Legislature(2019 - 2020)GRUENBERG 120
04/11/2019 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmations(s) Hearing|| Commissioner, Department of Public Safety | |
| HB10 | |
| HB118 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 110 | TELECONFERENCED | |
| += | HB 82 | TELECONFERENCED | |
| *+ | HB 33 | TELECONFERENCED | |
| *+ | HB 51 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 10 | TELECONFERENCED | |
| += | HB 118 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
April 11, 2019
3:11 p.m.
MEMBERS PRESENT
Representative Zack Fields, Co-Chair
Representative Jonathan Kreiss-Tomkins, Co-Chair
Representative Gabrielle LeDoux
Representative Andi Story
Representative Adam Wool
Representative Sarah Vance
Representative Laddie Shaw
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commissioner, Department of Public Safety
Amanda Price - Anchorage
- HEARD
HOUSE BILL NO. 10
"An Act relating to misconduct involving a controlled substance;
providing for substitution of judgment; and relating to
sentencing."
- MOVED HB 10 OUT OF COMMITTEE
HOUSE BILL NO. 118
"An Act relating to the duties of the commissioner of
corrections; and relating to planning for prisoner reentry."
- MOVED CSHB 118(STA) OUT OF COMMITTEE
HOUSE BILL NO. 110
"An Act relating to the transfer of a title to a boat on the
death of the owner; relating to the transfer of a title to a
vehicle, including certain manufactured homes and trailers, on
the death of the owner; allowing a person to act for the
surviving spouse of a decedent to enforce liability against real
property transferred at death; and providing for an effective
date."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 82
"An Act adding to the powers and duties of the State Commission
for Human Rights; and relating to and prohibiting discrimination
based on sexual orientation or gender identity or expression."
- HEARING CANCELED
HOUSE BILL NO. 33
"An Act relating to defenses to sexual assault; and relating to
registration of sex offenders."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 51
"An Act relating to probation; relating to a program allowing
probationers to earn credits for complying with the conditions
of probation; relating to early termination of probation;
relating to parole; relating to a program allowing parolees to
earn credits for complying with the conditions of parole;
relating to early termination of parole; relating to eligibility
for discretionary parole; relating to good time; and providing
for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 10
SHORT TITLE: CONTROLLED SUBSTANCE POSSESSION; SENTENCE
SPONSOR(s): REPRESENTATIVE(s) KOPP
02/20/19 (H) PREFILE RELEASED 1/7/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) STA, JUD
04/02/19 (H) STA AT 4:00 PM GRUENBERG 120
04/02/19 (H) Scheduled but Not Heard
04/09/19 (H) STA AT 3:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/11/19 (H) STA AT 3:00 PM GRUENBERG 120
BILL: HB 118
SHORT TITLE: OFFENDER REENTRY PLANNING BY CORRECTIONS
SPONSOR(s): REPRESENTATIVE(s) FIELDS
03/29/19 (H) READ THE FIRST TIME - REFERRALS
03/29/19 (H) STA, JUD
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
04/04/19 (H) Heard & Held
04/04/19 (H) MINUTE(STA)
04/09/19 (H) STA AT 3:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/11/19 (H) STA AT 3:00 PM GRUENBERG 120
WITNESS REGISTER
EDDIE ATHEY, Fire Chief
Seward Fire Department
Seward, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
JIM WHITAKER
Fairbanks, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
SCOTT KENDALL
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition during the
confirmation hearing on Commissioner Price.
MARCIA DAVIS
Anchorage, Alaska
POSITION STATEMENT: Testified in support during the
confirmation hearing on Commissioner Price.
REPRESENTATIVE CHUCK KOPP
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 10, as prime sponsor.
KATIE BOTZ
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 118, Version S.
DON HABEGAR, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 118, Version S.
KELLY GOODE, Deputy Commissioner
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
118, Version S.
ACTION NARRATIVE
3:11:11 PM
CO-CHAIR JONATHAN KREISS-TOMKINS called the House State Affairs
Standing Committee meeting to order at 3:11 p.m.
Representatives LeDoux, Story, Wool, Vance, Shaw, Fields, and
Kreiss-Tomkins were present at the call to order.
^CONFIRMATIONS(S) HEARING
^Commissioner, Department of Public Safety
CONFIRMATION HEARING(S)
Commissioner, Department of Public Safety
3:12:42 PM
CO-CHAIR KREISS-TOMKINS announced that the first order of
business would be confirmation hearings.
REPRESENTATIVE SHAW requested a personal presentation by
Commissioner Price before the House State Affairs Standing
Committee.
3:13:47 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on the
confirmation hearing on the commissioner of Department of Public
Safety (DPS).
3:14:14 PM
EDDIE ATHEY, Fire Chief, Seward Fire Department, testified that
he supports the confirmation of Commissioner Price.
REPRESENTATIVE WOOL asked what Mr. Athey's experience was with
Commissioner Price.
MR. ATHEY stated that he met her at the [Alaska] Fire Chiefs
legislative summit and was extremely impressed with the
direction that she wanted for DPS. He said, "I feel like ...
great things can happen under her leadership."
