Legislature(2019 - 2020)SENATE FINANCE 532

05/03/2019 01:30 PM FINANCE

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Audio Topic
01:32:46 PM Start
01:33:01 PM SB32 || SB33 || SB34
02:16:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 32 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 33 ARREST;RELEASE;SENTENCING;PROBATION TELECONFERENCED
Heard & Held
-- Public Testimony --
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Heard & Held
-- Public Testimony --
                 SENATE FINANCE COMMITTEE                                                                                       
                        May 3, 2019                                                                                             
                         1:32 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:32:46 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  von  Imhof  called the  Senate  Finance  Committee                                                                    
meeting to order at 1:32 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 Mike Shower                                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Don  Habeger,  Juneau  Reentry  Coalition,  Juneau;  Crystal                                                                    
Bourlad, Self,  Juneau; Senator Mia Costello;  Senator Laura                                                                    
Reinbold; Senator Shelley Hughes.                                                                                               
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Katie  Botz, Self,  Juneau;  Will  Madison, Self,  Soldotna;                                                                    
Jane   Madison,  Self,   Soldotna;  Kane   Mccaughey,  Self,                                                                    
Soldotna;  Vincent  Garay,  Self, Wasilla;  Miranda  Nelson,                                                                    
Self,  Nikiski;  Butch  Moore, Self,  Anchorage;  Jacqueline                                                                    
Bock,  Self, Sterling;  Herman Morgan,  Self, Aniak;  Sherry                                                                    
Miller,  Self, Eagle  River; Sandy  Taylor, Self,  Soldotna;                                                                    
Terria  Vandenhuerk,   Founder  of  Fallen   Up  Ministries,                                                                    
Anchorage;  Sandy  Stubblefield, Self,  Soldotna;  Elizabeth                                                                    
Holt, Self, Palmer; Lindsay Wyatt, Self, Fairbanks.                                                                             
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 32     CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                             
                                                                                                                                
          SB 32 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 33     ARREST;RELEASE;SENTENCING;PROBATION                                                                                   
                                                                                                                                
          SB 33 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
SB 34     PROBATION; PAROLE; SENTENCES; CREDITS                                                                                 
                                                                                                                                
          SB 34 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
1:33:01 PM                                                                                                                    
                                                                                                                                
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."                                                                                                           
                                                                                                                                
SENATE BILL NO. 33                                                                                                            
                                                                                                                                
     "An  Act  relating  to pretrial  release;  relating  to                                                                    
     sentencing;  relating   to  treatment   program  credit                                                                    
     toward service of a  sentence of imprisonment; relating                                                                    
     to  electronic  monitoring;  amending  Rules  38.2  and                                                                    
     45(d),   Alaska  Rules   of  Criminal   Procedure;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
SENATE BILL NO. 34                                                                                                            
                                                                                                                                
     "An Act  relating to probation;  relating to  a program                                                                    
     allowing  probationers to  earn  credits for  complying                                                                    
     with  the conditions  of probation;  relating to  early                                                                    
     termination of probation;  relating to parole; relating                                                                    
     to  a program  allowing  parolees to  earn credits  for                                                                    
     complying with  the conditions  of parole;  relating to                                                                    
     early  termination of  parole; relating  to eligibility                                                                    
     for discretionary parole; relating to good time; and                                                                       
     providing for an effective date."                                                                                          
                                                                                                                                
1:34:16 PM                                                                                                                    
                                                                                                                                
Co-Chair  von Imhof  introduced the  bill and  OPENED public                                                                    
testimony.                                                                                                                      
                                                                                                                                
1:34:55 PM                                                                                                                    
                                                                                                                                
KATIE  BOTZ, SELF,  JUNEAU  (via teleconference),  testified                                                                    
with questions related to the  bill. She asked the committee                                                                    
to consider  the value  of humans compared  to the  value of                                                                    
money.  She  stressed that  Alaska  was  the most  dangerous                                                                    
state in the  country, where most citizens  were affected by                                                                    
crime. She testified  in support of SB 32, SB  33 and SB 34.                                                                    
She disclosed  that she was  a survivor of sexual  abuse and                                                                    
was  dismayed  that  sexual   offenders  were  treated  with                                                                    
leniency in Alaska.                                                                                                             
                                                                                                                                
