Legislature(2015 - 2016)BELTZ 105 (TSBldg)

03/11/2016 02:00 PM Senate JUDICIARY

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02:13:17 PM Start
02:13:34 PM SB91
03:36:26 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
                      ALASKA STATE LEGISLATURE                                                                                
                 SENATE JUDICIARY STANDING COMMITTEE                                                                          
                           March 11, 2016                                                                                       
                              2:13 p.m.                                                                                         
                                                                                                                                
                                                                                                                              
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lesil McGuire, Chair                                                                                                    
Senator John Coghill, Vice Chair                                                                                                
Senator Mia Costello                                                                                                            
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91                                                                                       
"An  Act relating  to  criminal law  and  procedure; relating  to                                                               
controlled  substances;   relating  to  probation;   relating  to                                                               
sentencing;  establishing   a  pretrial  services   program  with                                                               
pretrial  services officers  in  the  Department of  Corrections;                                                               
relating  to permanent  fund  dividends;  relating to  electronic                                                               
monitoring;  relating to  penalties for  violations of  municipal                                                               
ordinances;   relating  to   parole;  relating   to  correctional                                                               
restitution   centers;  relating   to  community   work  service;                                                               
relating  to revocation,  termination, suspension,  cancellation,                                                               
or   restoration  of   a  driver's   license;  relating   to  the                                                               
disqualification  of persons  convicted  of  certain felony  drug                                                               
offenses  from  participation in  the  food  stamp and  temporary                                                               
assistance programs;  relating to the duties  of the commissioner                                                               
of  corrections; amending  Rules 6,  32,  32.1, 38,  41, and  43,                                                               
Alaska  Rules of  Criminal Procedure,  and repealing  Rules 41(d)                                                               
and (e),  Alaska Rules of  Criminal Procedure; and  providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  91                                                                                                                  
SHORT TITLE: OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                          
SPONSOR(s): SENATOR(s) COGHILL                                                                                                  
                                                                                                                                
03/25/15       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/25/15       (S)       STA, JUD, FIN                                                                                          
04/02/15       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/02/15       (S)       Heard & Held                                                                                           
04/02/15       (S)       MINUTE(STA)                                                                                            
02/03/16       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
02/03/16       (S)       STA, JUD, FIN                                                                                          
02/13/16       (S)       STA AT 10:00 AM BUTROVICH 205                                                                          
02/13/16       (S)       Heard & Held                                                                                           
02/13/16       (S)       MINUTE(STA)                                                                                            
02/18/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
02/18/16       (S)       Heard & Held                                                                                           
02/18/16       (S)       MINUTE(STA)                                                                                            
02/25/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
02/25/16       (S)       Heard & Held                                                                                           
02/25/16       (S)       MINUTE(STA)                                                                                            
03/01/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
03/01/16       (S)       Heard & Held                                                                                           
03/01/16       (S)       MINUTE(STA)                                                                                            
03/03/16       (S)       STA AT 8:30 AM BUTROVICH 205                                                                           
03/03/16       (S)       Heard & Held                                                                                           
03/03/16       (S)       MINUTE(STA)                                                                                            
03/08/16       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
03/08/16       (S)       Moved CSSSSB 91(STA) Out of Committee                                                                  
03/08/16       (S)       MINUTE(STA)                                                                                            
03/08/16       (S)       STA AT 5:00 PM BUTROVICH 205                                                                           
03/08/16       (S)       -- MEETING CANCELED --                                                                                 
03/09/16       (S)       STA RPT CS  2DP 1DNP 1NR 1AM  NEW TITLE                                                                
03/09/16       (S)       DP: COGHILL, MCGUIRE                                                                                   
03/09/16       (S)       DNP: STOLTZE                                                                                           
03/09/16       (S)       NR: HUGGINS                                                                                            
03/09/16       (S)       AM: WIELECHOWSKI                                                                                       
03/09/16       (S)       JUD WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23                                                                                                     
03/09/16       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/09/16       (S)       Heard & Held                                                                                           
03/09/16       (S)       MINUTE(JUD)                                                                                            
03/11/16       (S)       JUD AT 2:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
Senator John Coghill                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the Alaska Criminal Justice                                                                    
Commission pretrial recommendations embodied in SB 91.                                                                          
                                                                                                                                