3:16:17 PM
JIM WHITAKER, Fairbanks, Alaska, paraphrased from his letter of
support dated 4/5/19, included in the committee packet, which
read in part [original punctuation provided]:
I was with the Governor Walker when Amanda Price was
hired to develop and implement policy regarding
domestic violence and sexual assault in Alaska. As
was evident then and now, this issue is a blight on
Alaskan society, and is of a magnitude so as to be
mind-numbing. It was clear from the beginning that
Amanda understood the dynamic she was tasked to deal
with; and was willing to reckon with the
institutional, societal, cultural, and political
complexities involved. During her tenure she
navigated a pathway that created the foundation for
finally dealing with and improving this unacceptable
circumstance.
She worked closely with the troopers, local
communities, and leaders at all levels to build
awareness and common purpose. She was a solid and
focused leader who garnered respect and appreciation
from others. As the Governor's chief of staff I
monitored and worked fairly closely with Amanda. As a
result my conclusions were, and are, that Amanda Price
is a person of high character, high intellect, of
tireless energy and work ethic, and sound judgement.
She is a strong and solid choice to fill a public
safety cabinet level/commissioner level position. I
highly recommend her.
3:19:18 PM
SCOTT KENDALL, Anchorage, Alaska, testified that he was chief of
staff to [former] Governor Bill Walker and Commissioner Price's
supervisor prior to her departure from her position with the
Walker administration. He stated that he has been contacted by
the press, legislators, and other individuals requesting him to
provide testimony. He stated that he has asked the Department
of Law (DOL) whether the Alaska Executive Branch Ethics Act [AS
39.52] or the Alaska State Personnel Act [AS 39.25] bars him
from testifying; he also asked the House State Affairs Standing
Committee to request Commissioner Price to waive her rights
under the Alaska State Personnel Act. He expressed his
understanding that she would not waive her rights but that he
should feel free to testify. He requested the committee to go
into an executive session under Rule 22(b)(2) of the Uniform
Rules, which read: "discussion of subjects that tend to
prejudice the reputation and character of a person;".
3:20:44 PM
The committee took a brief at-ease at 3:21 p.m.
3:21:09 PM
CO-CHAIR KREISS-TOMKINS stated that the committee declined that
request.
MR. KENDALL stated that he believes in the mission of DPS, has
worked closely with the department, and would never do anything
to harm the department. He expressed that although his
testimony is difficult to give, he believes it is important
information for the legislature and the [Governor Michael J.]
Dunleavy administration.
MR. KENDALL relayed that DPS commissioner is an important and
powerful appointment; lives hang in the balance; and the
commissioner has access to incredibly sensitive information. He
expressed that a commissioner of DPS must have three critical
qualities: relevant experience, integrity, and a strong work
ethic. He said that in his judgement, Commissioner Price falls
short in all three categories.
MR. KENDALL related that when he became chief of staff, it was
brought to his attention that Commissioner Price had been
involved in two incidences of either plagiarism or copying work
of another and passing it off as her own. One incident was
brought to the attention of the governor's office by staff to a
member of the Senate majority; it related to Senate Bill 91
[passed during the Twenty-Ninth Alaska State Legislature, 2015-
2016, and signed into law 7/11/16] and criminal justice reform.
Another incident was discovered internally and was related to
suicide prevention. He said that in both cases, he did not
experience the incidents personally, but they were conveyed to
him secondhand. He stated that he was told that she was
admonished by her supervisor at the time for these incidents.
He relayed that it was also conveyed to him that on at least one
occasion, she was told by her supervisor to attend a certain
meeting or be in a certain place, and without approval failed to
attend. He maintained that for him, these occurrences raise
issues of integrity. He said that upon his arrival to his
position [as chief of staff] her chronic absenteeism was brought
to his attention; by the account of most of the staff, she was
almost literally never in the office; she did not attend
meetings for which she was scheduled; and she was not where she
reported herself to be.
MR. KENDALL stated that when he started his position, she was on
a plan for improvement under which she was to submit a report of
her activities for the week and her upcoming activities every
Friday at 4:30. His understanding was that she almost never
produced such a report; during his time as her supervisor, he
never saw such a report. He said that when he arrived in his
position, he heard these issues, considered them bad for staff
morale, and inexcusable if true; however, since he did not know
Commissioner Price or most of the staff, he determined to give
her a chance. He said that he sent out a directive to all staff
that they must be physically present in their office during
regular hours or their calendars should indicate where they are.
He said that on more than one occasion, when Commissioner Price
was not in the office, he had staff check to see if she was
where her calendar indicated or if she was meeting with whom she
said she was meeting. On several occasions the people with whom
she was reportedly meeting said, "We have not seen her in weeks
or months." He relayed that in the three months that he
supervised her, he saw her on only three occasions - two were
meetings he had scheduled with her. She was not present at any
of his meetings with the governor. He said that based on her
chronic absenteeism and the apparent lack of truthfulness about
where she was, he decided to recommend her termination. He
expressed his belief that her experience in the Walker
administration should not be counted as relevant experience for
the position of commissioner. He said that he does not believe
her to have a strong work ethic, and her integrity is suspect
because of her lack of truthfulness and plagiarism.