1:37:16 PM                                                                                                                    
                                                                                                                                
WILL   MADISON,   SELF,   SOLDOTNA   (via   teleconference),                                                                    
testified  in  support  of  SB  32, SB  33  and  SB  34.  He                                                                    
advocated  for stiffer  penalties for  those caught  driving                                                                    
with  a revoked  or canceled  driver's license.  He believed                                                                    
that the  majority of people  with revoked  driver's license                                                                    
were career criminals.                                                                                                          
                                                                                                                                
1:38:54 PM                                                                                                                    
                                                                                                                                
JANE   MADISON,   SELF,   SOLDOTNA   (via   teleconference),                                                                    
testified  in   support  of  fine  increases   for  speeding                                                                    
drivers.  She  discussed  various   examples  of  fines  and                                                                    
charges  related to  speeding  and  the problems  associated                                                                    
with the system.                                                                                                                
                                                                                                                                
DON  HABEGER, JUNEAU  REENTRY  COALITION,  JUNEAU, asked  to                                                                    
address all three bills with his testimony.                                                                                     
                                                                                                                                
1:41:23 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:41:42 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  von  Imhof  explained   to  the  public  that  the                                                                    
committee noticed  SB 32,  SB 33 and  SB 34  separately. The                                                                    
topics  of the  three  bills were  related,  so she  allowed                                                                    
testimony about all three bills.                                                                                                
                                                                                                                                
1:42:17 PM                                                                                                                    
                                                                                                                                
Mr.  Haberger discussed  the mission  of the  Juneau Reentry                                                                    
Coalition.  The   mission  aided  integration   of  Alaskans                                                                    
recently released from time  incarcerated. He commented that                                                                    
there were  27 fiscal  notes for  all three  bills, totaling                                                                    
$50  million for  the first  year. In  five years,  the cost                                                                    
would  accumulate  to $368  million.  He  stressed that  the                                                                    
fiscal notes mentioned did not  address treatment for mental                                                                    
health  or  substance abuse.  He  asked  the legislature  to                                                                    
address the important issues to limit recidivism.                                                                               
                                                                                                                                
Senator   Bishop  requested   written  testimony   from  Mr.                                                                    
Haberger.  He acknowledged  the validity  of the  content of                                                                    
the testimony.                                                                                                                  
                                                                                                                                
Co-Chair von Imhof agreed that  written testimony was always                                                                    
accepted.                                                                                                                       
                                                                                                                                
1:44:28 PM                                                                                                                    
                                                                                                                                
KANE   MCCAUGHEY,  SELF,   SOLDOTNA  (via   teleconference),                                                                    
testified in support of SB 32,  SB 33 and SB 34. He provided                                                                    
personal  reasons for  all  three crime  bills  to pass.  He                                                                    
recalled  his own  interactions with  Alaska State  Troopers                                                                    
related  to  stolen  material.   He  acknowledged  that  the                                                                    
troopers were discouraged by the current law.                                                                                   
                                                                                                                                
1:46:35 PM                                                                                                                    
                                                                                                                                
VINCENT   GARAY,   SELF,   WASILLA   (via   teleconference),                                                                    
testified  in  support  of  SB  32, SB  33  and  SB  34.  He                                                                    
advocated  for a  complete repeal  of SB  91. He  elaborated                                                                    
about   his  time   in  Alaska   and  experience   with  law                                                                    
enforcement.  He stated  that SB  91  was a  failure and  he                                                                    
advocated for a complete repeal.                                                                                                
                                                                                                                                
1:48:35 PM                                                                                                                    
                                                                                                                                
Co-Chair  von Imhof  asked testifiers  to consolidate  their                                                                    
opinions  about all  three bills  in their  testimonies. She                                                                    
offered additional time for individual testimony.                                                                               
                                                                                                                                
Mr. Garay highlighted his 24  years in law enforcement while                                                                    
living in Alaska.                                                                                                               
                                                                                                                                