CRAIG RICHARDS, Attorney General                                                                                                
Department of Law (DOL) and Commissioner                                                                                        
Alaska Criminal Justice Commission                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
DEAN WILLIAMS, Commissioner Designee                                                                                            
Department of Corrections and Commissioner                                                                                      
Alaska Criminal Justice Commission                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
GARY FOLGER, Commissioner                                                                                                       
Department of Public Safety (DPS) and Commissioner                                                                              
Alaska Criminal Justice Commission                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
KRIS SELL, Lieutenant                                                                                                           
Juneau Police Department and Commissioner                                                                                       
Alaska Criminal Justice Commission                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
BRENDA STANFILL, Executive Director                                                                                             
Interior Alaska Center for Non-Violent Living and Commissioner                                                                  
Alaska Criminal Justice Commission                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
QUINLAN STEINER, Public Defender                                                                                                
Public Defender Agency and Commissioner                                                                                         
Alaska Criminal Justice Commission                                                                                              
Anchorage, Alaska                                                                                                             
POSITION STATEMENT:  Provided supporting testimony for SB 91.                                                                 
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
2:13:17 PM                                                                                                                    
CHAIR  LESIL   MCGUIRE  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 2:13  p.m. Present at the  call to                                                               
order  were  Senators  Coghill,   Costello,  and  Chair  McGuire.                                                               
Senator Wielechowski arrived during the course of the meeting.                                                                  
                                                                                                                                
         SB  91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                   
                                                                                                                                
2:13:34 PM                                                                                                                    
CHAIR MCGUIRE announced  the consideration of SSSB  91. [This was                                                               
the second hearing and CSSSSB 91(STA) was before the committee.]                                                                
                                                                                                                                
2:14:09 PM                                                                                                                    
SENATOR JOHN  COGHILL, Alaska State Legislature,  Juneau, Alaska,                                                               
sponsor  of SB  91,  said  today Mr.  Shilling  will present  the                                                               
pretrial policies.  He reported that the  pretrial population has                                                               
grown by 81  percent in the last decade and  comprises 28 percent                                                               
of  the   prison  population.  The  reform   recommendations  for                                                               
pretrial  services  relate  to citation  vs.  arrest,  risk-based                                                               
release decision making, and pretrial supervision.                                                                              
                                                                                                                                
CHAIR MCGUIRE stated that the hearings  on SB 91 are divided into                                                               
the four categories  and today would focus  on pretrial policies.                                                               
For  each category  the initial  testimony would  be invited  and                                                               
public  testimony would  come  later. She  targeted  the week  of                                                               
March 21-25 to move the bill from committee.                                                                                    
                                                                                                                                
She noted that  in 2014, detainees whose most  serious charge was                                                               
a  nonviolent  misdemeanor were  staying  an  average of  9  days                                                               
during  the pretrial  period.  This  is 3  days  longer than  the                                                               
average stay in [2005]. At $142  per bed per day, that translates                                                               
to $210,000 per day for pretrial nonviolent offenders.                                                                          
                                                                                                                                
2:19:29 PM                                                                                                                    
JORDAN  SHILLING,  Staff,  Senator   John  Coghill,  delivered  a                                                               
PowerPoint   presentation   of   the  Alaska   Criminal   Justice                                                               
Commission Pretrial Recommendations (1-4).                                                                                      
                                                                                                                                
Recommendation 1: Expand the use of citations in place of arrest for                                                          
lower-level nonviolent offenses.                                                                                              
                                                                                                                                
Mr. Shilling explained  that the bill takes the form  of a presumption                                                          
of nonarrest,  but includes  exceptions to  ensure that  officers have                                                          
the discretion to arrest an individual  deemed a flight risk or danger                                                          
to the public.                                                                                                                  
                                                                                                                                
SENATOR  COGHILL noted  that the  citation vs.  arrest provisions                                                               
are found in Sections 33-35.                                                                                                    
                                                                                                                                
CHAIR MCGUIRE  asked Mr. Shilling  to flag the areas  where there                                                               
is pushback.                                                                                                                    
                                                                                                                                
2:21:03 PM                                                                                                                    
MR. SHILLING said that even  though law enforcement officers have                                                               
always had  the discretion  to issue  a citation  for lower-level                                                               
nonviolent crimes,  56 percent of pretrial  admissions to prisons                                                               
are from nonviolent misdemeanor  charges. He described Section 33                                                               
as the meat of the citation policy.                                                                                             
                                                                                                                                
