Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/17/2012 01:30 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 110 HUMAN TRAFFICKING/SEX OFFENSES TELECONFERENCED
Heard & Held
*+ SB 195 PROBATION AND PAROLE OFFICERS' CASELOADS TELECONFERENCED
Heard & Held
*+ SJR 13 AMEND U.S. CONST RE CAMPAIGN MONEY TELECONFERENCED
Moved SJR 13 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 17, 2012                                                                                        
                           1:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Hollis French, Chair                                                                                                    
Senator Bill Wielechowski, Vice Chair                                                                                           
Senator Joe Paskvan                                                                                                             
Senator Lesil McGuire                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator John Coghill                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 195                                                                                                             
"An Act establishing a maximum  caseload for probation and parole                                                               
officers."                                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 110                                                                                                             
"An  Act   relating  to  human   trafficking;  and   relating  to                                                               
sentencing  and   conditions  of  probation  in   criminal  cases                                                               
involving sex offenses."                                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 13                                                                                                  
Urging  the  United States  Congress  and  the President  of  the                                                               
United States  to work  to amend the  Constitution of  the United                                                               
States  to prohibit  corporations, unions,  and individuals  from                                                               
making unlimited independent  expenditures supporting or opposing                                                               
candidates for public office.                                                                                                   
                                                                                                                                
     - MOVED SJR 13 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 195                                                                                                                  
SHORT TITLE: PROBATION AND PAROLE OFFICERS' CASELOADS                                                                           
SPONSOR(s): SENATOR(s) MCGUIRE                                                                                                  
                                                                                                                                
02/08/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/12       (S)       JUD, FIN                                                                                               
02/17/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 110                                                                                                                  
SHORT TITLE: HUMAN TRAFFICKING/SEX OFFENSES                                                                                     
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
03/21/11       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/11       (S)       JUD, FIN                                                                                               
03/30/11       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/30/11       (S)       Heard & Held                                                                                           
03/30/11       (S)       MINUTE(JUD)                                                                                            
02/17/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SJR 13                                                                                                                  
SHORT TITLE: AMEND U.S. CONST RE CAMPAIGN MONEY                                                                                 
SPONSOR(s): SENATOR(s) WIELECHOWSKI                                                                                             
                                                                                                                                
02/01/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/12       (S)       JUD                                                                                                    
02/17/12       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RONALD TAYLOR, Director                                                                                                         
Division of Probation and Parole                                                                                                
Department of Corrections (DOC)                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 195.                                                                           
                                                                                                                                
LINDA GERBER, Probation Officer II                                                                                              
Department of Corrections                                                                                                       
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 195.                                                                           
                                                                                                                                
WARREN WATERS, Probation Officer II                                                                                             
Department of Corrections (DOC)                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 195.                                                                           
                                                                                                                                
TRAVIS MORRIS, Probation Officer II                                                                                             
Department of Corrections (DOC)                                                                                                 
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SB 195.                                                                           
                                                                                                                                
LEILA SHEFFIELD, Probation Officer II                                                                                           
Department of Corrections (DOC)                                                                                                 
Bethel, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SB 195.                                                                           
                                                                                                                                
DONNA WHITE, representing herself                                                                                               
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified on SB 195 and commended the                                                                     
sponsor for opening the dialog.                                                                                                 
                                                                                                                                
DOUG GARDNER, Director                                                                                                          
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT: Responded to questions as drafter of SB 110.                                                              
                                                                                                                                
SUZANNE LA PIERRE, representing herself                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Offered suggestions on SB 110.                                                                            
                                                                                                                                
QUINLAN STEINER, Public Defender                                                                                                
Public Defender Agency                                                                                                          
Department of Administration (DOA)                                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Raised concerns about the unintended                                                                      
consequences of SB 110.                                                                                                         
                                                                                                                                
DR. REGINA CHENNAULT, representing herself                                                                                      
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Stated support for SB 110.                                                                                
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, AK                                                                                                                      
POSITION STATEMENT: Raised concerns with SB 110.                                                                              
                                                                                                                                
CHRISTINA MOUNCE                                                                                                                
Juneau Chapter, Move to Amend                                                                                                   
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SJR 13.                                                                           
                                                                                                                                
LARRY HURLOCK, representing himself                                                                                             
Juneau, AK                                                                                                                      
POSITION STATEMENT: Testified in support of SJR 13.                                                                           
                                                                                                                                
ROBERT BUSCH, representing himself                                                                                              
                                                                                                                                
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Testified in support of SJR 13.                                                                           
                                                                                                                                
KATE VEH, representing herself                                                                                                  
Kenai, AK                                                                                                                       
POSITION STATEMENT: Stated emphatic support for SJR 13.                                                                       
                                                                                                                                
SCOTT SHAW, representing himself                                                                                                
Soldotna, AK                                                                                                                    
POSITION STATEMENT: Stated support for SJR 13.                                                                                
                                                                                                                                
PATRICK COYAVISTO, representing himself                                                                                         
Kenai, AK                                                                                                                       
POSITION STATEMENT: Stated support for SJR 13.                                                                                
                                                                                                                                
