04/06/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB269 | |
| SB151 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 367 | TELECONFERENCED | |
| SB 151 | |||
| + | TELECONFERENCED | ||
| += | HB 269 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 6, 2012
1:04 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Vice Chair
Representative Wes Keller
Representative Bob Lynn
Representative Lance Pruitt
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Carl Gatto, Chair
Representative Mike Hawker (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 269
"An Act relating to the amendment of a declaration that creates
a common interest community."
- MOVED CSHB 269(JUD) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 151(JUD)
"An Act relating to mitigation at sentencing in a criminal case
for a defendant found by the court to have been affected by a
fetal alcohol spectrum disorder."
- MOVED CSSB 151(JUD) OUT OF COMMITTEE
CONFIRMATION HEARING(S)
Board of Governors of the Alaska Bar
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 367
"An Act relating to mitigation at sentencing in a criminal case
for a defendant found by the court to have been affected by a
fetal alcohol spectrum disorder."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 269
SHORT TITLE: COMMON INTEREST COMMUNITIES
SPONSOR(S): REPRESENTATIVE(S) HOLMES
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C, JUD
03/14/12 (H) L&C AT 3:15 PM BARNES 124
03/14/12 (H) Heard & Held
03/14/12 (H) MINUTE(L&C)
03/30/12 (H) L&C AT 3:15 PM BARNES 124
03/30/12 (H) Moved Out of Committee
03/30/12 (H) MINUTE(L&C)
04/02/12 (H) L&C RPT 5DP 1NR
04/02/12 (H) DP: THOMPSON, SADDLER, HOLMES, MILLER,
OLSON
04/02/12 (H) NR: JOHNSON
04/04/12 (H) JUD AT 1:00 PM CAPITOL 120
04/04/12 (H) Heard & Held
04/04/12 (H) MINUTE(JUD)
04/06/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SB 151
SHORT TITLE: FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
SPONSOR(S): SENATOR(S) MEYER
01/17/12 (S) PREFILE RELEASED 1/13/12
01/17/12 (S) READ THE FIRST TIME - REFERRALS
01/17/12 (S) HSS, JUD
03/05/12 (S) HSS AT 1:30 PM BUTROVICH 205
03/05/12 (S) Moved CSSB 151(HSS) Out of Committee
03/05/12 (S) MINUTE(HSS)
03/06/12 (S) HSS RPT CS 4DP NEW TITLE
03/06/12 (S) DP: DAVIS, DYSON, MEYER, EGAN
03/12/12 (S) JUD AT 12:30 AM BELTZ 105 (TSBldg)
03/12/12 (S) Heard & Held
03/12/12 (S) MINUTE(JUD)
03/21/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/12 (S) Moved CSSB 151(JUD) Out of Committee
03/21/12 (S) MINUTE(JUD)
03/23/12 (S) JUD RPT CS 4DP SAME TITLE
03/23/12 (S) DP: FRENCH, COGHILL, PASKVAN,
WIELECHOWSKI
03/23/12 (S) FIN REFERRAL ADDED AFTER JUD
04/02/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/02/12 (S) Heard & Held
04/02/12 (S) MINUTE(FIN)
04/03/12 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/12 (S) Moved CSSB 151(JUD) Out of Committee
04/03/12 (S) MINUTE(FIN)
04/04/12 (S) FIN RPT CS (JUD) 5DP 2NR
04/04/12 (S) DP: HOFFMAN, THOMAS, EGAN, MCGUIRE,
ELLIS
04/04/12 (S) NR: STEDMAN, OLSON
04/04/12 (S) TRANSMITTED TO (H)
04/04/12 (S) VERSION: CSSB 151(JUD)
04/05/12 (H) READ THE FIRST TIME - REFERRALS
04/05/12 (H) JUD, FIN
04/06/12 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JAMES R. WALDO, Staff
Representative Lindsey Holmes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the proposed committee substitute
for HB 269, Version M, on behalf of the sponsor, Representative
Holmes.
SENATOR KEVIN MEYER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 151.
CHRISTINE MARASIGAN, Staff
Senator Kevin Meyer
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Assisted with the presentation of SB 151 on
behalf of the sponsor, Senator Meyer.
MICHAEL I. JEFFERY, Judge
Second Judicial District Barrow
Alaska Superior Court
Alaska Court System (ACS);
Member
Alaska Juvenile Justice Advisory Committee (AJJAC)
Division of Juvenile Justice (DJJ)
Department of Health and Social Services (DHSS);
Member
Steering Committee
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership
Advisory Board on Alcoholism and Drug Abuse (ABADA)
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Barrow, Alaska
POSITION STATEMENT: Testified in support of SB 151 and
responded to questions.
