Legislature(2019 - 2020)SENATE FINANCE 532
04/24/2019 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB32 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 32 | TELECONFERENCED | |
| + | SB 35 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 24, 2019
1:33 p.m.
1:33:59 PM
CALL TO ORDER
Co-Chair von Imhof called the Senate Finance Committee
meeting to order at 1:33 p.m.
MEMBERS PRESENT
Senator Natasha von Imhof, Co-Chair
Senator Bert Stedman, Co-Chair
Senator Click Bishop
Senator Lyman Hoffman
Senator Peter Micciche
Senator Donny Olson
Senator Mike Shower
Senator Bill Wielechowski
Senator David Wilson
MEMBERS ABSENT
None
ALSO PRESENT
John Skidmore, Director of the Criminal Division,
Department of Law; Michael Duxbury, Deputy Commissioner,
Department of Public Safety; Senator Shelley Hughes;
Senator Mia Costello; Senator Cathy Giessel; Senator Laura
Reinbold.
SUMMARY
SB 32 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
SB 32 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 32
"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."
1:36:10 PM
JOHN SKIDMORE, DIRECTOR OF THE CRIMINAL DIVISION,
DEPARTMENT OF LAW, discussed the presentation, "A Look-back
on Criminal Justice Reform (copy on file). He highlighted
slide 2, "Goals of Reform":
"Local legislative interest in these efforts were
heightened by reports that the Alaska prison
population was up 27 percent over the last decade,
growing at a rate of 3 percent a year, and that
recidivism remained high with nearly two out of three
offenders returning to prison or jail within three
years. Absent further reforms, it was projected that
the number of persons incarcerated would soon exceed
current hard-bed capacity."
Source: Alaska Criminal Justice Commission 2015
Annual Report, p 1, Dated: Feb 1, 2016
1. Reduce the prison population
2. Reduce Recidivism
Mr. Skidmore addressed slide 3, "Projected Prison
Population." He stated that the reform was expected to cut
prison population by approximately 13 percent, and the
number of projected inmates was by 27 percent. He noted
that the grey began July 1, 2016, and prior to that there
was a continued increase in the prison population. The
slide could still be found in Pew reports.
Mr. Skidmore discussed slide 4, "Actual Prison Population."
The slide was dated in 2018, and pointed to 2014, 2015, and
2016. He remarked that the prison population decreased
substantially prior to the passage of SB 91.
1:40:10 PM
Mr. Skidmore looked at slide 5, "Goal: Reduce Recidivism":
"The state's growing prison population and increased
corrections spending, however, had not produced
commensurate improvements in public safety outcomes:
nearly two out of every three people released from
Alaska prisons returned within three years."
Source: Alaska Criminal Justice Commission 2016
Annual Report, p 3
Dated: Sept 30, 2016
1:41:04 PM
Co-Chair Stedman looked at slides 3 and 4, and noted that
slide 3 reflected an inaccurate depiction of the prison
population relative to slide 4. He stated that slide 3 was
made by the Alaska Department of Corrections (DOC) as a
source document; and the source document on slide 4 was the
Alaska Criminal Justice Commission 2018 annual report. He
queried the discrepancy.
Mr. Skidmore replied that slide 3 was created by the Pew
Trust, and was presented to many committees during the
consideration of SB 91. The data, they say, they received
from DOC. He noted that slide 4 was placed in and published
by Alaska Criminal Justice Commission in 2018, and DOC
helped present the slide.
Co-Chair Stedman felt it odd that the presentations from
Pew were inaccurate, and that no one would notice that
discrepancy.
Senator Wielechowski looked at slide 4, and noted that the
former Attorney General had testified that either 5000 or
7000 were set free because of the lack of resources to
prosecute those criminals. He wondered whether that had an
impact on the declining prison populations.