MARK HAYES, Campaign Coordinator                                                                                                
Public Citizen's Democracy is for People                                                                                        
POSITION STATEMENT: Testified in support of SJR 13.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:49 PM                                                                                                                    
CHAIR  HOLLIS   FRENCH  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:31  p.m. Present at the  call to                                                               
order  were Senators  Wielechowski, McGuire  and Senator  French.                                                               
Senator Paskvan arrived soon thereafter.                                                                                        
                                                                                                                                
        SB 195-PROBATION AND PAROLE OFFICERS' CASELOADS                                                                     
                                                                                                                                
1:32:16 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 195.                                                                             
                                                                                                                                
1:32:22 PM                                                                                                                    
SENATOR  MCGUIRE, sponsor  of SB  195, said  the impetus  for the                                                               
bill  was concern  about burgeoning  caseloads for  probation and                                                               
parole officers, and the possibility  of establishing ratios. The                                                               
bill is intended to start a  dialog with the Department of Public                                                               
Safety (DPS) and the Department of Corrections (DOC).                                                                           
                                                                                                                                
SB  195 would  establish in  statute a  maximum of  60 cases  for                                                               
probation and parole officers at  any given time. Parole officers                                                               
in the  Anchorage area  are often responsible  for more  than 100                                                               
cases in prisons, jails, and  community resident centers, leaving                                                               
little  time to  improve the  quality of  the individual  that is                                                               
returned to  civilian life. This  legislation alone  won't reduce                                                               
recidivism, but it  can be part of the solution  along with other                                                               
resources  that provide  evidence-based programing  for offenders                                                               
and training for officers.                                                                                                      
                                                                                                                                
The  PEW  Center  Public Safety  Performance  Project  on  States                                                               
reported that  in FY08 about nine  of every ten dollars  spent on                                                               
corrections  is  devoted to  state  prisons,  although nearly  70                                                               
percent of offenders are supervised  in the community. The issues                                                               
associated  with  large caseloads  include:  an  inability to  do                                                               
field observations or  home visits; an inability  to attend court                                                               
hearings; and high officer turnover rates due to burnout.                                                                       
                                                                                                                                
SENATOR MCGUIRE reported that in  the last five years, four other                                                               
states limited  caseloads by  statute and  three of  those states                                                               
set the limit  of 60 parolees per officer. She  concluded that SB                                                               
195  will  start  a  conversation  about  the  effectiveness  and                                                               
systemic costs of the corrections system in this state.                                                                         
                                                                                                                                
1:39:45 PM                                                                                                                    
RONALD  TAYLOR,  Director,  Division  of  Probation  and  Parole,                                                               
Department  of Corrections  (DOC), stated  that working  with the                                                               
sponsor and the committee will be a proactive opportunity.                                                                      
                                                                                                                                
CHAIR FRENCH asked how he came to be in his current position.                                                                   
                                                                                                                                
MR. TAYLOR related  that he supervised the  Alaska Alcohol Safety                                                               
Action Program (ASAP) for 18  years, and in September transferred                                                               
to DOC  as division  director. He  noted that  he also  served as                                                               
executive director of the Board of Parole for three years.                                                                      
                                                                                                                                
CHAIR FRENCH  asked if  he would  be in charge  of more  than the                                                               
probation and parole officers covered under the bill.                                                                           
                                                                                                                                
MR. TAYLOR replied  he was in charge of the  field and electronic                                                               
monitoring  officers covered  under the  bill, and  the community                                                               
residential centers throughout the state.                                                                                       
                                                                                                                                
CHAIR   FRENCH   asked   about  the   different   categories   of                                                               
probationers.                                                                                                                   
                                                                                                                                
MR.  TAYLOR   explained  that  there  are   three  categories  of                                                               
specialized  field  probation  officer caseloads:  sex  offender,                                                               
enhanced   supervision,   and   mental   health.   The   enhanced                                                               
supervision caseloads include high-risk offenders.                                                                              
                                                                                                                                
1:42:56 PM                                                                                                                    
SENATOR PASKVAN joined the committee.                                                                                           
                                                                                                                                
CHAIR   FRENCH  asked   him  to   describe  the   duties  of   an                                                               
institutional probation officer.                                                                                                
                                                                                                                                
MR. TAYLOR explained that  they develop institutional programing,                                                               
classify offenders  and ensure that the  offender management plan                                                               
will help a person be successful  when he or she is released from                                                               
the  institution   into  the  field.  Responding   to  a  further                                                               
question,  he  said  that  field  officers  definitely  outnumber                                                               
institutional officers, but  he didn't know the ratio.  He was in                                                               
charge of field POs and  the institution directors were in charge                                                               
of institutional POs.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked where presentence report writers fit in.                                                                     
                                                                                                                                
MR.   TAYLOR  explained   that  each   probation  office   has  a                                                               
presentence writer.                                                                                                             
                                                                                                                                
CHAIR FRENCH  asked if  those positions would  be covered  by the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. TAYLOR replied that was part of the dialog.                                                                                 
                                                                                                                                
CHAIR FRENCH asked  Mr. Taylor to discuss what  resources go into                                                               
writing a presentence report, and how it follows an offender.                                                                   
                                                                                                                                
