Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/18/2016 01:30 PM Senate JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 18, 2016
1:33 p.m.
MEMBERS PRESENT
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Bill Wielechowski
Senator Peter Micciche
MEMBERS ABSENT
Senator Lesil McGuire, Chair
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)
03/11/16 (S) Heard & Held
03/11/16 (S) MINUTE(JUD)
03/16/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/16/16 (S) Heard & Held
03/16/16 (S) MINUTE(JUD)
WITNESS REGISTER
BUTCH MOORE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Commented and offered suggestions on SB 91.
JESSICA BOGARD, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 91.
MELISSA ORDNER, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 91.
CARA DURR, Food Bank of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 91.
SARRA KHLIFI, Alaska Food Bank of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 91.
VICKI WALLNER, Stop Valley Thieves
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to SB 91.
BRIAN SHIMEK, Outreach Manager
Food Bank of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 91.
REECE BURKE, representing himself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 91.
LECON CHUITT, Jr., representing himself
Ionic, Alaska
POSITION STATEMENT: Testified in support of SB 91.
MARI MUKAI, Food Bank of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 91.
KARA NELSON, Director, Raven House and Re-entry Coalition,
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 91.
VAL DEWEY, representing herself
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 91.
DONNA BALDWIN, representing herself
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 91.
ACTION NARRATIVE
1:33:21 PM
VICE CHAIR COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Costello, Wielechowski, and Vice Chair
Coghill.
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
1:33:59 PM
VICE CHAIR COGHILL announced the consideration of SSSB 91 and
opened public testimony.
1:34:17 PM
BUTCH MOORE, representing himself, introduced himself as Bree
Moore's father. He thanked the sponsor for taking suggestions
from many agencies and including amendments to the bill. He
noted a letter he had written to the committee about an
amendment that adds paragraphs throughout the bill to exempt
unclassified felonies - the most egregious crimes.
He referred to the Pew Charitable Trust recommendations that the
bill take the pressure off the prison system, make penalties for
the most violent crimes stiffer, and reinvest in prevention and
integrating people back into society upon release. He read the
paragraph that would exempt certain parole categories: "If the
defendant has not been convicted of an unclassified felony, a
sexual felony as defined by statute, or a crime involving
domestic violence as defined by statute." He said he found one
additional section to add that paragraph on page 55, line 31. He
did not think probation officers should be forced to recommend
probation for unclassified felonies.
He said he discussed with Mr. Schilling the provision that
states the minimum amount of time served for rape if a weapon is
used is 25 years. A judge can impose a minimum of 35 years
depending on violence and other factors. He pointed out that the
minimum for murder in the second degree is 10 years and for
murder in the first degree it is 20 years. He explained that
those laws were changed by Representative Mark Neuman and no one
realized that the sentences for rape were longer than the
sentences for murder. He said Mr. Schilling's research on this
issue found that most murder sentences were from 45 to 55 years
with eligibility for parole after a third of the sentence. He
suggested changing murder in the second degree to a minimum of
25 years; for murder in the first degree it would be 35 years.
He maintained that there would be no additional cost to the
state.
1:39:28 PM
He concluded that this would address one of the Pew Charitable
Trust recommendation to stiffen penalties for murder and the
most dangerous offenses. He thanked the sponsor for being open
to communication and input.
1:41:09 PM
VICE CHAIR COGHILL voiced appreciation for Mr. Moore's work and
said he would highlight that suggestion.
1:42:58 PM
JESSICA BOGARD, representing herself, testified in opposition to
SB 91. She shared the victim's perspective of crime and the need
for balance between the victim's pain and the punishment of the
convicted. She said the balance would be thrown aside, should
parts of SB 91 pass, because the convicted will now be released
sooner and parole shortened. However, the victim would continue
to suffer. She concluded that the budget's bottom line should
never come at such a high cost to the victim's piece of mind.
CHAIR COGHILL said he has tried his best to think through the
minimum sentences. He said he would ensure there is less "good
time" available to those who have committed sexual assault. He
understood that it would not erase the pain. He commented that
there would be a risk assessment tool for probation and parole,
which includes victims' input. He said they are trying to be
sensitive, but also allow for redemption opportunities for the
incarcerated.
1:46:41 PM
MELISSA ORDNER, representing herself, testified in opposition to
SB 91. She requested that the bill not consider the amount of
money saved, but rather the punishment for crimes committed. She
shared her daughter's experience as a victim of sexual abuse.
She spoke of the wrong of letting a sex abuser be released too
soon, as provided in the bill. She read a letter her daughter
wrote when she was eleven. She stated that the bill puts the
burden on the victim to stay in touch with the Department of
Corrections.
1:49:41 PM
CHAIR COGHILL explained that violent crimes were not addressed
by the commission; they dealt with misdemeanants. He said her
point is well taken. He thanked her for sharing her story.
1:50:20 PM
CARA DURR, Food Bank of Alaska, testified in support of SB 91.
She voiced appreciation for the repeal of the lifetime ban on
the Supplemental Nutrition Assistance Program (SNAP) found in
Section 136. She had concerns about Section 135, which requires
mandatory drug testing for those with a previous felony drug
charge who want to receive public benefits. She said drug felons
must comply with their parole conditions, which often include
drug treatment and testing. Putting mandatory drug testing under
the Department of Health and Social Services (DHSS) would be
redundant and should be left to the Department of Corrections.
It would increase the workload in DHSS and be very costly with
little return on investment.
1:53:12 PM
CHAIR COGHILL assured her that Section 135 would continue to
receive scrutiny.
