Legislature(2019 - 2020)SENATE FINANCE 532
05/10/2019 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
May 10, 2019
1:37 p.m.
1:37:49 PM
CALL TO ORDER
Senator Bishop called the Senate Finance Committee meeting
to order at 1:37 p.m.
MEMBERS PRESENT
Senator Click Bishop
Senator Lyman Hoffman
Senator Peter Micciche
Senator Donny Olson
Senator Mike Shower
Senator Bill Wielechowski
Senator David Wilson
Senator Bert Stedman, Co-Chair
MEMBERS ABSENT
Senator Natasha von Imhof, Co-Chair
ALSO PRESENT
Kelly Howell, Department of Public Safety, In Room; John
Skidmore, Director, Criminal Division, Department of Law,
In Room; Sylvan Robb, Administrative Services Director,
Department of Corrections, Office of Management and Budget,
In Room; Senator Jesse Kiehl; Senator Cathy Giessel.
PRESENT VIA TELECONFERENCE
Kathryn Monfreda, Department of Public Safety, Anchorage;
Beth Goldstein, Public Defender Agency, Anchorage; James
Stinson, Office of Public Advocacy, Anchorage.
SUMMARY
HB 49 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
CSHB 49(FIN) am was HEARD and HELD in committee
for further consideration.
CS FOR HOUSE BILL NO. 49(FIN) am
"An Act relating to criminal law and procedure;
relating to pretrial services; establishing the crime
of possession of motor vehicle theft tools; relating
to electronic monitoring; relating to controlled
substances; relating to probation and parole; relating
to sentencing; amending the definitions of 'most
serious felony,' 'sex offense,' and 'sex offender';
relating to registration of sex offenders; relating to
operating under the influence; relating to refusal to
submit to a chemical test; relating to the duties of
the commissioner of corrections; relating to testing
of sexual assault examination kits; relating to
reports of involuntary commitment; amending Rules
6(r)(6) and 38.2, Alaska Rules of Criminal Procedure;
and providing for an effective date."
1:38:42 PM
KELLY HOWELL, DEPARTMENT OF PUBLIC SAFETY, IN ROOM,
responded to questions regarding Section 102, page 69,
which would require the Court System (COURT) to the
Department of Public Safety (DPS) records of involuntary
commitment going back to 1981. She recalled that the
question was about the purpose of the Section. She stated
that it was necessary to "prevent another Virginia Tech
shooting from occurring in Alaska."
Senator Micciche asked about episodes in the past and the
relevance to today.
Ms. Howell stated that the law was federal and currently
the AK court system does transmit records from October 2014
forward. She responded that when voluntary committed, there
was a process in law for relief from disability and
information was removed from the federal system.
Senator Micciche asked about choosing a different timeline,
and decided to nullify the difference.
Ms. Howell replied that the database was only as good as
the records it contained. The goal was to get as many
records as possible into the system.
Senator Micciche proposed an example related to a veteran
with PTSD and an involuntary commitment; and wondered
whether that person would be in the system.
Ms. Howell answered in the affirmative.
1:45:28 PM
Senator Wilson surmised that it would only qualify for
certain dealers, but there was an easy loophole and go buy
a firearm that did not require the information.
Ms. Howell responded that the bill was one effort that the
state could do to minimize future problems.
Senator Olson noted inhibitions or guidelines available
that might include older data.
Ms. Howell replied that stringent confidentiality rules
could only be used for a specific purpose.
Senator Shower asked how many people the bill would affect.
He noted that there was a concern about possibly a
grandfather who may have had an issue far in the past, and
then suddenly get pulled over and charged with a felony. He
stressed that there were many concerns that were not yet
resolved.
Ms. Howell wondered whether he was talking about someone
who may not know that they were federally prohibited from
possessing a firearm.
Senator Shower wondered further what would happen if
someone were pulled over with a bad taillight, and suddenly
have something on their record. He also wanted to know the
number of people that would be effected.
Ms. Howell responded that Ms. Meade had answered the
initial questions related to the number of records. She
stated that a form was filled out upon purchase of a
firearm, and there were specific questions with the federal
prohibitors. She stated that one of the questions was about
whether that person had been involuntarily committed to an
institution for more than 30 days. She stated that there
was a hope that the individual would fill out the form
correctly
Senator Shower remarked that an individual could have a gun
without filling out that paperwork, who could get pulled
over. He stressed that he wanted to know what would happen
to the people that had never gone through the process.
1:52:30 PM
Ms. Howell replied that the systems checked during contact
with the individual. She stated that she could provide more
information after talking to law enforcement. She deferred
to Ms. Monfreda.
Senator Shower clarified his story. He stressed that this
particular question had been addressed, and there was still
no sufficient answer.
Senator Bishop asked for Ms. Monfreda.
1:54:10 PM
KATHRYN MONFREDA, DEPARTMENT OF PUBLIC SAFETY, ANCHORAGE
(via teleconference), responded to the question. She noted
that the database was not accessible by law enforcement, so
they would not know that the person was in the system.
Senator Shower gets a ticket would they be charged with
criminal possession of a firearm.