MR. TAYLOR explained that the  presentence report impacts how the                                                               
offender will  be sentenced by  the court  and governs how  he or                                                               
she will be supervised when released into the community.                                                                        
                                                                                                                                
CHAIR  FRENCH  related  that Texas  Representative  Jerry  Madden                                                               
opined that the  vast majority of prisoners fall into  one of two                                                               
categories: "people we're mad at  and people we're afraid of." He                                                               
asked if  the presentence report  writer tries to sort  these two                                                               
categories out.                                                                                                                 
                                                                                                                                
MR.  TAYLOR  answered yes;  the  information  in the  presentence                                                               
report is used to develop a  realistic case plan for a person who                                                               
is  under  institutional  supervision  and  when  he  or  she  is                                                               
released.                                                                                                                       
                                                                                                                                
1:47:43 PM                                                                                                                    
SENATOR PASKVAN asked  how many more probation  officers would be                                                               
needed to accomplish the 60 caseload goal                                                                                       
                                                                                                                                
MR. TAYLOR replied the division was working on an estimate.                                                                     
                                                                                                                                
SENATOR PASKVAN asked  how many POs there were  statewide, and if                                                               
most had caseloads of about 100.                                                                                                
                                                                                                                                
MR.  TAYLOR  offered  to  follow up  with  specific  numbers  for                                                               
institutional POs, electronic monitoring  POs, and field POs. The                                                               
division had  142 individuals assigned  to it, but  that included                                                               
POs, criminal justice technicians and office support staff.                                                                     
                                                                                                                                
1:48:52 PM                                                                                                                    
LINDA GERBER,  Probation Officer  II, Department  of Corrections,                                                               
said she had  worked for DOC for  more than 20 years  in both the                                                               
institution and  field, and had  worked specialized  caseloads in                                                               
mental  health,  sex  offender,  and  substance  abuse.  She  was                                                               
currently  one  of  four  POs  who  work  the  out-of-state  unit                                                               
covering more than  1,050 prisoners. She described  POs as ground                                                               
zero for implementing the plans  for offenders, and observed that                                                               
quality time and sometimes training were in short supply.                                                                       
                                                                                                                                
CHAIR FRENCH  asked what other  tasks she  would focus on  if she                                                               
had fewer probationers to supervise.                                                                                            
                                                                                                                                
MR. GERBER  replied she would  have more  time to work  with each                                                               
prisoner to  ensure successful reintegration. This  would include                                                               
discussions  with   the  local  field  officer   about  available                                                               
resources for housing, jobs, and treatment.                                                                                     
                                                                                                                                
1:53:13 PM                                                                                                                    
WARREN WATERS,  Probation Officer  II, Department  of Corrections                                                               
(DOC), said  he was an  institutional PO,  and had worked  at the                                                               
Anchorage Jail  for the past  six years. His duties  included the                                                               
supervision of  about half  of the 400  offenders that  reside at                                                               
the  community  residential  centers  or  halfway  houses.  These                                                               
offenders  are   a  mixed  bag  of   sentenced  and  un-sentenced                                                               
misdemeanants  and   felons.  They  all  require   some  form  of                                                               
supervision and work,  but the heavy caseloads do  not leave much                                                               
time  per offender.  A caseload  of  100 calculates  to just  4.5                                                               
minutes  per day  for  each offender,  and  that doesn't  include                                                               
administrative time.  That isn't much  time to make  a difference                                                               
when the goal  is to help offenders  successfully reintegrate and                                                               
not recidivate.                                                                                                                 
                                                                                                                                
1:56:01 PM                                                                                                                    
SENATOR  PASKVAN asked  if other  probation officers  had similar                                                               
caseloads.                                                                                                                      
                                                                                                                                
MR. WATERS said yes; the ten  POs at the Anchorage jail supervise                                                               
roughly  900   offenders  at  any   given  time,  and   are  also                                                               
responsible for the offenders at the halfway houses.                                                                            
                                                                                                                                
1:56:55 PM                                                                                                                    
TRAVIS MORRIS,  Probation Officer  II, Department  of Corrections                                                               
(DOC), said he  had been a PO about four  years and was currently                                                               
assigned  to the  Anchorage field  services office.  His caseload                                                               
was  over 100.  He  offered his  belief  that reducing  caseloads                                                               
would  give   POs  the  ability   to  help  an   offender  obtain                                                               
employment,  interact   with  a   counselor  who   was  providing                                                               
treatment, and attend court hearings.  Oftentimes the offender is                                                               
left  to fend  for him  or herself  and that  typically leads  to                                                               
recidivism.  This affects  POs and  translates  to high  turnover                                                               
rates. Burnout is common.                                                                                                       
                                                                                                                                
Although field  work is an  integral part of field  probation, it                                                               
is typically  done in a  reactive state. Reducing caseloads  to a                                                               
manageable    level   will    enhance   community    safety   and                                                               
rehabilitation  of  the  offender.  Long-term  benefits  will  be                                                               
reduced government  spending, higher quality  of life for  the PO                                                               
and  offender, and  a successful,  proactive offender  monitoring                                                               
program.                                                                                                                        
                                                                                                                                