Mr. Skidmore recalled that the testimony was about the
number of cases that were being prosecuted had fallen, not
that there were not resources to prosecute. He felt that it
was possible that it had an impact on the prison
population. He stated that the point of the slides was not
to discuss causes, rather the intent was to discuss the
fact that there was a drastic difference in what was
presented to the legislature and the actual occurrence.
Senator Wielechowski remarked that lacking resources to
prosecute would result in a decline in a prison population.
Mr. Skidmore agreed that it would cause a decline, but did
not recall the number being 5000.
1:45:27 PM
Co-Chair von Imhof stressed that the purpose of the bill
was to determine what resources were needed to give law
enforcement officials the tools that were needed to lower
crime and recidivism.
Mr. Skidmore highlighted slide 6, "Recidivism: National
Perspective":
30 States
Prisoners released in 2005
Followed for nine years
Mr. Skidmore looked at slide 7, "States included in the BJS
recidivism study of prisoners released in 2005."
Mr. Skidmore displayed slide 8, "What is "Recidivism"":
Measuring recidivism
Recidivism measures require three characteristics:
? a starting event, such as a release from
prison;
? a measure of failure following the starting
event, such as a subsequent arrest, conviction,
or return to prison;
? an observation or follow-up period that
generally extends from the date of the starting
event to a predefined end date (e.g., 6 months, 1
year, 3 years, 5 years, or 9 years)."
Mr. Skidmore addressed slide 9, "National Recidivism":
?The 401,288 state prisoners released in 2005 had an
estimated 1,994,000 arrests during the 9-year period -
an average of 5 arrests per released prisoner.
? An estimated 68 percent of released prisoners were
arrested within 3 years, 79 percent within 6 years,
and 83 percent within 9 years.
?More than three-quarters (77 percent) of released drug
offenders were arrested for a non-drug crime within 9
years.
Senator Bishop queried the cause of the repeat offenses.
Mr. Skidmore replied that the study did not describe the
causes.
1:50:05 PM
Mr. Skidmore highlighted slide 10, "Alaska Recidivism and
Reentry February 5, 2019." The slide showed a presentation
from the House Finance Committee earlier in the year by
DOC.
Mr. Skidmore looked at slide 11, "Recidivism":
An offender who is Mr. Earl-incarcerated within three
years of release as a result of:
Parole or probation violations.
New felony crime.
New misdemeanor crime.
Mr. Skidmore addressed slide 12, "Alaska Recidivism Rates":
After consistently being in the mid to upper 60th
percentile. Alaska has begun to see a steady decline
in recidivism.
Mr. Skidmore highlighted slide 13, "Recidivism By Offense":
58 percent of those who return to custody within six
months, return because of technical violations.
46 percent of those who return to custody within three
years, return because of technical probation
violations.
Senator Wilson wondered when DOC began their impatient
treatment programs in the prison system.
Mr. Skidmore deferred to DOC.
Co-Chair von Imhof queried the definition of technical
violations.
Mr. Skidmore replied that it meant that the probation
violation resulted in a return to prison, and the violation
was something other than committing a new crime.
Co-Chair von Imhof queried the number of people who
returned to custody from a technical violation, and
wondered whether any bill had addressed that issue.
Mr. Skidmore replied that SB 32 did not address probation
and parole, but SB 24 addressed that issue. That bill would
be in committee soon.
Mr. Skidmore looked at slide 14, "Recidivism New Crimes":
The recidivism rate for new crimes is 32 percent.
Mr. Skidmore highlighted slide 15, "Alaska's Recidivism
Before SB 91":
6 percent decline in Alaska 2011-2015
7 percent Below the National Average from 2005
Mr. Skidmore looked at slide 16. He shared that the states
that had used justice reinvestment strategies were Georgia,
Mississippi, North Carolina, Oregon, South Dakota, Texas,
and Utah, among many others. They had implemented reforms
to protect public safety and control corrections cost. He
stated that in 2007 Georgia was faced with a substantial
problem with the cost of their prisons.