Law enforcement initially pushed back  asking the sponsor to take                                                               
a careful look at where  discretion was limited. The Senate State                                                               
Affairs Committee  tightened these  provisions and  the sponsor's                                                               
team  is continuing  to actively  work  with groups  on this,  he                                                               
said.                                                                                                                           
                                                                                                                                
He listed the following key findings of the commission:                                                                         
                                                                                                                                
   • There has been 81 percent growth in the pretrial inmate                                                                    
     population in the last decade.                                                                                             
   • 28 percent of the entire prison population are pretrial                                                                    
     detainees.                                                                                                                 
   • Half of pretrial defendants are detained on nonviolent                                                                     
     charges, including misdemeanors.                                                                                           
   • The bail system is tied to money, not risk.                                                                                
                                                                                                                                
Recommendation 2:  Utilize risk-based pretrial  release decision-                                                             
making.                                                                                                                       
                                                                                                                              
MR.SHILLING explained that the two  pretrial risk factors are the                                                               
risk of  reoffending during the  pretrial phase, and the  risk of                                                               
not  appearing  in  court.  However,   there  currently  isn't  a                                                               
statistical   tool  to   measure   these   risks.  Instead,   the                                                               
seriousness of  the crime and  the individual's  criminal history                                                               
is  considered.  This  is  despite  the  fact  that  someone  who                                                               
committed  a  serious  crime  isn't  necessarily  high  risk  and                                                               
someone  who committed  a low-level  crime isn't  necessarily low                                                               
risk. Thus, moving to a risk-based system makes sense, he said.                                                                 
                                                                                                                                
He  displayed  a  chart  showing  that  less  than  half  of  the                                                               
defendants sampled  are released  from prison pretrial,  and only                                                               
12 percent are  released on their own  recognizance. He displayed                                                               
a  second chart  showing  that two-thirds  of defendants  sampled                                                               
were required  to pay  monetary bond  to attain  release. Because                                                               
secured bond is ordered in a  majority of cases, release is often                                                               
linked to the  defendant's ability to pay rather  that their risk                                                               
of pretrial failure.                                                                                                            
                                                                                                                                
2:23:25 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
2:23:41 PM                                                                                                                    
MR.  SHILLING displayed  a chart  that illustrates  that monetary                                                               
bail  leads to  detention on  low bond  amounts. For  example, 36                                                               
percent  of defendants  are able  to post  bond for  secured bail                                                               
under  $500, whereas  57  percent  are unable  to  post bond  for                                                               
secured bail between  $500 and $999. He reported  that the states                                                               
that do  use pretrial risk  assessments are seeing  big benefits;                                                               
the research shows that using  a pretrial risk assessment tool is                                                               
more predictive  than professional judgment alone.  That has been                                                               
the experience  in Kentucky  where 70  percent of  their pretrial                                                               
defendants are  released. The data  shows that 90  percent appear                                                               
at  their  hearings and  92  percent  don't  commit a  new  crime                                                               
pretrial.  This illustrates  the  potential to  get  the same  or                                                               
better results by moving to a smarter, more risk-based approach.                                                                
                                                                                                                                
The  research also  shows that  pretrial  detention for  low-risk                                                               
defendants can  lead to  worse outcomes. If  held longer  than 24                                                               
hours, a pretrial defendant is  more likely to engage in criminal                                                               
activity during the pretrial phase  and more likely to recidivate                                                               
long term.                                                                                                                      
                                                                                                                                
SB  91  envisions  the Department  of  Corrections  conducting  a                                                               
pretrial risk  assessment on every defendant  pretrial. A release                                                               
decision will  be made based  on that risk assessment.  He added,                                                               
"We  feel very  strongly, as  did the  commission, that  a system                                                               
that isn't  based on risk, is  not serving the public  well. It's                                                               
not serving the state's budget well either."                                                                                    
                                                                                                                                
2:27:27 PM                                                                                                                    
Recommendation 3: Implement meaningful pretrial supervision.                                                                  
Recommendation 4: Focus pretrial supervision resources on high-                                                               
risk defendants.                                                                                                              
                                                                                                                                