2:02:45 PM                                                                                                                    
LEILA SHEFFIELD, Probation Officer  II, Department of Corrections                                                               
(DOC), said  she was  a field probation  officer assigned  to the                                                               
adult probation  field office  in Bethel.  Her caseload  was 109,                                                               
two-thirds  of  which  lived  in  the  surrounding  villages  and                                                               
reported by phone  and mailed a report each  month. She explained                                                               
that  DOC relies  on Village  Public Safety  Officers (VPSOs)  to                                                               
help  monitor  offenders  residing   in  villages,  but  not  all                                                               
villages are staffed with one.                                                                                                  
                                                                                                                                
She said  her workday is  typically spent on the  phone, although                                                               
offenders who live  in the Bethel area make  office visits. These                                                               
offenders  are  assessed  using  LSI-R  (Level  of  Service  Risk                                                               
Assessment)  tools,  and  this  takes about  1.5  hours.  If  her                                                               
caseload  were smaller,  she would  spend the  extra time  in the                                                               
villages  developing relationships  with treatment  providers and                                                               
the elders. She  described a recent case where  a probationer was                                                               
not successful to  illustrate the stress that POs  are under. She                                                               
described her  broad work  experience with DOC  over the  last 20                                                               
years and stated strong support for SB 195.                                                                                     
                                                                                                                                
2:07:35 PM                                                                                                                    
DONNA WHITE,  representing herself,  Anchorage, AK, said  she was                                                               
the previous  director of  the Division  of Probation  and Parole                                                               
for DOC.  She thanked  the sponsor for  introducing the  bill and                                                               
opening  the  dialog, because  the  higher  the caseload  in  the                                                               
field, the  less proactive  a PO  can be  with the  offender. She                                                               
opined  that  this  was  the  place to  look  if  the  state  was                                                               
concerned  about  recidivism  and interested  in  working  toward                                                               
reentry.  When caseloads  are  over  90, the  PO  is reacting  to                                                               
violations  as opposed  to being  proactive and  identifying what                                                               
may  become a  violation. The  reaction  is typically  to file  a                                                               
violation report  and return the  person to jail, which  does not                                                               
help recidivism  rates. She concluded by  expressing appreciation                                                               
that the Senate was willing to open the discussion.                                                                             
                                                                                                                                
SENATOR PASKVAN  asked what  the caseload trend  was the  last 10                                                               
years and if  it might give an  idea of where it would  be in 3-4                                                               
years.                                                                                                                          
                                                                                                                                
MS.  WHITE related  that in  the 80s  she worked  in Kodiak  as a                                                               
field PO and  had a caseload of about 60.  She speculated that it                                                               
may be between 75 and 90 today,  and without a cap it could reach                                                               
140. She  noted that specialized  caseloads were  already capped,                                                               
causing the non-specialized caseloads  to consistently go higher.                                                               
And the more specialized caseloads,  the fewer probation officers                                                               
to handle  the generic caseloads.  She also pointed out  that the                                                               
type of  offender had changed  significantly since the  80s. They                                                               
are more violent and have less respect for authority.                                                                           
                                                                                                                                
SENATOR PASKVAN  commented that  it sounded  as though  the state                                                               
was  behind the  curve and  that the  trend would  get worse  for                                                               
probation officers.                                                                                                             
                                                                                                                                
MS. WHITE agreed.                                                                                                               
                                                                                                                                
2:13:06 PM                                                                                                                    
CHAIR FRENCH closed  public testimony and remarked  that the cost                                                               
to put more  POs in the field  may be a topic  of conversation in                                                               
the budget subcommittee.                                                                                                        
                                                                                                                                
CHAIR FRENCH held SB 195 in committee.                                                                                          
                                                                                                                                
             SB 110-HUMAN TRAFFICKING/SEX OFFENSES                                                                          
                                                                                                                                
2:13:43 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 110.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI,  sponsor of SB  110, stated that  this bill                                                               
seeks to close a  gap. Under current law, it is  a class A felony                                                               
to compel  someone to  travel to  Alaska for  prostitution, adult                                                               
entertainment, or  forced labor. However,  it is not  a violation                                                               
of  the Human  Trafficking Act  to transport  someone within  the                                                               
state  for the  same  purposes. Because  the  law only  addresses                                                               
human   trafficking   across    state   lines,   it   essentially                                                               
discriminates against  Alaskan residents. The  evidence indicates                                                               
that huge  numbers of  young girls,  Native girls  in particular,                                                               
are being  recruited from  small Alaska  villages to  the state's                                                               
larger urban  areas to become  prostitutes. He noted a  letter in                                                               
the  packets  from  the  chair   of  the  Alaska  Violent  Crimes                                                               
Compensation Board stating  that in the last few  years the board                                                               
had  received 23  claims from  Alaska residents  for compensation                                                               
for trafficking.                                                                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI  provided  some statistics.  One  in  seven                                                               
children will be  runaways before age 18. One  in three teenagers                                                               
on the street will be lured  into prostitution within 48 hours of                                                               
leaving home. Thirty percent of  shelter youths and 70 percent of                                                               
street  youths  are  victims of  commercial  sexual  exploitation                                                               
according to the  American Journal of Public  Health. The average                                                               
age of entry  into prostitution for girls in the  U.S. is age 12-                                                               
14, and it's younger for  boys. Research indicates that there are                                                               
a  disproportionate  number  of  Alaska Native  girls  and  women                                                               
engaged in  prostitution. SB 110 puts  in-state human trafficking                                                               
on par with trafficking across state lines.                                                                                     
                                                                                                                                