TRISH SMITH, Director
Prevention & Intervention Services
Volunteers of America Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 151.
QUINLAN STEINER, Director
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
SB 151.
L. DIANE CASTO, Prevention and Early Intervention Manager
Prevention and Early Intervention Services Section
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
SB 151.
RICHARD SVOBODNY, Deputy Attorney General
Central Office
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during discussion of
SB 151.
ACTION NARRATIVE
1:04:17 PM
VICE CHAIR STEVE THOMPSON called the House Judiciary Standing
Committee meeting to order at 1:04 p.m. Representatives
Thompson, Lynn, Keller, Gruenberg, and Holmes were present at
the call to order. Representative Pruitt arrived as the meeting
was in progress. Representative Gatto was excused.
HB 269 - COMMON INTEREST COMMUNITIES
1:05:08 PM
VICE CHAIR THOMPSON announced that the first order of business
would be HOUSE BILL NO. 269, "An Act relating to the amendment
of a declaration that creates a common interest community."
1:05:30 PM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 269, Version 27-LS1125\M, Bullock,
4/5/12, as the working document.
REPRESENTATIVE HOLMES, as the sponsor, objected for the purpose
of discussion.
1:05:48 PM
JAMES R. WALDO, Staff, Representative Lindsey Holmes, Alaska
State Legislature, on behalf of the sponsor, Representative
Holmes, explained that to address a concern expressed at the
bill's last hearing, Version M of HB 269 no longer contains
language [that would have allowed a condominium development's
declaration to stipulate that obtaining 80 percent of the
allocated votes would be sufficient for purposes of altering the
declaration to prohibit or materially restrict the permitted
uses of or behavior in a unit or the number or other
qualifications of persons that may occupy units]. Version M, he
added in conclusion, now addresses the most important concern of
those who brought the concept of the bill's proposed changes to
the sponsor's attention.
REPRESENTATIVE HOLMES removed her objection to the motion.
VICE CHAIR THOMPSON, after ascertaining that there were no
further objections, announced that Version M was before the
committee.
1:07:22 PM
REPRESENTATIVE KELLER moved to report the proposed CS for
HB 269, Version 27-LS1125\M, Bullock, 4/5/12, out of committee
with individual recommendations and the accompanying zero fiscal
note. There being no objection, CSHB 269(JUD) was reported from
the House Judiciary Standing Committee.
The committee took an at-ease from 1:07 p.m. to 1:09 p.m.
SB 151 - FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR
[SB 151 was treated as the vehicle in lieu of HB 367, the House
companion bill.]
1:09:27 PM
VICE CHAIR THOMPSON announced that the final order of business
would be CS FOR SENATE BILL NO. 151(JUD), "An Act relating to
mitigation at sentencing in a criminal case for a defendant
found by the court to have been affected by a fetal alcohol
spectrum disorder."
VICE CHAIR THOMPSON explained that SB 151 would be treated as
the vehicle in lieu of HB 367, the House companion bill.
1:10:09 PM
SENATOR KEVIN MEYER, Alaska State Legislature, sponsor, first
noting that [CSSB 151(JUD) and CSHB 367(HSS)] are identical,
explained that SB 151 would add fetal alcohol spectrum disorder
(FASD) to the statutory list of possible mitigating factors at
sentencing [for felonies]. However, SB 151's proposed
mitigating factor would not be available to defendants convicted
of [offenses against the person or the crime of arson in the
first degree - AS 11.41 or AS 11.46.400, respectively]. The
intent of the bill is to provide more appropriate sentencing for
those who suffer from a FASD, those who, as a population, are
disproportionately represented in Alaska's criminal justice
system. For defendants with a FASD, providing for longer prison
sentences isn't helpful; instead, providing for longer
probation/parole periods, intensive case management, and
assisted living services is, and is much less expensive.
Providing the court with more sentencing flexibility for
defendants with a FASD, as SB 151 is proposing to do, seems
appropriate, he remarked, particularly given that Alaska has the
highest rate of FASD in the nation. In conclusion, he indicated
that the bill has been vetted by the Department of Law (DOL),
the Alaska Court System (ACS), the Alaska Fetal Alcohol Spectrum
Disorders (FASD) Partnership, and numerous other advocates of
those with a FASD.