REPRESENTATIVE WOOL referred to Mr. Whitaker's testimony giving
Commissioner Price a very positive review. Representative Wool
mentioned that he was shocked at the degree of absenteeism and
unaccountability in her whereabouts. He asked whether Mr.
Kendall had heard of these issues before he started his
position.
3:28:07 PM
MR. KENDALL answered that he did hear about the absenteeism
immediately upon meeting the governor's office staff. He said
he cannot speak for Mr. Whitaker; however, his [own] style of
management was much more "hands-on." He said that it is
difficult to testify negatively about someone. He offered,
"It's much easier for me to say nice things about someone, than
to say hard truths." He maintained that it was important for
him to provide the truth as he knows it to people who will be
voting for the confirmation of someone in such a powerful
position.
REPRESENTATIVE WOOL asked Mr. Kendall to describe the
circumstances around Commissioner Price's departure from the
governor's office.
MR. KENDALL replied that he made his recommendation to the
governor [to terminate Commissioner Price] and the governor
agreed with the recommendation readily. Mr. Kendall met with
Commissioner Price and conveyed to her that her choices were to
resign or be terminated. He said that she repeatedly attempted
to get into a substantive discussion about why she should not be
terminated; he told her that they should agree that [her
employment] is not working; he had already made up his mind. He
maintained that he did not want to get into a substantive
conversation with her about the many issues he had with her work
and her character issues, because he thought it would be painful
for her to hear, and the decision had already been made. He
didn't feel it would be a productive conversation because at
that point he didn't believe he would be able to trust anything
she had to say. He stated that it was a 20-minute meeting
during which he repeatedly presented her with what her choices
were.
REPRESENTATIVE WOOL asked Mr. Kendall whether there were any
positive results from Commissioner Price's work.
MR. KENDALL maintained that the rape kit initiative was an
incredibly important accomplishment. Upon Commissioner Price's
resignation, a subordinate was elevated to Commissioner Price's
position, and the immediate upgrade in the work product led him
to believe that essentially most of the positive accomplishments
were probably attributed to this subordinate.
REPRESENTATIVE LEDOUX offered that she feels conflicted because
she respects Mr. Kendall's opinion as well as the opinions of
Mr. Whitaker and Ms. Davis. She asked if Ms. Davis was a deputy
chief of staff during Mr. Kendall's tenure.
MR. KENDALL replied that Ms. Davis was deputy chief of staff for
a very brief period after he became chief of staff.
3:33:08 PM
REPRESENTATIVE LEDOUX asked how many absentee incidences he
observed himself, as opposed to those brought to his attention
by Commissioner Price's subordinates. She also asked how many
different people offered complaints.
MR. KENDALL responded that when he first started his job, he was
approached by many staff - both in superior and parallel
positions to Commissioner Price - about the absenteeism. He
mentioned that sadly her absenteeism was almost a joke among
staff; he found the tone of people's comments incredibly toxic
to staff morale. He was unsure of the validity of the comments
and was determined to give her a chance. He said that
personally he witnessed the chronic absenteeism every day. He
stated that he, himself, worked every day - with no days off -
and saw her three times. Once he passed her in the hall and the
other two times were at scheduled meetings. He maintained that
it was not her subordinates complaining that she wasn't where
she was supposed to be, but a staff subordinate to him acting at
his direction to check on her.
REPRESENTATIVE LEDOUX asked Mr. Kendall to be specific regarding
the allegations of plagiarism.
MR. KENDALL acknowledged that he did not experience this issue
firsthand but was explained to him as follows: Something that
she had produced for the legislature and was distributed to the
legislature was discovered by a staff member to the Senate
majority to have come from an internet source. He stated that
the other matter involved a suicide prevention initiative that
was to be her "white paper" and was copied from a document from
another state. He said that in both instances it was conveyed
to him that the work was presented as her work but was not her
work.
3:37:34 PM
REPRESENTATIVE SHAW stated that he was formerly the director of
the Alaska Police Standards Council (APSC), which is the
regulatory agency for law enforcement for the state. As
director he took disciplinary action against troopers: a
trooper was relieved of his commission for something as simple
as using the authority of being a state trooper to ask for a
discount for a battery at an automobile parts store; another was
fired for cheating on a test for promotion. He maintained that
personal integrity is an essential characteristic for a member
and representative of law enforcement - especially for someone
holding a position of such high significant authority. He asked
Mr. Kendall if he agrees that to be the commissioner of DPS, the
individual should be not only above reproach but without
blemish.
MR. KENDALL responded that he agrees; he comes from a law
enforcement family; he was going to be a cop until he
misguidedly attended law school. He said that he couldn't agree
more that people in law enforcement, because of the power they
wield and the trust they hold, must be held to absolutely the
highest standard.
CO-CHAIR FIELDS referred to Mr. Kendall's testimony that DPS
commissioner is a very important position, in which life and
death hang in the balance. He asked Mr. Kendall to relay the
tasks of the DPS commissioner and explain why the position is
one of the most powerful and important roles in state
government.