2:17:24 PM                                                                                                                    
CHAIR  FRENCH asked  for a  motion to  adopt version  M committee                                                               
substitute (CS).                                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  moved to adopt  CS for SB 110,  labeled 27-                                                               
LS0646\M, as the working document.                                                                                              
                                                                                                                                
CHAIR FRENCH objected for discussion purposes.                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI explained  that  the proposed  CS seeks  to                                                               
address  some of  the concerns  the administration  had with  the                                                               
bill  last  year.  As  a  compromise  the  CS  says  that  to  be                                                               
considered human  trafficking, a  person must  be moved  over 100                                                               
miles within the state. The  penalties were also increased from a                                                               
class A felony  to an unclassified felony.  Another new provision                                                               
makes it a higher penalty if the  victim is under age 18 and four                                                               
years younger  than the trafficker. Specifying  the four-year gap                                                               
in age was to avoid capturing  people in a dating relationship, a                                                               
19 year old and a 17 year old for example.                                                                                      
                                                                                                                                
2:19:46 PM                                                                                                                    
DOUG GARDNER,  Director, Legislative Legal  Services, Legislative                                                               
Affairs Agency, introduced himself.                                                                                             
                                                                                                                                
CHAIR  FRENCH highlighted  the new  provision addressing  the age                                                               
difference in  Section 2. He  said he and the  sponsor understood                                                               
that  as  the  single  most  serious crime,  it  would  be  human                                                               
trafficking in the first degree.                                                                                                
                                                                                                                                
MR. GARDNER offered to make the necessary changes.                                                                              
                                                                                                                                
CHAIR  FRENCH asked  if he  could see  the gist  that a  predator                                                               
relationship   would  be   a  more   serious  offense   than  the                                                               
relationship  that might  be  encompassed by  what  is now  human                                                               
trafficking  in the  first degree  where  someone is  age 19  and                                                               
someone else is age 17.                                                                                                         
                                                                                                                                
MR. GARDNER  replied he understood  what the committee  wanted to                                                               
do.                                                                                                                             
                                                                                                                                
CHAIR FRENCH confirmed that the  committee would wait for the new                                                               
CS before taking any action on the bill.                                                                                        
                                                                                                                                
2:22:24 PM                                                                                                                    
SUZANNE LA PIERRE, private attorney,  Anchorage, AK, said she had                                                               
worked  on the  trafficking issue  for  about two  years and  she                                                               
believed  that  several  points  may  have  gotten  lost  in  the                                                               
discussion. She explained that prosecution  was only one of three                                                               
prongs  for approaching  the trafficking  issue. The  others were                                                               
prevention and protection,  and Alaska laws have  gaping holes in                                                               
those two categories.  For example, neither current  law nor this                                                               
bill provide a  safe harbor for children under age  18 from being                                                               
charged  or  prosecuted  for prostitution.  She  emphasized  that                                                               
Alaska law needed a more  victim oriented approach for situations                                                               
of  forced labor  and commercial  sex, including  a comprehensive                                                               
plan to provide  victim services. She further  suggested that the                                                               
bill  should have  restitution provisions  and provide  a private                                                               
cause  of  action  for  victims  of all  types  of  forced  labor                                                               
trafficking.                                                                                                                    
                                                                                                                                
She highlighted  that there  were both  supply and  demand issues                                                               
regarding  prevention.  She  suggested   cutting  the  demand  by                                                               
expanding the definition  of trafficker to include a  patron in a                                                               
commercial sex  exploitation situation and increasing  the fines.                                                               
Then  put the  money in  a designated  trafficked victims'  fund.                                                               
Also,  patrons   who  have  been  charged   with  commercial  sex                                                               
exploitations  should  be  required   to  attend  an  educational                                                               
program, and they should be  publicly shamed. On the supply side,                                                               
she suggested increasing education  and work opportunities in the                                                               
villages so  individuals would  not be  compelled to  relocate to                                                               
urban areas.                                                                                                                    
                                                                                                                                
MS.  LA  PIERRE  encouraged  the   committee  to  look  at  model                                                               
legislation and work in partnership  with organizations that work                                                               
on this issue.                                                                                                                  
                                                                                                                                
2:27:47 PM                                                                                                                    
QUINLAN  STEINER,   Public  Defender,  Public   Defender  Agency,                                                               
Department of  Administration (DOA), stated that  his comments on                                                               
SB 110 were  a matter of record, but he  wanted to reiterate some                                                               
concerns about  unintended consequences.  SB 110 not  only brings                                                               
the  human trafficking  statute  to an  in-state  issue, it  also                                                               
broadens  the  definition  by including  the  word  "entice."  He                                                               
opined that this was a  different concept than the terms "compel"                                                               
and  "induce" that  were in  current  statute. That  term is  not                                                               
well-defined in  this area  and could  broaden enforcement  to an                                                               
unintended  degree  as  well  as  subject  it  to  constitutional                                                               
challenge, he said.                                                                                                             
                                                                                                                                