MR. SHILLING said the commission  also recommended that the state                                                               
begin supervising  defendants pretrial  and that  the supervision                                                               
resources be  sharply focused on  those most likely  to reoffend.                                                               
Individuals  who  need  minimal supervision  might  only  receive                                                               
court date reminders from  their pretrial supervisor. Individuals                                                               
who need  basic supervision might  receive phone calls,  have in-                                                               
office appointments  and field visits. Risky  defendants released                                                               
pretrial would  receive enhanced supervision. This  would include                                                               
the 24/7  sobriety program, electronic monitoring,  and very high                                                               
frequency visits. He said this is  one of the large public safety                                                               
enhancements in SB 91, and a critical part of reinvestment.                                                                     
                                                                                                                                
2:29:19 PM                                                                                                                    
CRAIG  RICHARDS,  Attorney  General,  Department  of  Law  (DOL),                                                               
described  the commission  process as  a collaborative  consensus                                                               
exercise  that worked  well.  Anyone who  felt  strongly about  a                                                               
policy had the  ability to block it. He noted  that DOL blocked a                                                               
number  of  suggestions it  felt  weren't  good. Similarly,  when                                                               
DOL's suggestions  received pushback, they generally  worked with                                                               
other commissioners to get them  amended so that prosecutors were                                                               
comfortable. He  provided examples.  The original proposal  had 5                                                               
grams rather than  2.5 grams as the trigger point  for the change                                                               
in the  drug classification. He  noted that he  personally pushed                                                               
to make the  second DUI offense jailable.  The original provision                                                               
for the suspended reentry of  judgment decision wasn't acceptable                                                               
and  Mr.  Skidmore's  redraft  was   ultimately  adopted  by  the                                                               
commission. DOL  also influenced  the inflation provision  on the                                                               
theft  statutes   and  the  sentence  reductions   for  mandatory                                                               
minimums.                                                                                                                       
                                                                                                                                
ATTORNEY GENERAL  RICHARDS said that while  it was a lot  of time                                                               
and work, the Department of Law  was ultimately able to buy in on                                                               
all the proposals.                                                                                                              
                                                                                                                                
2:32:09 PM                                                                                                                    
ATTORNEY  GENERAL RICHARDS  said the  Department of  Law believes                                                               
that pretrial  supervision is a  very good idea but  the downside                                                               
is the  cost of  instituting another  layer of  organization into                                                               
the system. The  hope is that it will be  successful and he looks                                                               
forward to the  legislature making a decision  on worthwhile pre-                                                               
investment.                                                                                                                     
                                                                                                                                
He confirmed  that there  was broad  consensus that  the existing                                                               
bail  system could  be  better.  It doesn't  make  sense when  50                                                               
percent   of   eligible   inmates  can't   afford   their   bail,                                                               
particularly  when the  objective goal  is to  reduce bed  counts                                                               
when possible.  The approach taken  to have a risk  assessment on                                                               
some sort of  grid also had wide consensus. DOL  in particular is                                                               
appreciative that the system that's in  place is one that will be                                                               
collaborative between the different groups and corrections.                                                                     
                                                                                                                                
2:33:48 PM                                                                                                                    
ATTORNEY GENERAL  RICHARDS said there  were a number  of meetings                                                               
on the  citation vs.  arrest policy and  there was  some pushback                                                               
but  they  landed in  a  good  spot.  Creating a  presumption  of                                                               
nonarrest  in  most  circumstances   changes  the  habit  of  the                                                               
behavior, and  the recent amendments  empower law  enforcement to                                                               
make  arrests when  they  deem it's  appropriate  or for  certain                                                               
classes of offenses.                                                                                                            
                                                                                                                                
He concluded that all the proposals  are good and they have DOL's                                                               
support.                                                                                                                        
                                                                                                                                
CHAIR  MCGUIRE  asked  if  there was  any  discussion  about  the                                                               
potential  for  discrimination  in sentencing  when  the  trigger                                                               
point for the drug classification is based on weight.                                                                           
                                                                                                                                
ATTORNEY GENERAL  RICHARDS said  the discussion  came up  but the                                                               
decision  was   to  choose  simplicity.   He  believes   that  is                                                               
reasonable but either policy could be defended.                                                                                 
                                                                                                                                
SENATOR COGHILL  highlighted that both  are felonies and  part of                                                               
the discussion was  to differentiate between using  because of an                                                               
addiction and trafficking at a higher level.                                                                                    
                                                                                                                                
2:36:27 PM                                                                                                                    
CHAIR MCGUIRE  requested more  thought on  the topic  because the                                                               
discussion in the marijuana legislation was dosage.                                                                             
                                                                                                                                
