Legislature(2019 - 2020)BELTZ 105 (TSBldg)

02/09/2019 01:00 PM JUDICIARY

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12:59:25 PM Start
12:59:53 PM SB32
03:40:07 PM Adjourn
* first hearing in first committee of referral
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+= SB 32 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
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                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                        February 9, 2019                                                                                        
                           12:59 p.m.                                                                                           
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Sharon Jackson                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 32                                                                                                              
"An  Act relating  to  criminal  law  and procedure;  relating  to                                                              
controlled   substances;  relating   to  probation;  relating   to                                                              
sentencing;  relating   to  reports  of  involuntary   commitment;                                                              
amending  Rule   6,  Alaska  Rules  of  Criminal   Procedure;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 32                                                                                                                   
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       JUD, FIN                                                                                               
02/06/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/06/19       (S)       Heard & Held                                                                                           
02/06/19       (S)       MINUTE(JUD)                                                                                            
02/08/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/19       (S)       Heard & Held                                                                                           
02/08/19       (S)       MINUTE(JUD)                                                                                            
02/09/19       (S)       JUD AT 1:00 PM BELTZ 105 (TSBldg)                                                                      
BILL: SB 32                                                                                                                   
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       JUD, FIN                                                                                               
02/06/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/06/19       (S)       Heard & Held                                                                                           
02/06/19       (S)       MINUTE(JUD)                                                                                            
02/08/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/08/19       (S)       Heard & Held                                                                                           
02/08/19       (S)       MINUTE(JUD)                                                                                            
02/09/19       (S)       JUD AT 1:00 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DON ROBERTS JR., representing himself                                                                                           
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Urged members to review Section 49 of SB 32.                                                              
                                                                                                                                
CARY CARRIGAN, Executive Director                                                                                               
Alaska Marijuana Industry Association                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Expressed concern that SB 32 may adversely                                                                
affect legal marijuana businesses.                                                                                              
                                                                                                                                
SHANTA BULLOCK, representing herself                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Expressed concern about the penalties for                                                                 
first-time unclassified felons in SB 32.                                                                                        
                                                                                                                                
KAREN LOWRY, Co-Owner                                                                                                           
Alaskan Bloom                                                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Expressed concern about Section 32 of SB 32,                                                              
which may adversely affect legal marijuana businesses.                                                                          
                                                                                                                                
JAKE WARDEN, Chief Executive Officer                                                                                            
AlaskaSense; General Manager                                                                                                    
CanAbaska                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Agreed with Cary Carrigan's testimony on SB                                                               
32.                                                                                                                             
                                                                                                                                
MARK WEAVER, representing himself                                                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Raised question about SB 32.                                                                              
                                                                                                                                
TERRIA BANBENHUERK, representing herself                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the  hearing on  SB 32, suggested  the                                                            
committee  listen  to people  with  experience  in the  system  to                                                              
understand what works to reduce recidivism.                                                                                     
                                                                                                                                
PATRICIA PATTERSON, representing herself                                                                                        
Kenai, Alaska                                                                                                                   
POSITION   STATEMENT:  Expressed   concern   that   SB  32   would                                                            
criminalize possession of marijuana obtained legally.                                                                           
                                                                                                                                
JANET KINCAID, representing herself                                                                                             
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:  During  the  hearing  on  SB  32,  expressed                                                            
concern  that  Senate Bill  91  was  not  given adequate  time  or                                                              
funding to work.                                                                                                                
                                                                                                                                
MICHAEL BERGER, representing himself                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Supported treatment for prisoners  during the                                                            
hearing on SB 32.                                                                                                               
                                                                                                                                
SHARON CISSNA, representing herself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified that SB 32 is  focused primarily on                                                            
negative aspects.                                                                                                               
                                                                                                                                
SID ATWOOD, representing self                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  Advocated  for drug  and  alcohol  treatment                                                            
programs and expressed  concerns about increased  incarceration as                                                              
a means to reduce crime during the hearing on SB 32.                                                                            
                                                                                                                                