CHAIR  FRENCH referred  to  page  1, [lines  12-13]  that says  a                                                               
person  commits the  crime  if  he or  she  "compels, entices  or                                                               
induces" another person.  He pointed out that the  verbs were all                                                               
modified by the second half of  the clause that says those things                                                               
are done  to engage in  sexual conduct in  the state by  force or                                                               
threat  of force  or deception.  He  asked if  that affected  his                                                               
analysis.                                                                                                                       
                                                                                                                                
MR.  STEINER  said the  unintended  consequence  is created  when                                                               
"enticement"  is put  alongside "deception."  Force or  threat of                                                               
force are  clearly wrongful, whereas  deception can cover  a wide                                                               
range  of statements  around  the activity  of  labor and  sexual                                                               
conduct, not all of which is defined in statute.                                                                                
                                                                                                                                
CHAIR  FRENCH pointed  out that  the current  statute makes  it a                                                               
crime to compel or induce someone by deception.                                                                                 
                                                                                                                                
MR.  STEINER  said  inducing  and  compelling  are  the  kind  of                                                               
elements  that would  involve causing  somebody  to do  something                                                               
that  they were  not seeking  to do  or would  not otherwise  do.                                                               
Enticing does not have that  component. It may be somebody asking                                                               
about  the terms  of  doing  X activity,  so  there  would be  an                                                               
exchange of information. That is  a demonstratively different set                                                               
of  circumstances  than  compelling  or  inducing.  Although  the                                                               
difference is subtle, it can have  a profound impact on how these                                                               
cases can be prosecuted.                                                                                                        
                                                                                                                                
MR. STEINER highlighted  the difficulty between Sections  1 and 2                                                               
that was discussed earlier.                                                                                                     
                                                                                                                                
CHAIR FRENCH confirmed that would be fixed.                                                                                     
                                                                                                                                
2:33:16 PM                                                                                                                    
DR.  REGINA  CHENNAULT,   representing  herself,  Anchorage,  AK,                                                               
stated support for SB 110. She  said she was a trauma surgeon and                                                               
the  physician member  of the  Violent Crimes  Compensation Board                                                               
(VCCB), and had  seen young boys and girls and  women from around                                                               
the state  who were enticed,  induced and deceived  with promises                                                               
of a better  life into going with an abductor.  These victims are                                                               
lured in and they end up  in the emergency room with significant,                                                               
lifetime injuries. Once they leave  the ER, they are coerced into                                                               
going back  out on  the street  to sell  drugs and  themselves so                                                               
they can give money to the organizer of the ring.                                                                               
                                                                                                                                
2:35:57 PM                                                                                                                    
ANNE  CARPENETI,  Assistant  Attorney  General  representing  the                                                               
Criminal Division,  Department of  Law (DOL), said  DOL testified                                                               
on this  bill last year  to make  the committee aware  that these                                                               
acts  were prohibited  under the  current promoting  prostitution                                                               
statutes.  Inducing someone  who is  under  age 18  to engage  in                                                               
prostitution is  already an unclassified  felony, and  that crime                                                               
does  not  have  the  additional   element  of  trafficking.  She                                                               
reminded the  committee that  the prosecution  has to  prove each                                                               
element of a crime beyond a reasonable doubt.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked which statute she was referring to.                                                                  
                                                                                                                                
MS. CARPENETI  replied AS 11.66.110 is  promoting prostitution in                                                               
the  first  degree,  and subsection  (a)(2)  prohibits  promoting                                                               
prostitution  if the  victim  is under  age  18. AS  11.66.110(d)                                                               
states that a person convicted  under subsection (a)(2) is guilty                                                               
of an unclassified felony.                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI asked if there was an enticement section.                                                                  
                                                                                                                                
MS.  CARPENETI answered  no; it  includes inducing  or causing  a                                                               
person under  age 18 to  engage in prostitution. Referring  to AS                                                               
11.41.360(a), she  said she  reads "to  compel, induce  or entice                                                               
another person"  to modify the  phrase "coming to the  state" and                                                               
"by threat,  force, or  deception" to modify  once they  are here                                                               
engaging  in sexual  conduct, adult  entertainment or  labor. She                                                               
said that's  why there are two  Acts; they modify conduct  in two                                                               
different ways.                                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI  asked if she  would agree that  the current                                                               
human  trafficking laws  only  address  trafficking across  state                                                               
lines.                                                                                                                          
                                                                                                                                
MS.  CARPENETI said  yes, and  then reminded  the committee  that                                                               
testimony  last year  from Detective  Lacey indicated  that child                                                               
victims  generally were  not  enticed  to go  to  Anchorage by  a                                                               
promoter  of  prostitution.  They  went  to  visit  family,  were                                                               
abandoned for some reason and then became victims.                                                                              
                                                                                                                                