ATTORNEY  GENERAL  RICHARDS  suggested the  Controlled  Substance                                                               
Advisory Committee would be a good resource.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI expressed interest  in hearing DOL's opinion                                                               
on the bill as a whole  and whether victim rights were adequately                                                               
included in developing the recommendations.                                                                                     
                                                                                                                                
ATTORNEY  GENERAL  RICHARDS said  the  people  that attended  the                                                               
meetings had  a voice  and an  opportunity to  provide meaningful                                                               
input,   whether   they   were   on  the   commission,   in   the                                                               
subcommittees, or a member of the public.                                                                                       
                                                                                                                                
2:40:33 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if he believes  that this legislation                                                               
can pass  and still protect  the rights  of both victims  and the                                                               
public.                                                                                                                         
                                                                                                                                
ATTORNEY GENERAL RICHARDS said he  does. He related that he asked                                                               
Attorney  General  Sam  Olens  what   didn't  work  in  Georgia's                                                               
criminal justice initiative reforms, and  his answer was that all                                                               
the policies worked and none  needed to be changed. While there's                                                               
no guarantee  that will happen  here, he believes  the commission                                                               
picked policies that will work.                                                                                                 
                                                                                                                                
2:41:51 PM                                                                                                                    
DEAN WILLIAMS,  Commissioner Designee, Department  of Corrections                                                               
(DOC), said  he's fairly  new to the  commission that  made these                                                               
recommendations, but he's  been following this work  in his other                                                               
occupation for several  years. He noted that some  of the reforms                                                               
in the juvenile system are  somewhat similar, particularly in the                                                               
area  of  pretrial.  The  concept  is  to  jail  the  people  who                                                               
represent the  most risk, and  keep the people who  represent low                                                               
risk  out of  jail and  away from  career criminals.  The concept                                                               
makes sense in both systems, he said.                                                                                           
                                                                                                                                
He  highlighted that  law  enforcement,  corrections, and  safety                                                               
organizations are  naturally risk averse because  they don't want                                                               
anything to  go wrong when  they've been charged  with protecting                                                               
the  public. If  there isn't  an established  process to  analyze                                                               
what they're  doing in terms  of risk,  they will play  it overly                                                               
safe and  become more  cautious every  day. The  current pretrial                                                               
data clearly  illustrates that  is what  has been  happening with                                                               
pretrial  inmates  in Alaska  and  nationwide  over the  last  10                                                               
years.                                                                                                                          
                                                                                                                                
COMMISSIONER WILLIAMS  agreed with Mr. Shilling's  assertion that                                                               
a  pretrial  risk assessment  process  has  better outcomes  than                                                               
relying on professional  judgment. He pointed to  the practice of                                                               
using halfway houses  as an example of  making decisions pretrial                                                               
to  drive down  the prison  population numbers,  but acknowledged                                                               
that he  was a  little nervous  about that  decision-making right                                                               
now. He  related that  it's difficult to  convince staff  to move                                                               
someone even  if they seem  low risk because it's  their decision                                                               
if  something goes  wrong.  The risk  assessment  tool will  help                                                               
guide this  decision-making and  has the potential  to be  a huge                                                               
help to the department.                                                                                                         
                                                                                                                                
COMMISSIONER  WILLIAMS  alluded to  data  from  other states  and                                                               
emphasized that  the right reforms  in pretrial policies  has the                                                               
potential to  not only lower  prison population numbers  but also                                                               
lower crime rates.  This naturally follows because  the people in                                                               
jail need  to be  there and  the people who  get out  will become                                                               
productive and  stay out of  trouble. These reforms  aren't about                                                               
compromising  safety but  rather about  enhancing safety  for the                                                               
entire state.  That's why the Department  of Corrections supports                                                               
these reforms 110 percent, he said.                                                                                             
                                                                                                                                
2:48:18 PM                                                                                                                    
GARY  FOLGER, Commissioner,  Department of  Public Safety  (DPS),                                                               
said he can't  really add to what's already been  said other than                                                               
that DPS supports SB 91.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if he believes  that this legislation                                                               
can pass  and still protect  the rights  of both victims  and the                                                               
public.                                                                                                                         
                                                                                                                                
COMMISSIONER FOLGER  said he does.  He added, "There  will always                                                               
be detractors but, in the end, this is a good bill."                                                                            
                                                                                                                                