Mr. Skidmore addressed slide 17, "Comparison of PEW Reform
States."
2:00:38 PM
Co-Chair von Imhof felt that the committee wanted to
address crime, and did not feel that they needed to be
convinced of the problems. She appreciated the historical
context, but wanted to understand what was in the bill. She
wanted to understand what was being recommended and the
pros and cons.
Mr. Skidmore shared that his presentation was also for
those that may be an audience for the meeting.
Co-Chair von Imhof stressed that this was the third
committee of referral, and wondered whether this
presentation had been made in other committees.
Mr. Skidmore replied in the negative.
Co-Chair von Imhof wondered whether this was his first
presentation on the bill.
Mr. Skidmore replied in the affirmative.
Senator Bishop requested a solution besides putting more
people in jail or prison.
Mr. Skidmore agreed.
Mr. Skidmore discussed slide 18, "Violent v. Non-violent
Offenses":
Violent = AS 11.41.
? Homicide
? Assault
? Stalking
? Kidnapping
? Human Trafficking
? Sexual Assault
? Sexual Abuse of a Minor
Non-Violent = everything else
? Theft
? Criminal Mischief (property Damage)
? Forgery
? Bribery
? Gambling
? Hindering prosecution
? Impersonate a Public Servant
Mr. Skidmore addressed slide 19, "But Also 'non-violent'?":
Misconduct Involving Weapons
Drug Trafficking
Arson
Burglary
Promoting Contraband
Terroristic Threatening
Riot
Sending Explicit Image Of A Minor
Misconduct Involving A Corpse
Cruelty To Animals
Sex Trafficking
Mr. Skidmore looked at slide 20.
Mr. Skidmore highlighted slide 21, "Why did Crime Rise
Before SB 91?"
2:04:52 PM
Mr. Skidmore discussed the Sectional Analysis (copy on
file):
Summary: This bill returns a number of statutes to
where they were prior to July 2016. It reenacts a
class A felony level drug distribution statute and
focuses on the type of drug being distributed instead
of the amount. The 30-day grace period allowed before
a person could be charged with a crime for failing to
appear for a court hearing is eliminated. Presumptive
sentencing ranges for felonies are increased by
approximately 2 years. Misdemeanor sentencing ranges
are also increased to up to 1 year for a class A
misdemeanor and up to 90 days for a class B
misdemeanor. The bill also requires the Alaska Court
System to transmit information regarding individuals
who have been involuntarily committed since October 1,
1981 to the Department of Public Safety. Finally, the
bill 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 1 Clean up language. Aligns murder in the
second degree when a person dies during the course of
a drug deal with the changes made to the drug statutes
later in the bill.
Section 2 Clean up language. Same change that is made
in sec. 1 is made in sec. 2 for murder of an unborn
child in the second degree.
Section 3 - 10 Removes inflation adjustment from
property crime statutes.
Section 11 Defines "prior convictions" when evaluating
the existence of prior convictions in the recidivist
theft statutes.
Section 12 18 Removes inflation adjustment from
property crime statutes.
Section 19 Adds to the crime of escape in the second
degree persons who are under the jurisdiction of the
Commissioner of Health and Social Services for a
felony and restricted to the residence then leave
their residence without permission.
Section 20 Makes it a class C felony to remove an
electronic monitoring device or leave a person's
residence while under official detention for a
misdemeanor regardless if under the jurisdiction of
the Department of Corrections or the Department of
Health and Social Services. Also makes it a class C
felony if the person is on conditions of release
before trial and ordered to electronic monitoring or
house arrest by the court and the person removes the
electronic monitoring device or leaves one's residence
without permission.
Section 21 Clean up amendment for change that occurs
in section 22, making failure to appear a crime.
Section 22 Removes 30 day grace period for defendants
during which it was not a crime to fail to show up for
a hearing. Under current law, it is not a crime to
fail to appear for a court hearing unless the person
goes 30 days or longer without making contact with the
court or fails to appear with the intent to avoid
prosecution. This section removes both of those
limitations.