CHAIR FRENCH noted  that the bill packets  contained a PowerPoint                                                               
that Detective Lacey prepared.                                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  there  were  laws on  the  books                                                               
regarding adult entertainment or  compelling someone for labor in                                                               
the state                                                                                                                       
                                                                                                                                
MS. CARPENETI offered to follow up with the specific citations.                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI emphasized  that  SB 110  was much  broader                                                               
than  the   existing  laws  regarding  adult   entertainment  and                                                               
compelling a  person to work across  state lines. He asked  if it                                                               
was accurate  to say that  there is not a  law on the  books that                                                               
deals with those situations in-state.                                                                                           
                                                                                                                                
MS. CARPENETI agreed that was correct.                                                                                          
                                                                                                                                
2:43:04 PM                                                                                                                    
CHAIR  FRENCH  announced  he  would  hold  SB  110  in  committee                                                               
awaiting a new CS.                                                                                                              
                                                                                                                                
           SJR 13-AMEND U.S. CONST RE CAMPAIGN MONEY                                                                        
                                                                                                                                
2:43:31 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SJR 13.                                                                             
                                                                                                                                
SENATOR  BILL WIELECHOWSKI,  sponsor  of SJR  13, introduced  the                                                               
resolution speaking to the following sponsor statement:                                                                         
                                                                                                                                
     Many  Americans recognize  that  the  ability of  large                                                                    
     contributions  from  corporations, wealthy  individuals                                                                    
     and  organizations to  political  candidates harms  the                                                                    
     ability  of  citizens to  have  a  voice in  their  own                                                                    
     government.  Prior   to  the  landmark   United  States                                                                    
     Supreme  Court ruling  in  Citizens  United v.  Federal                                                                    
     Election Commission,  130 S. Ct. 876  (2010), unlimited                                                                    
     independent expenditures  from corporations  and unions                                                                    
     was prohibited.  Now, corporations and unions  can make                                                                    
     unlimited   independent   expenditures  supporting   or                                                                    
     opposing a  candidate for public office.  This directly                                                                    
     goes against the American idea  of one person one vote,                                                                    
     when one corporation can spend more than thousands.                                                                        
                                                                                                                                
     This  decision only  made the  cynicism most  Americans                                                                    
     feel  about politics  stronger.  If people  feel as  if                                                                    
     their vote  does not  matter, then  voter participation                                                                    
     will continue to decline.                                                                                                  
                                                                                                                                
     The massive amount of money  in politics following this                                                                    
     decision is exploding the  expense of campaigns, making                                                                    
     it difficult for  new or unknown candidates  to enter a                                                                    
     race. More  and more,  the money spent  by corporations                                                                    
     and unions is  going to negative attack  ads that often                                                                    
     misinform   voters  rather   than  promote   productive                                                                    
     discussion.  Allowing unlimited  campaign donations  by                                                                    
     corporations and unions takes  the focus for candidates                                                                    
     away from  individual voters to  those whose  money can                                                                    
     afford to sway hundreds of votes.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said there  are only two  ways to  fix this                                                               
problem.  Either the  Supreme Court  reverses itself  or Congress                                                               
amends the  U.S. Constitution.  The first  option is  unlikely at                                                               
this  point. Thus,  SJR 13  urges Congress  and the  President to                                                               
work to amend the constitution  to prohibit corporations, wealthy                                                               
individuals   and  unions   from  making   unlimited  independent                                                               
expenditures in elections.                                                                                                      
                                                                                                                                
CHAIR FRENCH stated that he couldn't agree more.                                                                                
                                                                                                                                
2:46:14 PM                                                                                                                    
CHRISTINA  MOUNCE, representing  the  Juneau chapter  of Move  to                                                               
Amend,   explained   that   the  mission   of   this   nationwide                                                               
organization  was to  amend the  U.S. Constitution  to limit  the                                                               
amount  that  corporations  can spend  in  elections.  After  the                                                               
Citizens United decision  nearly $4 billion was  spent during the                                                               
2010  congressional election,  and  according to  the Center  for                                                               
Responsive Politics, 85 percent of  House seats and 83 percent of                                                               
Senate seats went  to the candidate that spent the  most money in                                                               
that  election cycle.  She said  the playing  field is  no longer                                                               
level but  in passing  the resolution  Alaska would  be asserting                                                               
itself  in  support  of  fair  campaigns  and  representation  of                                                               
average Americans. She  submitted a letter that was  signed by 10                                                               
Juneau  residents  who were  unable  to  attend the  hearing  but                                                               
supported SJR 13.                                                                                                               
                                                                                                                                
2:48:27 PM                                                                                                                    
LARRY HURLOCK,  representing himself,  said he was  testifying to                                                               
highlight the harm that the  Citizens United decision had done to                                                               
investors. He spoke of his  expectations as a shareholder and his                                                               
fear   of   large    bureaucracies   hiding   expenditures   from                                                               
shareholders. Archer  Daniel Midland (ADM), for  example, reports                                                               
aggregated  amounts  for  campaign contributions.  The  political                                                               
activism is  hidden in plain  view, he stated. Although  ADM says                                                               
information   about   its   spending   is   publicly   available,                                                               
shareholders do not  get an itemized accounting.  He concluded by                                                               
stating support for SJR 13.                                                                                                     
                                                                                                                                