1:16:39 PM
CHRISTINE MARASIGAN, Staff, Senator Kevin Meyer, Alaska State
Legislature, on behalf of the sponsor, Senator Meyer, and in
response to a question, confirmed that in the bill's proposed
new AS 12.55.155(d)(20), the wording, "significantly affected
the defendant's conduct" refers to the criminal conduct for
which the defendant is being sentenced.
SENATOR MEYER concurred, and, in response to another question,
relayed that under SB 151 as currently written, the proposed
mitigating factor would only be available in situations
involving what he termed non-violent crimes, because it was felt
that those who commit violent crimes warrant being sentenced
under Alaska's existing presumptive sentencing range regardless
of whether they suffer from a FASD. He offered his
understanding that most of the crimes defendants with a FASD are
convicted of and sentenced for are non-violent, and acknowledged
that under a previous version, the bill's proposed mitigating
factor would have been available for any crime committed by
someone with a FASD.
REPRESENTATIVE LYNN expressed disfavor with having SB 151's
proposed mitigating factor be available to those convicted of
theft crimes.
MS. MARASIGAN concurred with Senator Meyer's remarks, and noted
that people with a FASD have impulsive behavior, are easily
influenced by their peers, have difficulty making decisions, and
are not helped by simply being given longer prison sentences.
Instead, providing defendants with a FASD with the proper
supervision is what tends to lower their recidivism rates. She
noted that the bill's proposed new AS 12.55.155(d)(20) says in
part, "except in the case of an offense defined under AS 11.41
or AS 11.46.400", thereby precluding the proposed mitigating
factor from being available for any such crime.
SENATOR MEYER added that in terms of sentencing someone with a
FASD, providing for a mitigating factor fits better,
particularly when the underlying crimes are non-violent and
there is more hope for rehabilitation.
1:22:52 PM
MICHAEL I. JEFFERY, Judge, Second Judicial District Barrow,
Alaska Superior Court, Alaska Court System (ACS); Member, Alaska
Juvenile Justice Advisory Committee (AJJAC), Division of
Juvenile Justice (DJJ), Department of Health and Social Services
(DHSS); Member, Steering Committee, Alaska Fetal Alcohol
Spectrum Disorders (FASD) Partnership, Advisory Board on
Alcoholism and Drug Abuse (ABADA), Division of Behavioral Health
(DBH), Department of Health and Social Services (DHSS), noting
first that he was not speaking on behalf of the Alaska Court
System (ACS), expressed appreciation for the approach taken by
SB 151, that of adding FASD to the list of potential mitigating
factors at sentencing. Providing an example involving a
defendant with a FASD who'd committed a property crime, he
offered his belief that such people aren't helped by longer
prison sentences. He then indicated that under the bill, the
defendant would first have to prove, by clear and convincing
evidence, both that he/she does indeed have a FASD, and that
that particular FASD significantly affected his/her conduct; the
court could then decide whether or not to impose a sentence
below the presumptive range set out in statute. In conclusion,
he said he supports SB 151 very much, believing that certain
sentences for non-violent offenses committed by defendants with
a FASD could be mitigated and become more effective while
decreasing costs to the criminal justice system. In response to
questions, he relayed that the court wouldn't be treating SB
151's proposed mitigating factor any differently than it treats
any of the other mitigating factors already outlined in statute.
REPRESENTATIVE GRUENBERG questioned whether the court has
addressed the constitutionality of AS 12.55.155 - the statute
pertaining to factors in aggravation and mitigation.
JUDGE JEFFERY noted that the court has upheld the
constitutionality of Alaska's presumptive sentencing ranges set
out in AS 12.55.125 - the statute pertaining to sentencing for
felonies.
MS. MARASIGAN, in response to a question, mentioned that the
Public Defender Agency (PDA) submitted a zero fiscal note for
SB 151 and provided testimony during the bill's Senate committee
hearings, and that the bill as currently written was crafted
with input from the PDA.
1:38:44 PM
TRISH SMITH, Director, Prevention & Intervention Services,
Volunteers of America Alaska, said she supports SB 151,
considering its adoption necessary in order to help [defendants
with a FASD] be successful and avoid reoffending. Offering an
example of a defendant with a FASD who wasn't able to understand
given directions, she indicated that such people are often
unable to make the same mental connections that others without a
FASD make with ease on a regular basis.
1:43:57 PM
QUINLAN STEINER, Director, Central Office, Public Defender
Agency (PDA), Department of Administration (DOA), in response to
questions, recounted his understanding of how the court already
addresses mitigating factors; surmised that any defendant
correctly found competent enough to stand trial for purposes of
being convicted would also be competent enough to prove the
existence of the proposed mitigating factor for purposes of
sentencing; and predicted that under SB 151, illustrating the
required nexus between the condition and the conduct won't be
difficult in situations where the defendant is diagnosed with a
FASD.