MARY GEDDES, representing herself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  As  someone   who  worked  in  the  criminal                                                            
justice system  for 35  years, expressed  concern about  increased                                                              
sentences,  the  lack  of  non-incarceration  sanctions,  and  the                                                              
fiscal impacts of SB 32.                                                                                                        
                                                                                                                                
ROBIN CARVALHO, representing herself                                                                                            
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT:  Advocated  for limited  license  option  and                                                            
treatment for underlying  mental health issues during  the hearing                                                              
on SB 32.                                                                                                                       
                                                                                                                                
JOE SCHLANGER, representing himself                                                                                             
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT: Expressed  concern about  the risk of  sexual                                                            
abuse  of minors  in  schools,  advocated  for a  20-year  minimum                                                              
sentence  for  pedophiles,  enhanced reporting,  and  emphasis  on                                                              
victims and not criminals during the hearing on SB 32.                                                                          
                                                                                                                                
NICK BROCKETT, representing himself                                                                                             
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  During the discussion  of SB 32,  stated that                                                            
crime occurs  because it is  tolerated and advocated  for stronger                                                              
penalty provisions.                                                                                                             
                                                                                                                                
JESSE SUMMER, representing himself                                                                                              
Wasilla, Alaska                                                                                                                 
POSITION  STATEMENT: During  the  discussion of  SB 32,  expressed                                                            
concern  about  the  high  incidence of  theft,  and  the  adverse                                                              
impact Senate Bill 91 had on law enforcement.                                                                                   
                                                                                                                                
EDIE GRUNWALD, representing herself                                                                                             
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Supported electronic monitoring,  urged focus                                                            
on victims,  and expressed  concern that Sections  30, 31,  and 33                                                              
reduced penalties  for drug  possession during  the hearing  on SB                                                              
32.                                                                                                                             
                                                                                                                                
ERIK REED, representing himself                                                                                                 
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support  of SB 32.  He expressed                                                            
concern that  the convicted  felon of a  DUI that resulted  in his                                                              
wife's  death is  on electronic  monitoring. He  urged members  to                                                              
focus on justice for victims.                                                                                                   
                                                                                                                                
CLIFFORD SMITH, Owner/Operator                                                                                                  
VIP Alaska                                                                                                                      
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:  During  the  hearing  on  SB  32,  suggested                                                            
adding  penalties  for  failure   by  an  offender  to  charge  or                                                              
recharge  the  electronic  monitoring   equipment,  and  expressed                                                              
concern that  Sections 45 and 46  cap the cost of  imprisonment at                                                              
private facilities at $2,000.                                                                                                   
                                                                                                                                
VERNON SMITH, Kenai Peninsula AMIA                                                                                              
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT: Expressed  concern that  SB 32 may  adversely                                                            
affect legal marijuana businesses.                                                                                              
                                                                                                                                
RYAN TUNSETH, Owner                                                                                                             
East Rip                                                                                                                        
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:  Echoed concerns  that  SB 32  may  adversely                                                            
impact the  legal marijuana  industry. He  urged the committee  to                                                              
strategically review  Senate Bill 91  since going to  a pre-Senate                                                              
Bill 91 will not fix the problems.                                                                                              
                                                                                                                                
CHRIS EICHENLAUB, representing himself                                                                                          
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:  Offered  general   support  for  SB  32  and                                                            
expressed  concern  about  that  the  public  bears  the  cost  of                                                              
increased crime.  He urged the committee  to focus on  victims and                                                              
strengthen  crimes,  that adding  more  law enforcement  will  not                                                              
reduce crime.                                                                                                                   
                                                                                                                                
LYNETTE CLARK, Chairman                                                                                                         
Alaska Independent Party                                                                                                        
Fox, Alaska                                                                                                                     
POSITION STATEMENT:  Testified in opposition to SB  32, expressing                                                            
concern  that  repealing  Senate  Bill 91  has  become  a  mantra.                                                              
Although some  provisions in  Senate Bill  91 created  a revolving                                                              
door for criminals, that SB 32 is a mistake.                                                                                    
                                                                                                                                