Ms. Howell responded that law enforcement would not use the
database. The database was for federal firearms licensees.
1:56:47 PM
JOHN SKIDMORE, DIRECTOR, CRIMINAL DIVISION, DEPARTMENT OF
LAW, IN ROOM, referred to statute. He stated that the
person had not committed a felony with a driving
infraction.
1:57:46 PM
AT EASE
1:59:11 PM
RECONVENED
Senator Bishop handed the gavel to Co-Chair Stedman.
Senator Bishop wondered whether the database was controlled
by the FBI.
Ms. Howell replied in the affirmative.
Mr. Skidmore replied that he found no subsection in state
statute that would make it a crime to carry a firearm in
the proposed scenario.
Senator Bishop noted no rub with state statute.
Mr. Skidmore replied that the federal law stated that a
person committed under these situations should not carry a
firearm. He was unsure about other state's laws.
2:02:04 PM
BETH GOLDSTEIN, PUBLIC DEFENDER AGENCY, ANCHORAGE (via
teleconference), reviewed the fiscal note of $1.3 million.
She stated that the increase in felony drug cases would
occur because of the legislation. She pointed out that she
looked to the American Bar Association guidelines, which
give 150 cases per year per attorney.
Co-Chair Stedman asked about the addition of the capped
positions.
Ms. Goldstein replied that capped positions were vacant for
budget reasons.
Co-Chair Stedman talked about the heavy fiscal notes.
2:05:51 PM
Senator Wielechowski asked about potential concerns with
the bill.
Ms. Goldstein replied that she did not have any concerns
with the current bill.
Senator Wielechowski wonder about the topics removed.
Ms. Goldstein replied that that the department had a
problem with the marriage defense issue. She stated that
there were many situations where the spouse of someone with
dementia may be their guardian. She stated that dementia
was not a static disease. She understood that there was an
assertion that LAW would make determinations based on
situations. She stressed that spouses with dementia may
have clarity, and they may attempt to gain back what they
have lost. She stressed that there was a concern about
family dynamics, because there was a concern about whether
the person with dementia could be receive properly care.
2:08:51 PM
Senator Wielechowski asked for a recommendation to protect
those victimized.
Ms. Goldstein replied that the legislature was trying to
accomplish protection for spouses who are victimized when
alcohol is involved. She mentioned the possibility of
specific language, without casting such a wide net.
Senator Wielechowski wondered about technical caps and
discretionary parole.
Ms. Goldstein replied that the tactical violations. She
discussed parole hearings and the impact on the defendant's
considerations related to parole.
2:11:16 PM
Senator Wielechowski noted that the technical violations
could result in reasonable punishment, so an individual
could keep their employment.
Ms. Goldstein replied that a person could serve days
without. She noted that probation included a great deal of
effort.
2:12:42 PM
JAMES STINSON, OFFICE OF PUBLIC ADVOCACY, ANCHORAGE (via
teleconference), noted the fiscal note and the positions
proposed for funding. The changes to parole would also
increase the workload.
Co-Chair Stedman mentioned $694 thousand in the fiscal
note. He wondered about a decrease related to SB 91.
Mr. Stinson replied that caseloads have steadily increased
since 2012. He stated that the workload has increased.
2:16:05 PM
Mr. Stinson discussed the mental health registry and its
effect on Alaska. He noted the federal law that references.
Senator Shower asked a question related to Mr. Stinson's
job.
Mr. Stinson replied that was he was a special assistant.
Mr. Stinson continued that a person not yet in the registry
might have purchased a firearm. He stated that the person
might get flagged for an investigation, and there would be
a determination how to proceed. He noted the attempt to
confiscate firearms in their possession. He discussed a
situation where someone would be federally barred from
having the firearms. A distinction in the law. The federal
position related to firearms should be taken broadly.
2:20:07 PM
SYLVAN ROBB, ADMINISTRATIVE SERVICES DIRECTOR, DEPARTMENT
OF CORRECTIONS, OFFICE OF MANAGEMENT AND BUDGET, IN ROOM,
noted the various impact to the department. She continued
discussing the fiscal note. She stated that the institution
office and the cost of $4.6 million.
2:24:52 PM
Co-Chair Stedman reviewed the /.
Ms. Robb replied that the fiscal note included the full
cost of care.
Ms. Robb moved to fiscal note for the appropriation
management 712 component #.
Senator Wilson asked about the previous fiscal note and
healthcare costs.
Ms. Robb responded that the difference from the costs from
the first year to the second year //. The portion of the
cost of healthcare was calculated and reflected in the
increased inmates.
2:28:25 PM
Senator Wilson wondered if the costs were overlapping
between notes.
Ms. Robb clarified that the cost of the new inmates was
$10.6 million. The portion that included healthcare was
reflected on the healthcare note. She mentioned the Palmer
note.
Ms. Robb talked further about the Palmer Correctional
Center note, OMB number 712. She stated that the center
required time and money for startup costs. She mentioned
the commodities cost, equipment must be replaced. She
pointed out the cost to run Palmer that was last open in
2015. She stated that the numbers were adjusted for
inflation. She noted the additional services and
commodities costs.
