector  has any  interest  in  justice.   She  opined that  crime                                                               
requires  gradations of  convictions so  that people  cannot just                                                               
shrug off  the crimes they  commit.  She advocated  for deterring                                                               
repeat  offenders with  higher grades  of punishment.   She  also                                                               
advocated  for jails  to provide  inmates with  "some glimpse  of                                                               
some other  way of life."   She said she does  not want prisoners                                                               
to be sent  to out-of-state prisons where they can  be exposed to                                                               
"an  even more  criminal element"  and lose  hope.   She stressed                                                               
that even the most "hardcore"  inmates are still human beings and                                                               
it has been proven that  rehabilitation is possible, and they can                                                               
be helped  to recognize  their own humanity.   She  stressed that                                                               
prisoners cannot  be expected to  reform if they are  treated too                                                               
heavy-handedly.   She advocated  for "show[ing] them  a different                                                               
way."   She stressed the need  to back up the  police departments                                                               
in court.  She reiterated that  she does not want criminals to be                                                               
able to  shrug off  their crimes and  restated her  opposition to                                                               
the privatization of criminal justice.                                                                                          
                                                                                                                                
1:54:05 PM                                                                                                                    
                                                                                                                                
MICHAEL BERGER said he is  "against the changes that the proposed                                                               
bill  is for."    He noted  that  he "did  20-plus  years on  the                                                               
installment plan  in prison in  Alaska and in two  other states."                                                               
He clarified that nobody who is  incarcerated is forced to join a                                                               
prison gang.  He said that  prisoners being sent out of state was                                                               
"the  worst thing  to happen"  not because  of prison  gangs, but                                                               
because  of poor  supervision.   He noted  that the  out-of-state                                                               
prisons  employed  corrections officers  who  made  only $11  per                                                               
hour.  He  advocated against making things  harsher on criminals,                                                               
rather he  encouraged the committee  to look toward  education "a                                                               
lot earlier  in life."   He said  that, by the  time a  person is                                                               
incarcerated, it is  probably too late.  He  recommended an early                                                               
intervention approach.   He stressed  that substance abuse  is an                                                               
important issue.  He claimed that  98 or 99 percent of people who                                                               
commit  crimes  or  are  put   in  prison  have  substance  abuse                                                               
problems.  He said the current  state of treatment is not helping                                                               
that.   He said a better  education system earlier in  life would                                                               
be the best way to create  solutions for the future.  He remarked                                                               
that the  issue of lengthier  sentences versus  reduced sentences                                                               
does not adequately address problems related to crime.                                                                          
                                                                                                                                
1:56:32 PM                                                                                                                    
                                                                                                                                
SID ATWOOD, Board  Member, Advisory Board on  Alcoholism and Drug                                                               
Abuse,  Department of  Health  and Social  Services,  said he  is                                                               
testifying on  his own behalf.   He stressed that Senate  Bill 91                                                               
did  have some  positive effect.   He  highlighted the  5 percent                                                               
drop in recidivism since its passage.   He said the problems with                                                               
Senate Bill 91 need to be corrected.   He noted that, when it was                                                               
passed, SOA did not "have places  for people to go" nor necessary                                                               
programs in place.  He stated that  the goal is to save lives and                                                               
lower  the crime  rate.   He said  to accomplish  that goal,  SOA                                                               
needs to  ensure that people  do not  recidivate.  He  shared his                                                               
life experience  with alcohol abuse  and incarceration.   He said                                                               
the  thing that  turned  his life  around was  not  the cycle  of                                                               
prosecution  and  incarceration,  but  rather  having  a  support                                                               
system and  participating in a  spiritual fellowship.   He opined                                                               
that  therapy and  treatment can  save money.   He  advocated for                                                               
spending money  on therapy  and treatment  rather than  on jails,                                                               
and particularly out-of-state jails.                                                                                            
                                                                                                                                