MR. KENDALL responded that he worked closely with [former]
Commissioner [Walt] Monegan and the entire DPS family. The
commissioner of DPS wields significant power and holds the
public trust; they have access to Federal Bureau of
Investigations (FBI) databases. The commissioner of DPS
allocates resources across the state - one-fifth the size of the
rest of the U.S. - and he/she cannot afford to "play favorites"
or "be asleep at the switch." He stated, "It's an amazingly
complex dance that they do, and they don't have near the
resources, in my opinion, that they need." He emphasized that
the judgement of the commissioner must be laser-focused on the
safety of all Alaskans. He stated that if one plays favorites
by moving resources out of a region, doesn't make a critical
decision, or makes any decision based on personal interest
rather than what is best for the department and Alaskans, lives
hang in the balance. The types of information the commissioner
has access to is immense and must be used only for the right
reasons.
CO-CHAIR FIELDS referred to Commissioner Price's testimony in
the Senate Finance Committee, in which she stated that she
resigned due to differences with the governor over Senate Bill
91. He asked whether that was accurate.
MR. KENDALL replied, "That is 100 percent false." He maintained
that her position on Senate Bill 91 was neither discussed during
his meeting with her nor was it discussed during his meeting
with the governor. He stated that she did not participate in
Senate Bill 91 enough for him to know her position on it. She
was terminated solely for the reasons he has given; he has no
recollection of any discussion with her on Senate Bill 91 or
criminal justice policy.
3:42:03 PM
CO-CHAIR FIELDS referred to her testimony that Senate Bill 91
was the reason for her departure and asked whether he witnessed
her substantively engaging in that issue at all.
MR. KENDALL answered that he did not; his discussion with her
was regarding the choice to resign or be terminated due to
absenteeism and honesty issues.
CO-CHAIR FIELDS asked Mr. Kendall whether he believes
Commissioner Price is a good fit for the position of
commissioner and if he were a legislator, would he vote to
confirm her.
MR. KENDALL replied, "I absolutely would not vote to confirm Ms.
Price."
3:43:35 PM
MARCIA DAVIS testified that she was in the governor's office
from the very beginning of Commissioner Price's tenure; she
interviewed Commissioner Price for the job on behalf of the
governor; her impression was that Commissioner Price was direct,
forceful, and non-bureaucratic, and would be an atypical but
brilliant choice for hire. Commissioner Price was a policy
analyst; Ms. Davis was her day-to-day direct supervisor; and
Chief of Staff Whitaker managed any direct work Commissioner
Price had with the governor. She stated that she managed the
governor's Anchorage Office and interfaced with the governor's
Juneau office. She relayed that she sensed tension between the
two offices; there was a perception that the Juneau staff was
hard-working and overtasked, and those in the Anchorage office
were "slackers." She said that she worked hard to mitigate that
issue; she had to quell pettiness, inuendo, and character
assassination.
MS. DAVIS expressed her belief that hiring Commissioner Price
was an inspired choice by the governor: Commissioner Price was
a revolutionary; she set about to "right the world"; she did not
make many friends among AST; she worked very hard to distribute
the sexual assault kits and to push that effort forward. Ms.
Davis maintained that the sexual assault kit effort was driven
by Commissioner Price - not by an intermediary or a subordinate.
Ms. Davis explained that Commissioner Price was on the road
and visiting offices; keeping a calendar on her activities would
have been ridiculous; she did not operate like a "good little
bureaucrat" who calendared a simple day of meetings. She
maintained that Commissioner Price had a hectic schedule, was
"pulled in a lot of directions," responded to emergency
situations, answered the public as the sexual assault advocate,
and managed and negotiated sensitive issues. Ms. Davis asserted
that Commissioner Price secured money for the state by tracking
people down; she harassed and harangued the right people to get
the right results for Alaska. These things were not on a
calendar and the time it would take to reconstruct a calendar
after the fact was better spent on other things.
MS. DAVIS relayed that she met with Commissioner Price three to
four times per week; she received briefings from Commissioner
Price that were oral, to the point, and direct; the commissioner
always solicited guidance from Ms. Davis, then acted. Ms. Davis
expressed her dismay at the allegations of plagiarism; she said
that she would not want to pay an employee to come up with
originally composed informational papers; taking information
from the internet leads to position papers that are quick and
accurate; the purpose was to educate people, not take credit for
something not hers. She summarized by saying that there was no
chronic absenteeism during the two years she worked with
Commissioner Price; she was where she said she would be; there
was evidence the job was being performed; and she knew of no
plagiarism. She emphasized that if a supervisor had such issues
with an employee, she would expect the supervisor to raise those
issues with the employee and deal with them in a disciplinary
manner. The fact that no one ever approached Commissioner Price
about absenteeism or plagiarism is shocking and indicates to her
that the "pettiness machine" in Juneau resumed after Ms. Davis
left.
3:52:10 PM
REPRESENTATIVE SHAW asked Ms. Davis whether she and Mr. Whitaker
left the Walker administration about the same time, and whether
that was about the same time frame as Mr. Kendall joining the
administration.
MS. DAVIS responded, yes.
REPRESENTATIVE SHAW asked Ms. Davis what qualifications
Commissioner Price had to be a policy analyst, when Ms. Davis
interviewed her for the position.