2:52:01 PM                                                                                                                    
ROBERT  BUSCH, representing  himself,  stated  that the  Citizens                                                               
United opinion gave  corporate personhood the green  light to use                                                               
money  as speech.  Corporations  now have  the  ability to  spend                                                               
unlimited  amounts  of  money  to  influence  local,  state,  and                                                               
federal  elections. According  to Stephen  Wayne, author  of "The                                                               
Road to the White House 2012,"  94 percent of candidates with the                                                               
most money  were elected to  Congress. The decision  expanded the                                                               
divide between  rich and poor  by adding weight to  the political                                                               
influence that  overwhelmingly favors corporations. It  will make                                                               
it  increasingly  difficult  for  the middle  class  to  maintain                                                               
housing, get  jobs, and deal  with debt. He concluded  by stating                                                               
that SJR 13 was a good vehicle  to inform the public and those in                                                               
Washington D.C.                                                                                                                 
                                                                                                                                
2:55:05 PM                                                                                                                    
KATE  VEH,  representing  herself,  Kenai,  AK,  stated  emphatic                                                               
support  for  SJR 13.  She  asserted  that  her voice  was  being                                                               
drowned  out  by  corporations, unions,  and  enormously  wealthy                                                               
individuals  who   were  donating   vast  amounts  of   money  to                                                               
politicians. She maintained that this  was corruption. As a proud                                                               
American she said she wanted  three things: political leaders who                                                               
listen, political  leaders who can  manage money  without relying                                                               
on global  corporations, and a  government that Americans  can be                                                               
proud of.                                                                                                                       
                                                                                                                                
SCOTT SHAW,  representing himself,  Soldotna, AK,  stated support                                                               
for  SJR 13.  "We all  believe  corporations and  unions are  not                                                               
people and money is not  speech." This notion has huge grassroots                                                               
support, he stated.                                                                                                             
                                                                                                                                
PATRICK  COYAVISTO,  representing   himself,  Kenai,  AK,  stated                                                               
support  for  SJR  13.  He  agreed with  a  recent  statement  by                                                               
Representative  Les Gara  that politicians  should be  elected on                                                               
their  ideas, not  the size  of  their own  or their  supporters'                                                               
pocketbooks. He maintained that  more people would participate in                                                               
politics if corporations weren't so heavily involved.                                                                           
                                                                                                                                
3:00:18 PM                                                                                                                    
MARK HAYES,  campaign coordinator,  Public Citizens  Democracy is                                                               
for People,  said this  organization is  working to  build public                                                               
support for  a constitutional amendment to  overturn the Citizens                                                               
United decision and challenge corporate  power in this democracy.                                                               
Taking the  step to  amend the  constitution is  timely, relevant                                                               
and  impactful.  Independent  expenditures by  special  interests                                                               
have  skyrocketed  since  the  Supreme Court  ruling,  so  it  is                                                               
timely.  It  is  taking  away the  state's  ability  to  regulate                                                               
campaign spending, so  it is relevant. With regard  to impact, he                                                               
said  that taking  action on  this resolution  is a  way to  show                                                               
concrete   political   support  at   the   state   level  for   a                                                               
constitutional amendment.  Congress is  starting to move  in this                                                               
direction, but without state support it won't go anywhere.                                                                      
                                                                                                                                
CHAIR FRENCH closed public testimony on SJR 13.                                                                                 
                                                                                                                                
3:04:24 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to report SJR 13  from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR FRENCH announced that without  objection, SJR 13 moved from                                                               
the Senate Judiciary Standing Committee.                                                                                        
                                                                                                                                
3:04:50 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 3:04 p.m.                                                                                 

Document Name Date/Time Subjects
SB 195.PDF SJUD 2/17/2012 1:30:00 PM
SB 195
SB 195-Sponsor statement.pdf SJUD 2/17/2012 1:30:00 PM
SB 195
SB 195 backup NCSL.PDF SJUD 2/17/2012 1:30:00 PM
SB 195
SB 195 backup -ADN articles.pdf SJUD 2/17/2012 1:30:00 PM
SB 195
SB 195 letter of support.pdf SJUD 2/17/2012 1:30:00 PM
SB 195
SJR 13 Ver.M.pdf SJUD 2/17/2012 1:30:00 PM
SJR 13
SJR13 Sponsor statement.pdf SJUD 2/17/2012 1:30:00 PM
SJR 13
SJR13 ADN Editorial.pdf SJUD 2/17/2012 1:30:00 PM
SJR 13
SJR13 Center for Responsive Politics article.pdf SJUD 2/17/2012 1:30:00 PM
SJR 13
SB110 Version M (1).pdf SJUD 2/17/2012 1:30:00 PM
SB 110
SB110.APOA Letter of Support.pdf SJUD 2/17/2012 1:30:00 PM
SB 110
SB110.Support Ltr.Violent Crimes Compensation Board.pdf SJUD 2/17/2012 1:30:00 PM
SB 110