CODY COMAN, representing himself                                                                                                
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Echoed Mr. Carrigan's testimony  and concerns                                                            
that SB 32 may adversely affect the legal marijuana industry.                                                                   
                                                                                                                                
TIM KELLY, representing himself                                                                                                 
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SB 32  due to concern                                                            
about recidivism  rates. He advocated for  incarcerating long-term                                                              
felons out of state  to save money, and to increase  penalties for                                                              
DUIs, that Alaska is soft on crime.                                                                                             
                                                                                                                                
AARON COMAN, representing himself                                                                                               
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT: Echoed  Mr.  Carrigan's concerns  that SB  32                                                            
would adversely affect the legal cannabis industry.                                                                             
                                                                                                                                
RODGER BRANSON, representing self                                                                                               
Eagle River, Alaska                                                                                                             
POSITION  STATEMENT:  During  the  hearing  on  SB  32,  expressed                                                            
concern  about an  "us  against them"  attitude  and advised  that                                                              
peer recovery  can be a  huge asset to the  state and a  means for                                                              
those in recovery to give back to others.                                                                                       
                                                                                                                                
JESSICA SPURRIER, representing herself                                                                                          
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  During  the   discussion  of  SB  32,  urged                                                            
members  to   support  criminal   justice  reform  that   promotes                                                              
rehabilitation and  advocated for increased supervision  to reduce                                                              
crime  and   increase  public  safety,   and  not   just  increase                                                              
incarceration.                                                                                                                  
                                                                                                                                
MICHAEL VANLINDEN, representing himself                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  As  a  graduate  of  the  therapeutic  court                                                            
program, advocated  for treatment  and limited licenses  provision                                                              
in  Senate  Bill  91  and  expressed   concern  that  it  will  be                                                              
dismantled in SB 32.                                                                                                            
                                                                                                                                
WILLIAM J. MUSSER, representing himself                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  During  the  hearing  on  SB  32,  spoke  in                                                            
support of treatment and how it helped him.                                                                                     
                                                                                                                                
BRIAN ENDEL, representing himself                                                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of SB  32, but suggested                                                            
the committee  incorporate the good  parts of Senate Bill  91 into                                                              
SB 32.                                                                                                                          
                                                                                                                                
VICKI WALLNER, Member                                                                                                           
Stop Valley Thieves                                                                                                             
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT: Testified  in support  of SB  32, noting  the                                                            
system was  broken before Senate Bill  91, that the bill  had some                                                              
good provisions,  but it went too  far, that it eroded  the public                                                              
trust, and sent the wrong message to criminals.                                                                                 
                                                                                                                                
MIKE COONS, President                                                                                                           
Greater Alaskan Chapter of Alaska  Association of Mature Citizens                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support  of SB 32  since changes                                                            
to drug possession  can help prosecute drug dealers.  He advocated                                                              
that  pedophiles   and  rapists   should  be  sentenced   to  life                                                              
imprisonment with  no parole and "hard time"  should be instituted                                                              
for prisoners.                                                                                                                  
                                                                                                                                
TRIADA STAMPAS, Policy Director                                                                                                 
American Civil Liberties Union of Alaska                                                                                        
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT: Testified  in opposition  to SB  32 since  it                                                            
promotes  a return  to  policies that  failed  to stem  increasing                                                              
crime  and recidivism  rates,  stating  Alaska's  crime rates  are                                                              
more  fairly  attributed   to  the  state's   struggling  economy,                                                              
insufficient  availability of  mental health  and substance  abuse                                                              
disorder treatments and a raging opioid epidemic.                                                                               
                                                                                                                                
KARA NELSON, representing herself                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testifying as  someone in long-term  recovery                                                            
from   substance  abuse   disorder  and   mental  health   issues,                                                              
advocated for  the need for  restorative justice  practices during                                                              
the discussion of SB 32.                                                                                                        
                                                                                                                                