Section 23 Amends the crime of violating conditions of
release which relates to conditions imposed by the
court on persons on pretrial release. This section
makes it a class A misdemeanor for a person to violate
their conditions of release if they are on release for
a felony and a class B misdemeanor if they violate
while on conditions for a misdemeanor.
2:09:33 PM
Co-Chair von Imhof wondered whether the bill changed to
before SB 91, or were there some additions.
Mr. Skidmore replied that it returned to SB 91 law.
Co-Chair von Imhof wondered whether it was sufficient to
address the stated issues.
Mr. Skidmore replied in the affirmative.
Co-Chair von Imhof wondered whether the wife would answer
the same way.
Mr. Skidmore replied that she was an uncooperative witness.
Mr. Skidmore continued with the Sectional Analysis:
Section 24 Enacts a generalized threat statute to
cover when an individual threatens to commit a serious
crime, which reasonably places another person in fear.
Covers real threats of violence, and not simply false
threats.
Co-Chair von Imhof asked whether the focus was on people
over 18-years-old. She recalled when several high schools
in Anchorage experienced evacuations.
Mr. Skidmore replied that the law applies to all citizens,
and those over 18 would be tried in the adult criminal
justice system, and anyone under 18 would be in the
juvenile criminal justice system.
Mr. Skidmore continued with the Sectional Analysis:
Section 25 Makes the crime of disorderly conduct a
class B misdemeanor punishable by not more than 10
days.
Section 26 Reenacts class A felony level crime for the
distribution of schedule IA controlled substances
(heroin) and making methamphetamine.
Section 27 Amends AS 11.71.030, misconduct involving a
controlled substance in the third degree to include
manufacturing or distribution of any amount of a
schedule IIA or IIIA controlled substance. Also
repeals section of law regarding the delivery of 1g or
more of a schedule IA or 2.5 grams or more of a
schedule IIA or IIIA controlled substance as the
amendments in the bill focus on the type of drug being
distributed and not necessarily the amount.
Section 28 Conforming amendment to the changes made in
section 27.
2:16:10 PM
Senator Micciche queried the importance of returning
possession to being a Class C felony.
Mr. Skidmore replied by continuing with the Sectional
Analysis:
Section 29 Makes the possession of any amount of a
schedule IA (heroin) or IIA (methamphetamine, cocaine,
PCP, etc.) controlled substance and various amounts of
IIIA, IVA, and VIA controlled substances a felony.
Section 30 Conforming amendment to the changes made in
section 29.
2:20:57 PM
Co-Chair von Imhof understood that the stories and examples
were helpful in making determinations, but stressed that
she wanted to work to get through all the sections.
Senator Wilson felt that some of the behavioral health
issues were related to grant and funding cuts. He also
noted the economic issues in the state.
Mr. Skidmore agreed. He furthered that he was offering an
option to combat the drug crisis.
Senator Wielechowski queried the percentage of drug
possession defendants were given a suspended entry of
judgment.
Mr. Skidmore replied that he did not know the number, but
imagined that the number was extremely low.
Senator Wielechowski queried the anticipation of how many
suspended entries of judgment would occur under the
legislation.
Mr. Skidmore did not know the number, but believed that the
estimates were approximately a rise of 700 cases.
2:25:28 PM
Co-Chair von Imhof queried the definition of "SEJ."
Mr. Skidmore replied that it was "suspended entry of
judgment", which was created in SB 91. It was different
than a suspended imposition of sentence.
Mr. Skidmore continued with the Sectional Analysis:
Section 31 Removes possession of most dangerous
controlled substances from the crime of misconduct
involving a controlled substance in the fifth degree,
as those possessory crimes would be a class C felony
under the bill.
Section 32 Renames AS 11.71.060 "misconduct involving
a controlled substance in the sixth degree" to conform
with the changes made to the drug offense statutes.