2:49:19 PM                                                                                                                    
KRIS  SELL,   Lieutenant,  Juneau  Police  Department   and  Vice                                                               
President, Alaska Peace Officers  Association, clarified that she                                                               
was speaking  as a commission  member and  not for either  JPD or                                                               
APOA. She  noted that members from  both organizations questioned                                                               
her thinking when SB 91 was introduced.                                                                                         
                                                                                                                                
She  described the  proposed  reforms as  a  huge, difficult  and                                                               
slightly scary paradigm shift. She related  that she grew up on a                                                               
farm in Montana  during the "tough on crime" era  and she entered                                                               
law enforcement  wanting to be  a part of that  culture. However,                                                               
she  soon  realized  that  she  was  arresting  the  same  people                                                               
repeatedly, and they  were getting more dangerous  and more anti-                                                               
social each  time they went  through the system. When  she walked                                                               
through the  jails she could  understand why this  was happening.                                                               
These people had very serious  problems in their lives, but being                                                               
in jail  was simply  a grownup  timeout with  cable TV  and three                                                               
meals a  day. When  these individuals  were put  back out  on the                                                               
street the cycle started over again,  but they were a little more                                                               
dangerous.                                                                                                                      
                                                                                                                                
LT.  SELL expressed  particular interest  in the  risk assessment                                                               
tool for  pretrial. It may  help law enforcement  understand what                                                               
is driving  a person  to commit crimes  and then  impose positive                                                               
and  negative  sanctions to  change  the  behavior and  get  that                                                               
person back into the community.  She noted that someone who grows                                                               
up in the  system is more likely  to have kids that  will also be                                                               
arrested.  She  said  Juneau  has  families  that  have  a  third                                                               
generation  in the  system which  is a  clear demonstration  that                                                               
something isn't working. Citing  the dismal recidivism statistic,                                                               
she expressed  the desire  to use  some of  the savings  to delve                                                               
into  what is  driving individuals  to commit  crimes. "We  don't                                                               
want to  throw away the  old tool, we just  want to add  some new                                                               
ones and we  have to pay for  them." Fewer hard beds  are part of                                                               
that, she said.                                                                                                                 
                                                                                                                                
2:54:49 PM                                                                                                                    
LT.  SELL  reported that  she  testified  against former  Senator                                                               
Dyson's  bill  to   reclassify  drugs  when  it   didn't  have  a                                                               
reinvestment  piece.  That  part  is  particularly  important  in                                                               
pretrial  because without  reinvestment there  is just  less jail                                                               
time and that is  the only way to make the  status quo worse. She                                                               
urged the  committee not  to pass  the bill  without reinvestment                                                               
because it  would not  be good for  public safety.  She concluded                                                               
saying that "With  the reinvestment, maybe we  can actually start                                                               
correcting behavior."                                                                                                           
                                                                                                                                
CHAIR MCGUIRE asked her to expand  on the idea that these reforms                                                               
are a culture shift.                                                                                                            
                                                                                                                                
LT.  SELL said  paradigm shifts  can be  difficult and  take some                                                               
time, but  this one  is happening  quite rapidly  considering the                                                               
30-40  years  spent on  getting  tough  on crime.  She  discussed                                                               
crisis intervention  training, mental health calls,  and the need                                                               
for  discretionary tools  to  separate  violent individuals.  The                                                               
safest thing  for the community  is to change behavior,  but more                                                               
work needs to be done in that area, she said.                                                                                   
                                                                                                                                
3:00:32 PM                                                                                                                    
SENATOR COGHILL  commented on the  pushback Lt.  Sell experienced                                                               
on the citation vs. arrest policy.                                                                                              
                                                                                                                                
LT. SELL  discussed the  provisions she worked  to carve  out for                                                               
that policy.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI asked  her to discuss the  concern voiced by                                                               
police officers  about not having  the ability to  arrest someone                                                               
when they need to be arrested.                                                                                                  
                                                                                                                                
LT. SELL  said law  enforcement needs to  have the  discretion to                                                               
arrest when  it's appropriate and  necessary and  Senator Coghill                                                               
has been very receptive to making changes to accommodate that.                                                                  
                                                                                                                                
SENATOR COGHILL  said they've tried  to give  discretion although                                                               
there  is  a  presumption  of nonarrest.  He  discussed  the  new                                                               
chapter on  pretrial services  found in Section  92 that  has the                                                               
reinvestment piece.                                                                                                             
                                                                                                                                