ROBIN MITCHELL, representing herself                                                                                            
Chugiak, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support  of SB 32  and expressed                                                            
concern that the courts are a revolving door for criminals.                                                                     
                                                                                                                                
CHERYL BOWIE, representing herself                                                                                              
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:  Testified  in  opposition  to  SB  32  since                                                            
increased  incarceration  does not  reduce  crimes. She  advocated                                                              
that law  enforcement focus  on violent  crimes, property  crimes,                                                              
sexual  assault, and  white-collar crimes.  She expressed  concern                                                              
that offenders who  served their time and are  released are locked                                                              
out of access to jobs and pain medication.                                                                                      
                                                                                                                                
ROBERT DORTON, representing himself                                                                                             
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT: Testified  as a  rehabilitated offender  that                                                            
treatment works but  longer sentences do not. He  said that Senate                                                              
Bill 91 worked for  him and needs more time to  work. He advocated                                                              
for treatment  and means for  prisoners to  pay their way  back to                                                              
society.                                                                                                                        
                                                                                                                                
JAMIE DONLEY, representing herself                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support  of SB 32,  stating that                                                            
prisoners  get   help  while   incarcerated,  which   allows  them                                                              
opportunities to become productive members of society.                                                                          
                                                                                                                                
ELIZABETH WILLIAMS                                                                                                              
No More Free Passes                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in partial  support of SB  32 since                                                            
the bill  will increase  penalties for  assault and other  violent                                                              
crimes but  spoke against making  simple drug possession  a felony                                                              
and treating violent and non-violent crimes the same.                                                                           
                                                                                                                                
VICKI JOE KENNEDY, representing herself                                                                                         
Kodiak, Alaska                                                                                                                  
POSITION  STATEMENT: During  the  discussion of  SB 32,  expressed                                                            
concern  about the  penalty for  disorderly conduct  since it  may                                                              
adversely  affect activists,  and  stated  that cannabidiol  (CBD)                                                              
can help with the opioid crisis.                                                                                                
                                                                                                                                
LYNDA WATTS, representing herself                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:  As  a  convicted   felon  and  rehabilitated                                                            
prisoner, advocated  for treatment and  urged members to  pick out                                                              
the best parts  of Senate Bill 91  and SB 32 since  not everything                                                              
about Senate Bill 91 was bad.                                                                                                   
                                                                                                                                
RICK IANNOLINO, Retired                                                                                                         
FASD Diagnostic Clinic                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to SB  32, suggesting                                                            
the   state  should   consider   Norway's   system  with   shorter                                                              
sentencing, more treatment, and a very low recidivism rate.                                                                     
                                                                                                                                
SOL NEELY, representing himself                                                                                                 
Ph.D., Professor                                                                                                                
University of Alaska Southeast                                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in opposition to SB  32, advocating                                                            
for other  models like circle  sentencing and restorative  justice                                                              
that make  victims central  to justice  reform, and for  treatment                                                              
and not incarceration.                                                                                                          
                                                                                                                                
MORGAN EVENSEN, representing self                                                                                               
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in support of SB  32, and advocated                                                            
for  stronger consequences  for crimes  like murder  and drugs  to                                                              
help keep our communities safe.                                                                                                 
                                                                                                                                
SHERRY HASSELL, representing herself                                                                                            
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support  of SB 32 and  to repeal                                                            
Senate Bill 91.                                                                                                                 
                                                                                                                                
ANNETTE PANKOSKI, representing herself                                                                                          
Realtor                                                                                                                         
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:  Urged  members  to repeal  Senate  Bill  91,                                                            
which removed  consequences that  serve as  a deterrent  to crime,                                                              
during the hearing on SB 32.                                                                                                    
                                                                                                                                
JENNIFER HOWELL, representing herself                                                                                           
Sterling, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support  of SB 32  and repealing                                                            
Senate Bill 91 due to increased crime.                                                                                          
                                                                                                                                