1:51:07 PM                                                                                                                    
                                                                                                                                
MIRANDA   NELSON,   SELF,  NIKISKI   (via   teleconference),                                                                    
testified  in support  of  the three  bills.  She asked  the                                                                    
committee to  fix the broken  system. She stated that  SB 91                                                                    
was  a "sad  social  experiment that  failed Alaskans."  She                                                                    
advocated for allowing law enforcement  officers to do their                                                                    
job with necessary tools.                                                                                                       
                                                                                                                                
1:52:07 PM                                                                                                                    
                                                                                                                                
BUTCH   MOORE,   SELF,   ANCHORAGE   (via   teleconference),                                                                    
addressed a situation that his  family faced. He stated that                                                                    
the  executive  power  of  the   state  was  vested  in  the                                                                    
governor, who  was therefore responsible for  full execution                                                                    
of  the laws.  He  added that  the  attorney general  should                                                                    
prosecute  all cases  involving violation  of state  law. He                                                                    
discussed  a policy  set by  the  administration related  to                                                                    
felony-level crimes. He mentioned his written testimony.                                                                        
                                                                                                                                
1:54:57 PM                                                                                                                    
                                                                                                                                
Senator Micciche asked  if Mr. Moore supported SB  32, SB 33                                                                    
and SB 34.                                                                                                                      
                                                                                                                                
Mr. Moore  responded that  he would  support the  bills with                                                                    
the addition  of the language  included in  statute: "duties                                                                    
and powers  of the attorney  general prosecute all  cases in                                                                    
violation of state law." He  believed that the state had too                                                                    
much  prosecutorial discretion,  which  conflicted with  the                                                                    
proposed legislation.                                                                                                           
                                                                                                                                
1:56:23 PM                                                                                                                    
                                                                                                                                
JACQUELINE  BOCK,   SELF,  STERLING   (via  teleconference),                                                                    
testified in support of SB 32,  33 and 34. She stressed that                                                                    
Alaska  required   tougher  crime  laws.  She   stated  that                                                                    
criminals  must be  held accountable  and  not enabled.  She                                                                    
stressed  that the  ongoing  tsunami  of drug-related  crime                                                                    
must  be  stopped.  She  highlighted  an  aspect  of  SB  32                                                                    
addressing children in drug houses.                                                                                             
                                                                                                                                
1:57:37 PM                                                                                                                    
                                                                                                                                
CRYSTAL BOURLAD,  SELF, JUNEAU,  testified in  opposition to                                                                    
SB 32, 33 and 34.  She spoke about mental illness disorders.                                                                    
She mentioned  that she  was a member  of the  local reentry                                                                    
coalition.  She stated  that the  Department of  Corrections                                                                    
was the largest provider  of behavioral health services. She                                                                    
noted  that  people  with   persistent  mental  illness  and                                                                    
addiction disorders were cycling in  and out of the criminal                                                                    
justice system.  She believed that increasing  penalties and                                                                    
sentences  for  low-level   offences  rather  than  treating                                                                    
individuals  did not  reduce  recidivism  or enhance  public                                                                    
safety.                                                                                                                         
                                                                                                                                
1:59:09 PM                                                                                                                    
                                                                                                                                
HERMAN MORGAN,  SELF, ANIAK (via  teleconference), testified                                                                    
about  the  intent of  SB  91.  He  believed that  the  bill                                                                    
ironically increased  recidivism. He urged the  committee to                                                                    
"scrap" SB 91.  He believed that Alaska was on  the verge of                                                                    
collapse.                                                                                                                       
                                                                                                                                
2:01:41 PM                                                                                                                    
                                                                                                                                
SHERRY  MILLER,  SELF,  EAGLE  RIVER  (via  teleconference),                                                                    
testified in  support of  all three  bills including  a full                                                                    
repeal of SB 91. She  stated that her daughter was murdered,                                                                    
and the perpetrator was going  to be released very soon. She                                                                    
was appalled  to see criminals go  free for the sake  of the                                                                    
state budget.                                                                                                                   
                                                                                                                                
2:03:03 PM                                                                                                                    
                                                                                                                                
SANDY   TAYLOR,   SELF,   SOLDOTNA   (via   teleconference),                                                                    
testified in support  of all three bills.  She advocated for                                                                    
a full  repeal of SB  91. She  felt that the  criminals were                                                                    
ruining  everything  without  penalties. She  advocated  for                                                                    
tougher treatment of criminals.                                                                                                 
                                                                                                                                