1:58:50 PM                                                                                                                    
                                                                                                                                
KARA NELSON  said she  was generally opposed  to the  crime bills                                                               
but found  it honorable that time  was being taken to  ensure the                                                               
best  is done  for Alaska.   She  said she  opposes HB  49 though                                                               
noted that she has not been  able to familiarize herself with the                                                               
changes that have been made to  the bill.  She identified herself                                                               
as a  woman in long-term  recovery who has  not taken a  drink or                                                               
done  drugs since  June  1,  2011.   She  said  she was  formerly                                                               
incarcerated.   She  added  that  she is  a  mother, a  life-long                                                               
Alaskan, and a survivor of various  violent crimes.  She said she                                                               
is  also  a  survivor  of  the  punitive  measures  for  treating                                                               
substance  use  disorders  during incarceration,  probation,  and                                                               
parole.   She  said this  allows her  to be  an expert  on issues                                                               
related to  criminal justice  reform.  She  said she  can harness                                                               
her dark and  ugly experiences to help create  solutions and help                                                               
bring freedom to  others.  She clarified that she  is not against                                                               
a  safer  Alaska.    She  emphasized that  she  has  three  adult                                                               
children who must  navigate having grown up with  two parents who                                                               
were in a  punitive cycle trying to get help  for their substance                                                               
abuse  disorders.    She  advocated   for  "smart  justice"  that                                                               
successfully   holds  people   accountable  while   not  "putting                                                               
everything"  on DOC.    She said,  "I hope  that  we continue  to                                                               
understand  that  what  we  have been  doing  for  decades  isn't                                                               
working."   She said it  would be insane  to keep doing  the same                                                               
thing and expect different results.                                                                                             
                                                                                                                                
2:01:50 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  about Ms.  Nelson's  involvement with  Haven                                                               
House Juneau.                                                                                                                   
                                                                                                                                
MS. NELSON  said she was the  Director of Haven House  Juneau for                                                               
five years.                                                                                                                     
                                                                                                                                
CHAIR CLAMAN  asked her to  tell the committee about  Haven House                                                               
Juneau  for   the  benefit  of   those  who  are  newer   to  the                                                               
legislature.                                                                                                                    
                                                                                                                                
MS.  NELSON said  Haven House  Juneau is  a faith-based  recovery                                                               
residence  for  women returning  from  incarceration.   She  said                                                               
Haven  House  Juneau  works  "very  closely  with  probation  and                                                               
parole"  and with  the  new  sanctions put  into  place with  the                                                               
passage  of  Senate  Bill  91.    She  said  Haven  House  Juneau                                                               
addresses issues  related to  families affected  by incarceration                                                               
and provides  services related to recovery,  reentry, employment,                                                               
education, and peer  support.  She noted that  Haven House Juneau                                                               
extends its  services to "any  and everyone who needs  help," not                                                               
just those residing in the home.                                                                                                
                                                                                                                                
CHAIR  CLAMAN  asked  whether the  reforms  enacted  through  the                                                               
passage of  Senate Bill  91 bettered Haven  House Juneau  and the                                                               
services it provides.                                                                                                           
                                                                                                                                
MS. NELSON said that is correct.                                                                                                
                                                                                                                                
2:03:44 PM                                                                                                                    
                                                                                                                                
PHIL  SHANAHAN said  he has  different thoughts  about Version  M                                                               
than he  did about  the originally  filed version of  HB 49.   He                                                               
noted that  the Alaska Criminal  Justice Commission put a  lot of                                                               
effort  into  research  and using  evidence-based  approaches  in                                                               
dealing with  criminal justice  reform efforts.   He  stated that                                                               
Alaska is not alone in  seeking criminal justice reform and noted                                                               
that  other states  have  seen  success.   He  stressed that  the                                                               
process requires patience and minor  adjustments.  He said reform                                                               
cannot be  done perfectly the  first time  and that it  is bigger                                                               
than just  Senate Bill 91.   He said the  approach he saw  in the                                                               
original  version of  HB 49  was  essentially to  return to  past                                                               
norms  that  resulted  in higher  recidivism  rates,  high  crime                                                               
rates, and  people being incarcerated  away from  their families.                                                               
He  stressed  the  importance   of  rehabilitation  and  recovery                                                               
efforts.   He noted  that substance  abuse treatment  is crucial.                                                               
He said  there was an expectation  with Senate Bill 91  that more                                                               
money would  be spent on treatment  and getting people help.   He                                                               
stated that he  does not think that ever happened  or was allowed                                                               
the time  to happen.   He  requested that  the committee  and the                                                               
legislature continue to fix what needs  to be fixed.  He stressed                                                               
that  he  does not  want  criminal  justice reform  repealed  and                                                               
things returned  to what had  not worked  over many decades.   He                                                               
advocated for a more economical method to making society safer.                                                                 
                                                                                                                                