Senator Micciche wondered why someone arrested of
possession turn state's evidence, if there was a violation.
Mr. Skidmore replied that it would be used as a tool of
cooperation with law enforcement.
Senator Wielechowski looked at Section 29, page 19, which
talked about 25 or more plants of genus cannabis, and
wondered who that would apply.
Mr. Skidmore replied with page 18, which showed the
exception authorized in AS 03.05, AS 17.30, and AS 17.38.
2:30:28 PM
Senator Wielechowski looked at the recriminalization of the
drug possession, and queried the number of additional
people it would put in jail.
Mr. Skidmore replied that he did not know that number.
Senator Wielechowski queried the research on the
effectiveness of putting people in jail for possession of
drugs nationwide.
Mr. Skidmore replied that if someone was just placed in
jail as the only option, he did not believe that the
research showed that to be effective. He noted the effort
to incentivize them toward treatment. He stated that those
who refused to get treatment remained a danger to the
public.
2:33:39 PM
Mr. Skidmore continued with the Sectional Analysis:
Section 33 Conforming amendment to statute prohibiting
prosecution of individuals who seek medical or law
enforcement assistance for a person who is overdosing.
Section 34 Increases the maximum period of probation
for felony sex offenses from 15 years to 25. Also
increases the maximum period of probation for any
other offense to 10 years.
Section 35 - 37 Enhanced sentences for making
methamphetamine around children or engaging children
in the sale of methamphetamine are reenacted. Also
increases the presumptive sentencing ranges for class
A, B, and C felonies:
Felony Level
Current Law
SB 32
Class A
First Felony: 3-6 (20 max)
Second Felony: 8-12 (20 max)
Third Felony: 13-20 (20 max)
First Felony: 5-8 (20 max)
Second Felony: 10-14 (20 max)
Third Felony: 15-20 (20 max)
Class B
First Felony: 0-2 (10 max)
Second Felony: 2-5 (10 max)
Third Felony: 4-10 (10 max)
First Felony: 1-3 (10 max)
Second Felony: 4-7 (10 max)
Third Felony: 6-10 (10 max)
Class C
First Felony: 0-2 (5 max)
Second Felony:1-4 (5 max)
Third Felony: 2-5 (5 max)
First Felony: 0-2 (5 max)
Second Felony: 2-4 (5 max)
Third Felony: 3-5 (5 max)
Section 38 Prohibits the suspension or reduction of
the period of mandatory probation outlined in statute
for sex offenders.
Section 39 Returns sentencing range for class A
misdemeanors to 0-1 year.
Section 40 Returns sentencing range for class B
misdemeanors to 0-90 days.
Section 41-42 Recriminalizes driving with license
canceled, suspended, or revoked. This offense will be
punishable by a minimum of 10 days with 10 days
suspended upon the first offense and a minimum of 10
days upon the second offense.
Section 43 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 44 The same changes in section 43 are made in
section 44 to the statute governing refusal to submit
to a chemical test.
Section 45 Conforming amendment due to the enactment
of the class A felony level offense for drug
distribution. Adds that conduct to the definition of
illegal activity involving a controlled substance" in
the landlord tenant statutes.
Section 46 Conforming amendment. Adds all felony level
drug distribution to the list of crimes involving a
minor which the Department of Health and Social
Services will disclose information to the public.
Section 47 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 48 Repealer section.
Section 49 Uncodified law section. Requires the Alaska
Court System to transmit information regarding
involuntary commitments that have occurred since
October 1, 1981 to the Department of Public Safety.
Section 50 Applicability section.
Section 51 Conditional effect section for court rule
change.
Section 52 Immediate effective date for section 49.
Section 53 July 1, 2019 effective date for all other
sections.
Co-Chair von Imhof noted that there were four total
criminal justice bill, and SB 32 was the most complex of
the bills.
2:40:25 PM
Senator Wielechowski wondered whether the limitation to
drive with glasses would result in a misdemeanor if one did
not wear glasses.