MS. DAVIS answered that Governor Walker wanted someone who knew
the issue from "the ground up" - who knew the issue on the grass
roots level. He wanted someone who understood the issue from
the victim's point of view. Commissioner Price was able to try
to fix the broken systems. Commissioner Price's qualifications
included her organizational abilities, her work at Standing
Together Against Rape (STAR), and her references.
REPRESENTATIVE SHAW asked Ms. Davis whether during the
interview, she inquired as to Commissioner Price's formal
education.
MS. DAVIS replied that she had Commissioner Price's resume;
Commissioner Price did not hold a bachelor's degree in law
enforcement; she was hired due to her work experience.
REPRESENTATIVE SHAW asked, "Did she have a bachelor's degree
when you interviewed her?"
MS. DAVIS replied that it was so long ago, she can't recall.
REPRESENTATIVE SHAW asked whether Ms. Davis was aware of any
personal financial concerns during the interview.
MS. DAVIS said, no.
3:54:33 PM
REPRESENTATIVE WOOL asked whether the interview was the first
time Ms. Davis had met Commissioner Price.
MS. DAVIS answered, yes, that she had never met her before the
interview.
REPRESENTATIVE WOOL asked about documents that Commissioner
Price wrote.
MS. DAVIS answered that Commissioner Price did the federal grant
paperwork. She wrote short briefing status reports to Mr.
Whitaker and Ms. Davis. Most of her work did not consist of
policy papers; her work involved meeting with people to make
changes in the procedures.
REPRESENTATIVE WOOL questioned, "I thought you said she was a
policy analyst."
MS. DAVIS answered that "policy analyst" was the position title;
however; she was acting on the governor's priorities as a
"problem fixer" in the sex abuse area; she was to fix the delays
[for rape kit processing] and ineffective prosecutions.
REPRESENTATIVE WOOL asked whether the Anchorage office had
regular video conference meetings with the Juneau office.
MS. DAVIS responded, yes. They had a Tuesday morning staff
conference call; everyone available would call in and report on
their activities. She said that Commissioner Price attended -
telephonically - most of those meetings.
REPRESENTATIVE WOOL asked whether Ms. Price was aware of several
meetings that she did not attend.
MS. DAVIS replied that Commissioner Price only missed a meeting
when she was in transit or at a conference. At the staff
meetings, Commissioner Price would deliver a full verbal report.
REPRESENTATIVE SHAW referred to Ms. Davis's previous testimony
that Commissioner Price had on occasion differences with
troopers on administrative or policy issues. He asked Ms. Davis
to tell the committee what she thinks qualifies Commissioner
Price to be the commissioner of DPS.
MS. DAVIS responded that she believes her qualifications are as
follows: she is familiar with the organization, has tracked the
issues, has worked closely with senior staff, and has been able
to get cooperation and movement on pressing issues. She had
challenges on the rank-and-file level while trying to track the
rape kits in Bethel; the kits were in a closet and not in
compliance with the handling of evidence. She had to challenge
those situations and rectify them; changing the status quo
didn't always make her popular with field personnel; but she
never caused the field personnel to be punished, reprimanded, or
disciplined. Ms. Davis stated that people don't like change;
when you change systems, it makes people uncomfortable and
tired.
3:59:14 PM
CO-CHAIR KREISS-TOMKINS, after ascertaining that there was no
further testimony, closed public testimony on the confirmation
hearing on the commissioner of DPS.
HB 10-CONTROLLED SUBSTANCE POSSESSION; SENTENCE
3:59:48 PM
CO-CHAIR KREISS-TOMKINS announced that the next order of
business would be HOUSE BILL NO. 10, "An Act relating to
misconduct involving a controlled substance; providing for
substitution of judgment; and relating to sentencing."
4:00:31 PM
REPRESENTATIVE CHUCK KOPP, Alaska State Legislature, relayed
that the intent of HB 10 is to address a growing opioid crisis;
the state has struggled with the enforcement, behavioral health,
and mental health aspects of the issue. The question is, How
does the state use its resources and the law to arrive at a
better result, which is to reduce addiction and dependency and
increase public safety.
REPRESENTATIVE KOPP cited the Department of Health and Social
Services (DHSS) publication, [entitled "2018-2022 Statewide
Opioid Action Plan," document not provided], which read:
During 20102017, with 623 identified opioid overdose
deaths, the opioid overdose death rate increased 77%
(from 7.7 per 100,000 persons in 2010 to 13.6 in
2017). Synthetic opioids, excluding methadone, caused
37 deaths 37% of all 2017 opioid overdose deaths,
with fentanyl contributing to 76% (28 of 37) of those
deaths.
REPRESENTATIVE KOPP stated that a few years ago the law stated
that possession of any amount of a Schedule IA or IIA substance
- which includes heroin, cocaine, opioids, and methamphetamines
- was a Class C felony. From a law enforcement point of view,
it was easy to prosecute. Subsequently, Alaska had a huge
public policy debate about whether the real problem - the
addiction rate - was being reduced. At that time, the penalty
for simple possession was reduced to misdemeanor; that resulted
in people being charged with innumerable misdemeanors with no
incentive to enter a treatment program.