2:04:03 PM                                                                                                                    
                                                                                                                                
TERRIA  VANDENHUERK,   FOUNDER  OF  FALLEN   UP  MINISTRIES,                                                                    
ANCHORAGE (via  teleconference), testified in  opposition to                                                                    
SB 32, SB 33 and SB 34. She  stated that she was a victim of                                                                    
a crime. Her son was robbed  and killed in 2015. She herself                                                                    
served 20 years  for a drug charge. She stated  that she was                                                                    
in  foster  care prior  to  prison.  She stressed  that  the                                                                    
system was broken that the  three bills would not repair it.                                                                    
She believed that reinvestment of  funds was the answer. She                                                                    
asked  the committee  to invite  testimony  from those  with                                                                    
similarly lived experience.                                                                                                     
                                                                                                                                
2:07:30 PM                                                                                                                    
                                                                                                                                
SANDY  STUBBLEFIELD,  SELF, SOLDOTNA  (via  teleconference),                                                                    
testified  in support  of the  repeal of  SB 91.  She shared                                                                    
that her  son was killed  by three people. She  was saddened                                                                    
by the lack of accountability of the accused murderers.                                                                         
                                                                                                                                
2:09:18 PM                                                                                                                    
                                                                                                                                
ELIZABETH   HOLT,   SELF,   PALMER   (via   teleconference),                                                                    
testified  in  support of  SB  32,  SB  33  and SB  34.  She                                                                    
declared  that  a  change in  criminal  laws  would  protect                                                                    
citizens and law enforcement officers.                                                                                          
                                                                                                                                
2:10:14 PM                                                                                                                    
                                                                                                                                
LINDSAY   WYATT,  SELF,   FAIRBANKS  (via   teleconference),                                                                    
testified in support  of SB 32, SB 33 and  SB 34. He thanked                                                                    
Senator Micciche for his work on the legislation.                                                                               
                                                                                                                                
2:11:11 PM                                                                                                                    
                                                                                                                                
Co-Chair  von Imhof  allowed an  additional  minute for  the                                                                    
initial testifiers.                                                                                                             
                                                                                                                                
Ms.  Botz  testified  further about  the  crime  bills.  She                                                                    
stated that the proposed  legislation would allow victims to                                                                    
know when the perpetrator was  free. She advocated for truth                                                                    
and  transparency during  sentencing. She  brought up  SB 12                                                                    
and asked  the committee  to address  it further.  She asked                                                                    
that SB 35 be addressed again as well.                                                                                          
                                                                                                                                
2:13:46 PM                                                                                                                    
                                                                                                                                
Ms. Madison elaborated  that she supported SB 32,  SB 33 and                                                                    
SB 34.  She encouraged  larger deposit amounts  and stricter                                                                    
rules   for  third-party   custodians.   She  informed   the                                                                    
committee  that  friends or  family  of  the accused  person                                                                    
often paid bail as  third-party custodians. They promised to                                                                    
watch the accused  person 24 hours a day.  She advocated for                                                                    
a fine for  the custodian if the  offender left supervision.                                                                    
She encouraged forfeiture of the  deposit if the third-party                                                                    
custodians did not fulfill their promise.                                                                                       
                                                                                                                                
2:15:44 PM                                                                                                                    
                                                                                                                                
Co-Chair von Imhof CLOSED public testimony for SB 32, SB 33                                                                     
and SB 34. She provided the email address for written                                                                           
testimony.                                                                                                                      
                                                                                                                                
SB 32 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
SB 33 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
SB 34 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
Co-Chair von Imhof reviewed the schedule for the following                                                                      
day.                                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:16:39 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:16 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 32 Testimony W.Madison.pdf SFIN 5/3/2019 1:30:00 PM
SB 32
SB 32, 33, 34 Testimony Murdock.pdf SFIN 5/3/2019 1:30:00 PM
SB 32
SB 32 Testimony Madison.pdf SFIN 5/3/2019 1:30:00 PM
SB 32
SB 32, SB 33, SB 34 written testimony - Felt.pdf SFIN 5/3/2019 1:30:00 PM
SB 32
SB 33
SB 34