LT.  SELL said  it was  an aha  moment when  she realized  that a                                                               
person's access  to money is  not correlated to  their propensity                                                               
to  commit more  crimes.  She  admitted that  the  process was  a                                                               
difficult  journey and  that  she had  to open  her  mind to  the                                                               
science  of incarceration  and correction  and the  experience of                                                               
other states.                                                                                                                   
                                                                                                                                
CHAIR  MCGUIRE  commented  on  finding  the  sweet  spot  as  the                                                               
pendulum  swings, and  asked Lt.  Sell if  she would  serve as  a                                                               
resource  for the  committee. She  expressed hope  that the  bill                                                               
would leave  the judiciary committee  with support from  both law                                                               
enforcement and victims' rights organizations.                                                                                  
                                                                                                                                
LT. SELL said  she believes that victims and  law enforcement can                                                               
get to common  ground. The victims she's talked with  in the last                                                               
18 years always say they  don't want the perpetrator to victimize                                                               
anyone  else. The  idea  is to  meaningfully  alter behavior  the                                                               
first time  someone enters the  criminal justice system  so there                                                               
isn't a victim 2, 3, or 4.                                                                                                      
                                                                                                                                
CHAIR  MCGUIRE  said  she  likes the  provision  that  calls  for                                                               
legislative review.                                                                                                             
                                                                                                                                
LT. SELL  said smart justice doesn't  end on a certain  day; it's                                                               
necessary to stay on this issue.                                                                                                
                                                                                                                                
3:10:46 PM                                                                                                                    
BRENDA STANFILL,  Executive Director, Interior Alaska  Center for                                                               
Non-Violent  Living,  said  she   was  appointed  to  the  victim                                                               
advocacy  seat on  the Alaska  Criminal  Justice Commission.  She                                                               
related that when she started out  in victim advocacy she felt it                                                               
was possible  to criminalize the way  out of a social  issue, but                                                               
she understands  now that's simply not  possible. Despite initial                                                               
reservations,  she  embraced  the  process  the  commission  went                                                               
through  to try  to think  through how  to do  things smarter  to                                                               
attain public safety,  accountability, and a long  term change in                                                               
behavior. She  listened to the  research, data from  other states                                                               
and  to   the  professionals  who   have  prior   experience  and                                                               
knowledge.                                                                                                                      
                                                                                                                                
MS. STANFILL described the commission  process as interactive and                                                               
inclusive. Everyone who attended the  meetings had a voice. There                                                               
were  also  two  victim  services roundtables  that  worked  with                                                               
victims to identify  gaps and issues within the  system and think                                                               
about how to  reinvest. That work is ongoing.  She explained that                                                               
the   commission   decided   to   release   the   21   high-level                                                               
recommendations  knowing  that  there   would  be  a  legislative                                                               
process to go  into the details. She thanked  Senator Coghill and                                                               
his  staff  for  the  time  they've  spent  with  victim  service                                                               
agencies. She  listed the expertise  that the commission  drew on                                                               
that  identified  needed  carve-outs  to make  sure  that  public                                                               
safety and  victim rights were  at the  front and center  of this                                                               
bill.                                                                                                                           
                                                                                                                                
3:15:27 PM                                                                                                                    
MS.  STANFILL said  she embraced  the  recommendation to  utilize                                                               
risk-based pretrial  decision-making because the  pretrial period                                                               
is often  when victims are  most at risk.  This can be  a crucial                                                               
piece of  providing victim safety and  reducing victimization. It                                                               
can also  help identify  individuals who might  be amenable  to a                                                               
suspended entry  of judgment so  pretrial services  has potential                                                               
for both victims and offenders.                                                                                                 
                                                                                                                                
She  described the  citation vs.  arrest policy  as the  scariest                                                               
part of pretrial in terms of  public safety. That being said, she                                                               
believes the commission did a good  job of carving out the needed                                                               
parts so law enforcement has the  latitude to make an arrest when                                                               
a victim's safety is at risk.                                                                                                   
                                                                                                                                
MS. STANFILL  concluded her  comments emphasizing  the importance                                                               
of reinvestment. It's about having  pretrial services in place so                                                               
someone can be  released from prison safely, not just  to free up                                                               
a hard  bed. She  cited data from  the Choose  Respect initiative                                                               
that shows  that money put  into prevention services  resulted in                                                               
3,000 fewer victimizations in the last 12 months.                                                                               
                                                                                                                                