REPRESENTATIVE KOPP referred to a document, included in the
committee packet, entitled "HB 10 Background Information," to
point out the schedule of drugs and the penalties. Schedule IA
and IIA drugs are listed in the document, which read [original
punctuation provided]:
Schedule IA
Illegal because they have high abuse potential and
severe safety concerns: for example, heroin, opium,
hydrocodone, oxycodone, fentanyl, (pain patch) - can
be used to treat severe pain. Can cause life-
threatening respiratory distress when taken in high
doses or when combined with other substances. Also,
has a high risk of dependency. Also, GHB, date-rape
drugs.
Schedule IIA
Hallucinogenic substances and substances that suppress
or stimulate the central nervous system that have a
high potential for abuse and dependence and the
potential for severe addiction. These drugs include
methamphetamines including meth, LSD, the barbiturates
and cocaine.
REPRESENTATIVE KOPP paraphrased from the sponsor statement,
included in the committee packet, which read:
As Alaska looks to end the opioid and drug abuse
epidemic, it needs innovative solutions to help those
struggling with addiction recover and return to
leading productive lives.
House Bill 10 seeks to be a piece of the puzzle by
creating an incentive for drug offenders to seek
rehabilitation instead of continued criminal behavior.
House Bill 10 first converts the repeat possession of
IA and IIA controlled substances from misdemeanor to
felony charges.
A judge may then propose to vacate an offender's
felony possession conviction, resulting instead in a
misdemeanor charge, upon the completion of a treatment
program.
This option for a felony-to-misdemeanor conversion is
known as a "substitution of judgement". If the
offender does not successfully complete their court-
approved rehabilitation, their felony conviction would
stand.
This path for a substitution of judgment does not
apply to offenders charged with other crimes at the
time of their possession conviction, including gun-
related crimes, nor is it an option available to
offenders more than once.
Those involved in law enforcement and criminal justice
recognize the need for offenders who are consistently
culpable of drug possession to get treatment for their
underlying addiction.
However, Alaskans struggling with addiction often need
a push to enter a program and turn their lives around.
House Bill 10 aims to provide an accountable,
responsible mechanism to help treat addiction in our
state, and provide for increased public safety and
productivity.
REPRESENTATIVE KOPP added that all the data points - from the
Alaska Criminal Justice Commission (ACJC), therapeutic courts,
and Alaska behavioral health agencies - indicate that court-
appointed treatment programs work. They have the highest rates
of success. He maintained that HB 10 would encourage offenders
into these programs in lieu of a felony conviction. Once a
person has a felony conviction, professional [employment]
opportunities become extremely limited and the offender and
his/her dependents are likely to rely public assistance
indefinitely.
4:07:37 PM
CO-CHAIR FIELDS stated that he has heard anecdotally from law
enforcement that about 90 percent of crimes - such as burglaries
- are rooted in addiction. He asked whether that perception is
consistent with Representative Kopp's experience and, therefore,
the proposed legislation could have a positive impact for
reducing property crime in his own community.
REPRESENTATIVE KOPP responded that substance abuse plays a very
important role. He estimates that about 70 percent of all
crimes are tied directly to substance abuse; it directly
precipitates crime.
CO-CHAIR FIELDS expressed his belief that HB 10 would address
one of the root causes of the crime that is making his
constituents feel unsafe.
REPRESENTATIVE LEDOUX suggested that deferred prosecution is
different than suspended imposition of sentence; under suspended
imposition of sentence one must answer "yes" to the question of
having been convicted of a felony, but not under a deferred
prosecution.
REPRESENTATIVE KOPP agreed. To be in the program [under HB 10]
the offender must have made a plea; however, the felony
conviction would be held in abeyance until the offender
demonstrated that he/she was not willing to materially
participate in his/her own rehabilitation.
REPRESENTATIVE LEDOUX commented that the proposed legislation
would give the offender one more chance to "straighten out."
REPRESENTATIVE KOPP agreed.
REPRESENTATIVE STORY asked whether Alaska has the treatment
programs and the resources to provide the treatment programs.
REPRESENTATIVE KOPP replied that Alaska has treatment programs
but could use more. The House just passed the mental health
operating budget [4/11/19], which includes significant treatment
resources. Every year the state has become more and more
focused on funding treatment programs, because, ultimately, they
show a very high rate of success in breaking the cycle of
addiction and reducing incarceration and public assistance
costs. Investing in treatment in the front end saves money
later.
REPRESENTATIVE STORY asked to be provided with more information
on the treatment programs and options within Alaska's prison
system.
4:11:49 PM
REPRESENTATIVE WOOL referred to the provision under HB 10 -
changing a mandatory felony to a misdemeanor for a simple
possession - and suggested that the impetus for the proposed
legislation is to avoid the negative path that a felony would
hold for the offender and to provide a disincentive for the
offender to have repeat felony convictions and continue to use
drugs.
REPRESENTATIVE KOPP answered, yes, it can be viewed in the
positive in that the offender is allowed misdemeanor drug
possession charges - relapse is a part of recovery - but not
indefinitely. He said that HB 10 would put a provision in the
law for the court to order the offender into treatment. He
offered that someone with a third conviction most likely has a
drug problem. If the offender successfully completes the
program, the felony conviction would be held in abeyance, and
the charge would be entered as a misdemeanor. He reminded the
committee that a misdemeanor is not inconsequential.
