Legislature(2019 - 2020)SENATE FINANCE 532

04/24/2019 01:30 PM FINANCE

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Audio Topic
01:33:59 PM Start
01:36:10 PM SB32
02:58:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time --
+ SB 32 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 35 CRIMES;SEX CRIMES;SENTENCING; PAROLE TELECONFERENCED
<Bill Hearing Rescheduled to 4/25/19>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled 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