2:06:46 PM                                                                                                                    
                                                                                                                                
JEANNE  GERHARDT-CYRUS said  she is  testifying as  a parent  and                                                               
community member.  She said she does  a lot of work in the field.                                                               
She said something  she often hears is that [DOC]  is the biggest                                                               
provider  of mental  health services  in Alaska.   She  said that                                                               
needs  to be  turned around  so that  mental health  services are                                                               
more  community oriented.   She  said the  highest percentage  of                                                               
those  incarcerated are  people  with  behavioral health  issues,                                                               
traumatic brain  injuries, or with  fetal alcohol exposure.   She                                                               
said  that,  under   HB  49,  those  people  are   who  would  be                                                               
incarcerated longer and sent out  of state more, even though they                                                               
are the  people who require the  most help in moving  through the                                                               
criminal justice  system.  She  said those people  need treatment                                                               
that  is appropriate  to meet  their needs.   She  said different                                                               
approaches are  needed for people whose  brains work differently.                                                               
She  said  it sounds  like  HB  49  would  increase the  cost  of                                                               
warehousing people and punishing  people for having disabilities.                                                               
She said, "I think we need to get  away from that."  She said the                                                               
increase in  violent crimes in  Alaska can be traced  back before                                                               
Senate Bill 91.   She stressed that SOA needs  to invest in fully                                                               
implementing the  changes espoused in  Senate Bill 91 so  that it                                                               
can move away  from just incarcerating people longer.   She added                                                               
that she  is against privatization.   She  said she wants  SOA to                                                               
put money  toward helping people  become contributing  members of                                                               
society.                                                                                                                        
                                                                                                                                
2:09:22 PM                                                                                                                    
                                                                                                                                
NORIA CLARK said  she is conflicted about HB 49.   She noted that                                                               
she understands  the perspective  of previous speakers  who spoke                                                               
against prison privatization and  who advocated for mental health                                                               
treatment.   She said  it would not  be a good  thing for  DOC to                                                               
continue  to  be the  government  entity  in charge  of  handling                                                               
mental health  issues.  She  expressed concerns  about privatized                                                               
mental health institutions.                                                                                                     
                                                                                                                                
MS.  CLARK  said  it  is  important  to  achieve  balance.    She                                                               
expressed  doubts that  the state  is currently  saving money  on                                                               
corrections.   She expressed that  sometimes people -  even those                                                               
with mental health  disabilities - need to be  incarcerated.  She                                                               
advocated for  protecting law-abiding  citizens even if  it comes                                                               
at  the expense  of offenders.   She  also advocated  for working                                                               
toward finding  a way to  benefit prisoners  who need help.   She                                                               
stressed the importance of collaboration to find a solution.                                                                    
                                                                                                                                
MS.  CLARK apologized  for being  angry and  aggressive to  Chair                                                               
Claman in a  previous testimony.  She said that,  even though she                                                               
and  Chair Claman  do  not  see eye-to-eye  on  every issue,  she                                                               
believes they both try to improve  Alaska.  She called Alaska the                                                               
best state  in the nation.   She expressed appreciation  that the                                                               
committee members are working toward protecting Alaska.                                                                         
                                                                                                                                
CHAIR CLAMAN thanked her for her  apology.  He said he shares her                                                               
commitment to putting Alaska first.                                                                                             
                                                                                                                                
2:13:54 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN closed  public testimony  on HB  49.   He announced                                                               
that the committee would hold HB 49 for further review.                                                                         
2:15:48 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:16 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB049 ver A 3.22.19.PDF HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Transmittal Letter 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Sectional Analysis ver A 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Bill Highlights 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Additional Document-Senate Bill 91 GOA Bills Matrix 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note DHSS-PS 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note DOA-OPA (Updated) 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note DOA-PDA (Updated) 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note DOC-IDO 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note LAW-CRIM 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note JUD-ACS (Updated) 4.27.19.pdf HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Supporting Document-Alaska Association of Chiefs of Police Letter 3.22.19.pdf HJUD 3/22/2019 1:30:00 PM
HJUD 3/25/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Additional Document-Dept. of Law Memo Terroristic Threatening Legislative History 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Additional Document-Dept. of Law Response to HJUD Committee Questions on March 25, 2019 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Work Draft Committee Substitute ver M 4.27.19.pdf HJUD 4/27/2019 1:00:00 PM
HJUD 4/29/2019 1:00:00 PM
HB 49