REPRESENTATIVE KOPP reiterated the history of Alaska's drug
possession laws and offered that because all Class C felonies
are not equitable, the legislature decided to review sentencing.
He said that HB 10 recognizes that a felony is a serious charge,
but one should earn it and show that he/she is not willing to
meaningfully participate in his/her own rehabilitation. Alaska
would be balancing the need to help addicts recover with
accountability.
REPRESENTATIVE WOOL expressed that the drugs are very addictive,
and it is very hard for addicts to quit. He asked whether
someone with a second-time possession conviction, who opts to
enter treatment, would be paying for the treatment.
REPRESENTATIVE KOPP clarified that it would be the third
conviction; the offender would have to be convicted two or more
times before the provision under HB 10 would apply. He
explained that the proposed legislation recognizes that relapses
occur. He answered that court-ordered treatment is based on the
defendant's ability to pay. Sometimes the state pays and
sometimes the defendant pays.
4:17:07 PM
CO-CHAIR KREISS-TOMKINS asked how frequently the courts elect to
use this sentencing tool in other states or jurisdictions that
have this provision.
REPRESENTATIVE KOPP answered that he does not have that data.
He stated that generally either states charge the drug offenses
as felonies and do not have this tool, or states charge them as
misdemeanor possession and do not have this tool. He maintained
that the approach under HB 10 is innovative because it holds the
"hammer" of the law in abeyance and the focus on is getting the
offender into treatment. He reiterated that therapeutic courts
have remarkably high success rates, because they have methods of
keeping close accountability and contact. The felony hammer is
a valuable tool to incentivize people to enter treatment.
CO-CHAIR KREISS-TOMKINS commented that a state attorney
described for him the therapeutic court system; there are
remarkable parallels between that system and the proposal under
HB 10. The attorney expressed to Representative Kreiss-Tomkins
how profoundly successful the therapeutic courts have been for
people who are often very deeply troubled. He expressed his
enthusiasm for the premise of HB 10.
REPRESENTATIVE VANCE expressed her belief that HB 10 presents a
needed and helpful tool. She stated that in Alaska, the
availability of treatment is a big challenge; her concern is
that the Alaska Court System would be creating a false sense of
hope that treatment options are available in all communities,
because it is not. She offered that [Homer] is trying to
implement a treatment program, because clients in the lower
Kenai Peninsula must travel to Kenai, Anchorage, or Soldotna,
which are at least 70 miles away. The clients often don't have
the money for a tank of gas, or can't make the trip, therefore,
reoffend. She has heard testimony that some people will
reoffend in order to return to jail and get help. She asked for
information on the treatment available outside the prison
system. She expressed the need for implementing a phased plan
for the legislature: coming up with a cost, building the
resources necessary, moving in the right direction, and starting
to reduce opioid addiction.
REPRESENTATIVE KOPP responded that the road system communities -
including Juneau - have resources; they make up about 70 percent
of the population of the state; therefore, HB 10 would have an
immediate impact on the majority of most of the state's
population. He acknowledged that in rural Alaska, more
resources are needed. He asserted that not having 100 percent
of the resources that are needed would not keep him from
advancing the legislation, knowing that it that could make
improvements to much of Alaska. He maintained that funding
treatment programs is almost ten-to-one better than
incarceration in cost, value served, and end results. He
offered that the Alaska Mental Health Trust Authority (AMHTA)
could better respond to the question of availability of
resources across the state. He suggested that ultimately HB 10
would save the state money.
4:23:15 PM
REPRESENTATIVE WOOL related previous committee testimony:
Department of Corrections (DOC) tries to return released inmates
to their home communities to be near their support systems;
however, many are under court-mandated treatment programs, which
require them to stay in Anchorage, resulting at times in poor
lifestyle choices. He expressed his concern that lack of
treatment programs in rural Alaska could create this same
predicament. He said he supports the encouragement for
treatment under HB 10. He asked whether the offender would be
charged with the felony if he/she tried to complete treatment
but does not.
REPRESENTATIVE KOPP answered, "That is correct, if they fail to
comply with the program." He said that successful completion of
the program means that the person was responsive to every
correction from the court; it does not mean that they never
relapsed, but only that they never committed a new violation
that rose to the level of reincarceration. He stated that the
intention is for offenders to stay with the treatment program
and complete it; they are the ones who have a high probability
of breaking the addiction cycle; and the treatment program does
it through intensive mentorship and accountability. He added
that the court has flexibility on the treatment schedule and
location of treatment.
4:26:59 PM
CO-CHAIR FIELDS moved to report HB 10 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 10 was reported from the House
State Affairs Standing Committee.
HB 118-OFFENDER REENTRY PLANNING BY CORRECTIONS
4:27:25 PM
CO-CHAIR KREISS-TOMKINS announced that the final order of
business would be HOUSE BILL NO. 118, "An Act relating to the
duties of the commissioner of corrections; and relating to
planning for prisoner reentry."
[Before the committee was the committee substitute (CS) for HB
118, Version S, adopted on 4/4/19.]
4:27:39 PM
The committee took an at-ease from 4:28 p.m. to 4:30 p.m.