REPRESENTATIVE GRUENBERG referred to the language in proposed
new AS 12.55.155(d)(20) that said a FASD "means a condition of
impaired brain function in the range of permanent birth defects
caused by maternal consumption of alcohol during pregnancy", and
questioned how the existence of a FASD would be determined
absent any information about or from the mother.
MS. MARASIGAN pointed out that there is already a procedure in
place for determining the existence of a mental disease or
defect - an existing mitigating factor - and explained that the
intention is for the same sort of procedure to be used to
determine the existence of a FASD - SB 151's proposed mitigating
factor.
1:53:17 PM
L. DIANE CASTO, Prevention and Early Intervention Manager,
Prevention and Early Intervention Services Section, Division of
Behavioral Health (DBH), Department of Health and Social
Services (DHSS), after providing some information about how the
presence of a FASD is currently being diagnosed via the use of
diagnostic teams, added that for purposes of SB 151's proposed
mitigating factor, determining the presence of a FASD, and the
specific impacts of that FASD on the defendant, is possible even
absent information from or about the defendant's mother.
REPRESENTATIVE GRUENBERG noted that the bill also contains
language requiring of the FASD that it "substantially impaired
the defendant's judgment, behavior, capacity to recognize
reality, or ability to cope with the ordinary demands of life".
MS. CASTO, in response to further questions, acknowledged that
the aforementioned diagnostic teams could serve as expert
witnesses, and indicated that obtaining a diagnosis of a FASD
would be incumbent on the defendants themselves - or their
families or defense counsel - whereas defendants who've already
been accurately diagnosed in the past as having a FASD won't
have to be re-diagnosed in order to comply with the bill.
2:06:23 PM
RICHARD SVOBODNY, Deputy Attorney General, Central Office,
Criminal Division, Department of Law (DOL), in response to
questions, explained that just as with an existing mitigating
factor, what expert testimony would be required and by whom such
testimony shall be presented would be decided by the court on a
case-by-case basis and would depend on the specific facts of
each case; and surmised that there could be cases in which the
question of whether the defendant really does suffer from a FASD
must be litigated.
MR. STEINER concurred, but ventured that in the majority of
cases, the presence of the FASD will have already been
established.
REPRESENTATIVE KELLER asked how often the proposed new
mitigating factor would be sought.
MR. SVOBODNY relayed that the DOL was unable to obtain a
consistent estimate and therefore submitted an indeterminate
fiscal note.
REPRESENTATIVE KELLER surmised that SB 151 would provide the
court with options when addressing defendants with an FASD.
MS. CASTO, in response to other questions, said that according
to statistics, each year in Alaska approximately 15 babies are
born with fetal alcohol syndrome (FAS), and an additional 155-
160 babies are born with some level of disability due to
prenatal exposure to alcohol, and therefore the total number of
people with a FASD is increasing every year regardless that it's
completely preventable.
VICE CHAIR THOMPSON, after ascertaining that no one else wished
to testify, closed public testimony on SB 151.
2:15:55 PM
REPRESENTATIVE KELLER moved to report CSSB 151(JUD) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSSB 151(JUD) was
reported from the House Judiciary Standing Committee.
2:16:18 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 |
|---|---|---|
| HB367 Sponsor Statement- House HSS 2.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB0367B.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367-ACS-TRC-3-04-2012 xls.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367 Fiscal Note-DOA-OPA-3-30-12.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367 Fiscal Note-DOA-PDA-3-30-12.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367 Fiscal Note-LAW-CRIM-03-30-12.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367 Support Document- Disablility Law Center 3-29-2012.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367 Support Document-Letter-Alaska FASD Partnership 3-30-2012.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB367-Support Document-Savings- CHART for Corrections-Case Management-3 30 12.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 367 |
| HB 269 CS (JUD) Vers M.pdf |
HJUD 4/6/2012 1:00:00 PM |
HB 269 |
| SB 151 Sponsor Statement.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note2.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note 3.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note 4.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151 Fiscal Note.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB151-Fiscal Note 5.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB 151 Letter of Support FASD Partnership.pdf |
HJUD 4/6/2012 1:00:00 PM SHSS 3/5/2012 1:30:00 PM SJUD 3/12/2012 12:30:00 PM |
SB 151 |
| SB0151 Senate JUD version U.pdf |
HJUD 4/6/2012 1:00:00 PM |
SB 151 |