Ms. Robb continued that the full center cost was reflected
in the fiscal note adjusted for inflation.
Senator Bishop asked about the 2020 cost, and whether the
cost was for prisoners.
Ms. Robb replied that there would be 78 inmates over
capacity in that first year. She noted that there was a
smaller building that could be used for those individuals.
She stressed that the money would be used for the ramp up
period she stated that those in the department at estimated
that it would take between six to nine months to set up the
building.
Senator Bishop discussed fiscal assets including transport
vans and he wondered if any assets could return to Palmer.
Ms. Robb replied that many of the assets have been reused
in other facilities.
2:34:42 PM
Senator Wilson wondered if all prisons included a dental
plan.
Ms. Robb responded that each institution had different
plans.
Senator Wilson wondered if all additional medical equipment
should be included.
Ms. Robb replied that the risk to public safety when
transported.
Senator Wielechowski noted additional positions in 2022,
yet the costs remain the same year to year. He was curious
about inflation and costs.
Ms. Robb replied that the fiscal note instructions request
that inflation not be accounted in the out years. She noted
the increase between FY 21 from 73 positions to FY 22 at
104 positions, with an increase in cost of approximately $4
million.
Senator Wielechowski wondered when the Palmer Correctional
Facility would be full, and therefore requiring a new
correctional center.
Co-Chair Stedman stressed that the issue of where those
people would go would be debated at the time. He stressed
that he did not want the public to misunderstand.
Ms. Robb responded that the department did not anticipate
project an exceeded capacity within the fiscal note. She
stated that there was a projection that the bill would be
approximately 781 additional inmates by FY 25.
Co-Chair Stedman stressed that the future would show the
capacity issues.
2:39:34 PM
Senator Wielechowski noted that Section 46 increased the
amount of time that a person who was arrested could be kept
in prison from 24 to 48 hours. He wondered where that was
reflected in the fiscal notes.
Ms. Robb replied that the issue was addressed in the
Institution Director's Office note, OMB 1381.
Senator Wielechowski wondered whether there was an amount.
Ms. Robb responded that the department was not able to
project an amount related to the change.
Senator Wielechowski asked about section 50 page. He noted
the requirement for a breathalyzer test before release. He
wondered where that cost was reflected in the fiscal notes.
Ms. Robb stated that it did not have a fiscal impact on the
department, because it was the current policy.
Senator Wielechowski wondered whether a breathalyzer was
administered on everyone before releasing the individual.
Ms. Robb replied that she was not the best person to answer
that question.
Ms. Robb moved on to the next fiscal note 2952. She noted
costs in the personal services line that detailed the
staff. She stated that the amount needed for the
Co-Chair Stedman asked about accounting for capital costs
to get facility up and running.
Ms. Robb replied yes.
Senator Shower asked about the hepatitis testing.
Mr. Robb replied there would be no change.
Senator Shower noted increase by $10 million for testing.
2:44:05 PM
Senator Micciche clarified that the legislature did not
support of transporting inmates outside in the budget
document. He stressed that needing Palmer was not related
to the need for other facilities.
Ms. Robb replied that with the increased inmates, the
fiscal notes reflected the department's intention to house
those inmates at Palmer Correctional Center.
Senator Micciche assumed that the intent on the bill was
based on all the other facilities remaining open, with
additional needed capacity.
Ms. Robb answered in the affirmative.
Senator Bishop stated that there was space for 350 beds in
the current system.
Ms. Robb replied in the affirmative.
2:45:24 PM
Ms. Robb discussed the next note 2976 that reflects the
utilities for the Palmer Correctional Center. The utilities
cost for the various years were discussed.
Ms. Robb moved to 695, a zero fiscal note related to
parole.
Ms. Robb continued with 2826, another zero fiscal note. No
changes made to parole.
Co-Chair Stedman asked for a total request from Department
of Corrections.
Ms. Robb reviewed 698, and the 100k fiscal note.
Ms. Robb replied cost for first year $10.7 million, $24
million second year, $32 million the third year.
Co-Chair Stedman surmised that there was an expectation of
$30 million in three years.
Ms. Robb replied in the affirmative.
Senator Bishop asked about the packages reflected in the
fiscal notes.
Ms. Robb offered to provide further information.
2:49:39 PM
Senator Wilson asked about geriatric release. He wondered
how the change made in SB 91 affected the issue.
Mr. Skidmore replied to the question regarding geriatric
parole. He stated that he was not the best person to
respond to the frequency of the use of geriatric parole.
Co-Chair Stedman stated that a department would respond to
the committee.
Senator Shower asked if one path was better than another.
He asked if enough tools were available.
Mr. Skidmore replied that HB 49 as it existed in the prior
finance committee would effectively replace SB 91. He
described the difference that the number of tools were more
helpful than HB 49.
Co-Chair Stedman stated that the CS would be available
tomorrow morning. He hoped to conclude the
CSHB 49(FIN) am was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
2:54:55 PM
The meeting was adjourned at 2:54 p.m.
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