4:30:15 PM
CO-CHAIR KREISS-TOMKINS opened public testimony on HB 118,
Version S.
4:31:27 PM
KATIE BOTZ testified that she is tired of the criminals
returning to the communities and reoffending. She expressed her
belief that DOC needs to be tougher on the offenders. [Due to
poor sound quality, portions of the audio are indiscernible
throughout.]
4:34:22 PM
DON HABEGAR, Community Coordinator, Juneau Reentry Coalition,
stated that the coalition supports written case management plans
that begin in the institution and follow the offender into the
community. The plans are excellent roadmaps that help structure
reentry: they get the offender to treatments that are required
and needed; they help find suitable housing for the individual;
and they provide excellent collaboration with DOC, services, and
the community.
CO-CHAIR KREISS-TOMKINS closed public testimony on HB 118,
Version S.
4:36:06 PM
REPRESENTATIVE VANCE asked whether the changes under Version S
would be achievable for DOC to be able to implement soon.
4:36:39 PM
KELLY GOODE, Deputy Commissioner, Department of Corrections,
answered that DOC worked with the sponsor to ensure that the
changes could be implemented. She stated that the changes are
achievable; the reporting guidelines under Version S can be
performed without fiscal impact.
REPRESENTATIVE WOOL asked whether the reporting and other
requirements under Version S constitute a good use of DOC
resources.
MS. GOODE stated that under the original version of HB 118, the
reporting requirements would have been onerous to the
department; however, Version S amended them. She said that the
report will show how many active offender management plans
(OMPs) are in the system at one time, how many new OMPs began
during the year, and how many OMPs were updated. She maintained
that reporting the number of plans that are updated gives the
legislature a sense of regular work on the plans.
REPRESENTATIVE WOOL asked whether every offender who is in an
institution for 90 days participates in a plan; that is, do 100
percent of the offenders participate in a plan, or are there
some who opt out or don't need a plan.
MS. GOODE responded that the plan does not apply to everyone;
only those ranking medium or high risk on the Level of Service
Inventory (LSI-R); they are the ones that DOC knows need OMPs.
In answer to Representative Wool's second question, Ms. Goode
said that DOC cannot force anyone to participate in a plan; DOC
can encourage, incentivize, and work with an inmate. There are
some inmates who are not interested in plans; but an inmate
still has a plan if the LSI-R rates the individual as needing
one; the inmate may or may not work the plan. She added that
the report would only include those incarcerated 90 days or
longer; the reason is that giving numbers on short-term inmates,
who most likely would not have worked on a plan, would skew the
numbers. This ensures plans are being written for the
appropriate inmates and gives the legislature the data it
desires.
4:41:15 PM
REPRESENTATIVE STORY referred to page 4, lines 14-24, of HB 118,
Version S, and asked whether the data in the report would
include the services that the inmates received and information
about which services were most helpful.
MS. GOODE responded that if they attempted to report on services
that inmates with OMPs received, the numbers would be skewed.
She gave an example: for an inmate with a master's degree,
there would be no reason for DOC to work with that inmate on the
education component of an OMP; the report would count that
inmate in the number that is not receiving education services,
yet, not be able to tell the reason why DOC is not providing
this service.
REPRESENTATIVE STORY said that she was interested in knowing
whether the services called for in the plans were received and
whether the OMPs made a difference.
MS. GOODE answered that all the services - substance abuse,
mental health care, education - are recorded in the OMPS, but
would not be in the report to the legislature under Version S.
4:44:39 PM
CO-CHAIR KREISS-TOMKINS asked about the 99-year threshold on
page 3, lines 5-6, of HB 118, Version S.
CO-CHAIR FIELDS explained that the threshold reflects the fact
that some sentences are very long, yet the inmate still may be
released at some point; it makes sense that these individuals
participate in an OMP.
REPRESENTATIVE STORY asked about Alaska's available services and
resources offered.
CO-CHAIR FIELDS responded that DOC sent him a list of services
by institution; they vary by staff and infrastructure. He will
provide her with that list.
REPRESENTATIVE WOOL asked whether the reporting requirement
under Version S would be indefinite.
CO-CHAIR FIELDS replied that Version S would not create a new
reporting requirement; it would be modifying an existing
reporting requirement. He referred to the report in the
committee packet, entitled "Joint Annual Report on Recidivism
Reduction Fiscal Year 2018," to point out the existing report.
The new report would be linked to the existing report.
REPRESENTATIVE STORY stated that she supports the proposed
legislation.
CO-CHAIR FIELDS thanked the contributing agencies.
4:49:05 PM
REPRESENTATIVE WOOL moved to report the CS for HB 118, Version
31-LS0724\S, Radford, 4/3/19, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 118(STA) was reported from the House State
Affairs Standing Committee.
CO-CHAIR KREISS-TOMKINS spoke about confirmations that have been
referred to House State Affairs Standing Committee.
4:50:43 PM
The committee took a brief at-ease at 4:51 p.m.
4:51:13 PM
ADJOURNMENT
The House State Affairs Standing Committee meeting was recessed
to a call of the chair.
[The meeting reconvened April 12, 2019 at 9:30 a.m.]