1:53:27 PM
SARRA KHLIFI, Alaska Food Bank of Alaska, testified in support
of SB 91. She echoed concerns mentioned by the previous speaker
about Section 135 and voiced support for Section 136. She
concluded that drug testing is costly and will affect all Alaska
families and create another barrier.
CHAIR COGHILL suggested she send in her written testimony.
1:56:14 PM
VICKI WALLNER, Stop Valley Thieves, testified in opposition to
SB 91. She was disappointed that the public did not receive
notice of the meeting. She shared the research she has done. She
suggested the sponsor look at unintended consequences of SB 91.
She suggested using common sense and shared statistics related
to time served (now considered pretrial). She maintained they
all had long records or had committed serious crimes. The
offenders were back on the street in less than six months for
many reasons. She highlighted several cases. She said to give
credit to those who complete programs in prison. She requested
getting tough on crime, slowing the bill hearing procedure down,
and not making rushed legislative decisions. She suggested
including citizens in the process to provide a more balanced
view.
2:04:15 PM
CHAIR COGHILL thanked Ms. Wallner for all the work she has done.
He noted the frustration of the public to have to deal with
thievery.
He said he would keep the public notice problem in mind and
commented on the bail risk assessment tool found in the bill. He
said there will also be credit for programs completed and
incentives to participate in programs. He noted there has been
public involvement on the bill and the committee is not rushing
through the bill.
2:06:04 PM
SENATOR MICCICHE joined the committee.
2:06:15 PM
BRIAN SHIMEK, Outreach Manager, Food Bank of Alaska, testified
in support of SB 91. He thanked the sponsor for the work he and
the committee have done. He said he is a big fan of Section 136,
but not Section 135. He discussed administrative costs and the
redundancy of the program. He gave an example of a family that
had to split their food with the offender.
2:09:08 PM
CHAIR COGHILL related that it is a public issue and an
accountability issue.
2:09:45 PM
REECE BURKE, representing himself, testified in support of SB
91. He shared his life as a sober, former incarcerated person
who was much benefitted by the Wellness Court. He described how
hard his life is without the ability to drive a car and the
difficulty of not having a license.
CHAIR COGHILL said the bill aims for public safety and
accountability.
2:12:34 PM
LECON CHUITT, Jr., representing himself, testified in support of
SB 91. He related that he is on parole and a program in Arizona
called the Transitional Living helped him succeed. He said he
has been clean and sober for 18 years. He stated there is a need
for similar programs in Alaska.
He spoke of Section 135 regarding drug testing. He said he was
in prison for armed robbery, not drugs. He had trouble finding a
job and being able to get on a SNAP program was very beneficial,
but he did not feel he should be required to have drug testing
because he was not a drug offender.
He described his current job and how important it is to have
support and mandatory programs in prisons. He said he learned
how to work in prison. He shared how his village is welcoming
and how he gives back to his community.
2:23:56 PM
CHAIR COGHILL thanked Mr. Chuitt. He said there are several
provisions in the bill that address his suggestions. He
commented that people in safety professions have to pass drug
tests and that was the rationale behind Section 135.
2:25:07 PM
MARI MUKAI, Food Bank of Alaska, testified in support of SB 91.
She said she works in the food outreach program and her clients
have similar stories to Mr. Makai's. It helps when they have
tools to better themselves. She said she works closely with the
Division of Public Assistance and Section 135 would be costly to
that agency. She suggested that individuals on parole have done
their time and the provisions in Section 135 would duplicate
their parole requirements. She thanked the committee for its
hard work on SB 91.
2:28:10 PM
CHAIR COGHILL said he would look into the drug testing required
by probation officers.
2:28:36 PM
KARA NELSON, Director, Raven House and Re-entry Coalition,
testified in support of SB 91. She said most inmates are in
prison due to addictions and mental health issues. She shared
her personal story. She stressed the importance of getting rid
of the barrier to those re-entering society. She said there are
some great programs in prisons, but some individuals are being
held for over a year without the ability to get services. She
said she wanted to ensure that mental health issues are dealt
with. She encouraged the reinvestment piece and the food stamp
provisions. She wanted to empower prisoners to become thriving
members of society.
2:33:40 PM
VAL DEWEY, representing herself, testified in support of SB 91.
She shared the story of her son's history of incarceration and
mental health issues. She said 40 percent of those incarcerated
have mental health problems. She emphasized how costly it is and
the lack of programs and housing for the mentally ill.
2:38:45 PM
CHAIR COGHILL agreed it was a slow and tedious process and he
agreed that corrections and behavioral health issues are
connected.
2:39:30 PM
DONNA BALDWIN, representing herself, testified in support of SB
91. She said she is a recovery coach and supports families of
addicts. She wanted to see more support for families.
2:41:33 PM
CHAIR COGHILL kept public testimony open and held SB 91 in
committee. He listed topics to be heard at the next meeting.
2:43:49 PM
There being no further business to come before the committee,
Vice Chair Coghill adjourned the Senate Judiciary Standing
Committee at 2:43 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Sb 91 247 program unfair practices Betts.docx |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 Testimony Robertson.pdf |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| Sb 91 247 program unfair practices Betts.docx |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 Suppport Fifer.msg |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 Support.Concern.Affatato.msg |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 Support Fisch.msg |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 - Support Frost.msg |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91 Concern APDEA.msg |
SJUD 3/18/2016 1:30:00 PM |
SB 91 |
| SB 91Testimony Mukai.msg |
SJUD 3/18/2016 1:30:00 PM |