Mr. Skidmore replied that the limitation, for example,
referred to only driving to and from work due to a DUI.
Co-Chair von Imhof discussed the following day's agenda.
Senator Micciche requested that the Department of Law
update their charts, and include SB 35.
Mr. Skidmore stated that SB 35 did not have a similar
history of follow through. He remarked that there was
another
Senator Wilson queried the referenced chart.
Mr. Skidmore agreed to provide that information.
Co-Chair von Imhof asked that it be distributed to the
committee.
Co-Chair Stedman stated that Senate Finance Committee
worked quickly, and encouraged response as quickly as
possible.
Mr. Skidmore agreed to do that work.
Senator Bishop wondered whether there was a plan to have
Department of Public Safety (DPS) at the table. He stated
that he had a question.
Co-Chair von Imhof stated that DPS was available for
questions.
2:45:47 PM
MICHAEL DUXBURY, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC
SAFETY, introduced himself.
Senator Bishop wondered whether the bill would allow for
work, and avoid constituents stating that DPS could not do
their job.
Mr. Duxbury replied that it was a difficult way to answer,
because there was no way to predict comments from
constituents. He stated that the bill allowed for
accountability, tools, and discretion to make the impact
that were both strategic and provide a better quality of
life.
Senator Wilson queried the package of referenced bills.
Mr. Duxbury replied that the entire package put forth by
the governor's office could be used to help the people of
the state.
Senator Wielechowski remarked that at the passage of SB 91,
the Attorney General, the commissioner of DPS, and the
commissioner of DOC testified that it would keep the state
safe with uniform support. He remarked that it was later
discovered that there were people "in the trenches" who did
not support the bill. He wondered whether there was support
in DPS who were working in the field.
Mr. Duxbury replied that there were people who saw the
bills as a solution to be not seen as a failure of law
enforcement. He stressed that there should be a return to
the possession and distribution limits, because they were
driving property and violent crimes.
Senator Micciche wondered whether there was frustration at
the inability to intervene, because of the drug-related
laws were insufficient in stopping repeat offenders. He
wondered whether the legislation would help with that
issue.
Mr. Duxbury replied in the affirmative.
2:50:18 PM
Senator Micciche asked whether DPS was frustrated with the
pre-trial risk assessment, resulting in multiple arrests.
Mr. Duxbury replied that there was an institutional inertia
in many aspects of SB 91, that could not allow DPS to
prevent the revictimization of people. He looked forward to
using the tools and discretion to help other people.
Senator Micciche contended that recriminalizing possession
was a lifesaver.
Co-Chair Stedman requested information about the high
intensity drug area, and whether it was more expansive than
other states. He also requested insight into the Mexican
drug cartels that were appearing in Southeast Alaska.
Mr. Duxbury replied that the high intensity drug area
(HIDA) showed that bestowed that designation on an
independent area. He stated that it was shown by providing
the gathered data to show that the state was in need,
therefore providing federal funds.
2:55:55 PM
Co-Chair Stedman wondered whether HIDA referred to the
entire state.
Mr. Duxbury replied that the HIDA trafficking areas would
incorporate three judicial districts. He stated that it did
not incorporate the North Slope Borough.
Co-Chair Stedman wanted to know more support, and found
little HIDA support in his district.
Co-Chair von Imhof discussed the following day's meeting
agenda.
SB 32 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
2:58:11 PM
The meeting was adjourned at 2:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 32 - Classification and Sentencing Sectional.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB 32 Transmittal Letter.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Changes v. A to S.pdf |
SFIN 4/24/2019 1:30:00 PM |
SB 32 |
| SB 32 - PSEA Letter of Support.pdf |
SFIN 4/24/2019 1:30:00 PM |
SB 32 |
| 2019 Senate Finance Criminal Justice Reform - White for print (003).pdf |
SFIN 4/24/2019 1:30:00 PM |
SB 32 |