"From a  commissioner's standpoint and from  representing victims                                                               
in our state of Alaska, I  do truly stand behind what we're doing                                                               
here  and I  think we're  on the  right track  to make  something                                                               
different happen and in a safe way," Ms. Stanfill stated.                                                                       
                                                                                                                                
3:19:59 PM                                                                                                                    
CHAIR MCGUIRE  asked if  her seat  on the  commission represented                                                               
victim rights and if the  concerns articulated by victims' rights                                                               
groups were met by the State Affairs committee substitute.                                                                      
                                                                                                                                
MS. STANFILL said  she was appointed to the  victim advocacy seat                                                               
and  she believes  there the  issues related  to victims'  rights                                                               
were  addressed.  She commented  on  the  paradigm shift  in  her                                                               
thinking now  compared to 15  years ago, but admitted  that there                                                               
may never be a day that  every victims' services agency or victim                                                               
will support these changes.                                                                                                     
                                                                                                                                
CHAIR MCGUIRE  commented that  it takes bravery  to go  down this                                                               
path, because it's a different way of thinking about things.                                                                    
                                                                                                                                
3:26:12 PM                                                                                                                    
QUINLAN  STEINER,   Public  Defender,  Public   Defender  Agency,                                                               
Anchorage,  Alaska,  said  he's  spent the  bulk  of  his  career                                                               
working on policy  and management issues; most recently  he was a                                                               
member of  the Alaska  Criminal Justice  Commission. He  said the                                                               
commission  did  a  comprehensive   review  of  data  related  to                                                               
criminal  justice in  this state  and there  was vigorous  debate                                                               
about  the  merits of  each  policy  that  was forwarded  to  the                                                               
legislature. As a  public defender he discussed  and examined his                                                               
views in the  consensus process and he supports  every policy the                                                               
commission voted  on. While  saving money  was a  goal throughout                                                               
the  process,  the commission  never  forgot  about the  goal  of                                                               
reducing  crime and  enhancing public  safety. He  said the  bill                                                               
accomplishes that, but  an important part of its  success will be                                                               
to  follow  up  and  measure the  outcomes  of  the  initiatives.                                                               
Currently there are  initiatives to make that  happen. The Alaska                                                               
Criminal Justice  Information Center  is forming to  compile data                                                               
on treatment programs  and initiatives to make  sure the expected                                                               
benefits are attained. If they aren't, changes can be made.                                                                     
                                                                                                                                
MR.  STEINER  described  the  package  of  data-supported  reform                                                               
recommendations as  the most  comprehensive and  significant that                                                               
he'd  ever seen.  "Based  upon all  of that  work,  I'm happy  to                                                               
support the initiatives in this bill," he said.                                                                                 
                                                                                                                                
3:30:31 PM                                                                                                                    
SENATOR COGHILL asked the committee  to keep in mind three things                                                               
on the pretrial  services: 1) the risk assessment  tool will need                                                               
to be refined for Alaska  after implementation; 2) in addition to                                                               
accountability, there  is the  option for  diversionary programs;                                                               
and 3) the constitutional question  of holding someone based on a                                                               
risk assessment.                                                                                                                
                                                                                                                                
CHAIR MCGUIRE said she suspects  there are similar notions to the                                                               
suspended imposition of sentence.                                                                                               
                                                                                                                                
SENATOR COGHILL  said he'd  like to  hear from  the court  on the                                                               
issue.                                                                                                                          
                                                                                                                                
3:34:14 PM                                                                                                                    
CHAIR MCGUIRE  asked Lt.  Sell about  a ride  along with  JPD and                                                               
Commissioner  Williams   if  members  could  visit   Lemon  Creek                                                               
Correctional  Center. [She  received an  affirmative response  to                                                               
both questions.]                                                                                                                
                                                                                                                                
[SB 91 was held in committee.]                                                                                                  
                                                                                                                                
3:36:26 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair McGuire  adjourned the Senate Judiciary  Standing Committee                                                               
meeting at 3:36 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 91 pretrial.pptx SJUD 3/11/2016 2:00:00 PM
SB 91
SB 91 SIGNED FDC Reso 2016-01 Supporting.pdf SJUD 3/11/2016 2:00:00 PM
SB 91