KACI SCHROEDER, Assistant Attorney General                                                                                      
Central Office, Criminal Division                                                                                               
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the  discussion of                                                            
SB 32.                                                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
12:59:25 PM                                                                                                                   
                                                                                                                                
CHAIR  SHELLEY   HUGHES  called  the  Senate   Judiciary  Standing                                                            
Committee meeting  to order at 12:59  p.m. Present at the  call to                                                              
order were Senators Reinbold, Kiehl, Micciche and Chair Hughes.                                                                 
                                                                                                                                
        SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                     
                                                                                                                                
                                                                                                                                
12:59:53 PM                                                                                                                   
CHAIR HUGHES  announced that the  only order of business  would be                                                              
SENATE  BILL  NO.  32,  "An  Act  relating  to  criminal  law  and                                                              
procedure;   relating  to  controlled   substances;  relating   to                                                              
probation;  relating   to  sentencing;  relating  to   reports  of                                                              
involuntary  commitment;   amending  Rule   6,  Alaska   Rules  of                                                              
Criminal Procedure; and providing for an effective date."                                                                       
                                                                                                                                
1:00:10 PM                                                                                                                    
CHAIR  HUGHES  reviewed the  work  the  committee did  during  its                                                              
initial hearings. She  reported that it has come  to her attention                                                              
that she  may have  a conflict  of interest  under the  new ethics                                                              
laws.                                                                                                                           
                                                                                                                                
1:00:59 PM                                                                                                                    
CHAIR HUGHES  opened public  testimony on SB  32. She  stated that                                                              
written   testimony   is  welcome   and   can  be   submitted   to                                                              
senate.judiciary@akleg.gov.                                                                                                     
                                                                                                                                
1:01:39 PM                                                                                                                    
SENATOR MICCICHE said  that as the next committee  of referral the                                                              
Senate  Finance Standing  Committee will  hear the  bill and  will                                                              
take amendments.                                                                                                                
                                                                                                                                
1:02:24 PM                                                                                                                    
DON ROBERTS  JR., representing himself,  Kodiak, said he  has been                                                              
an Alaska resident  for over 20 years. He expressed  concern about                                                              
Section  49  of  SB 32  related  to  involuntary  commitments.  He                                                              
related  a scenario,  such that  someone who  opted for  voluntary                                                              
commitment and  was transferred  to Anchorage would  automatically                                                              
be  switched administratively  to  involuntary commitment  because                                                              
it is administratively  inconvenient for them to  do otherwise. He                                                              
urged  the committee  to  review these  procedures  because it  is                                                              
easy for people  to obtain an involuntary commitment.  Although he                                                              
said he was not  subject to involuntary commitment,  he said he is                                                              
speaking  from   his  own   personal  experience.  The   practices                                                              
surrounding  involuntary  commitment   lead  to  a  lot  of  legal                                                              
issues, including  that the  person committed  cannot possess  any                                                              
firearms, he  said. He  cautioned that  any report generated  from                                                              
the system does not give an accurate view.                                                                                      
                                                                                                                                
1:05:37 PM                                                                                                                    
CARY  CARRIGAN,  Executive  Director,  Alaska  Marijuana  Industry                                                              
Association,   Anchorage,  expressed  concern   that  SB   32  may                                                              
adversely   affect   legal   marijuana/cannabis   businesses.   He                                                              
referred  to page  20, line  5 of  SB  32, to  the provision  that                                                              
specifies 25 plants  of the genus cannabis is  a criminal offense,                                                              
but it does not  provide an opt out provision  for legal marijuana                                                              
businesses.   He   pointed   to   the   beneficial   aspects   and                                                              
contributions   of   the  marijuana   industry,   including   that                                                              
businesses  pay  state taxes  and  meet  all of  the  requirements                                                              
established by law.  He said that the language in  SB 32 should be                                                              
crystal  clear  and  recognize the  legal  marijuana  industry  is                                                              
operating well within statutory and regulatory parameters.                                                                      
                                                                                                                                
He expressed  concern that the  language "genus cannabis"  is very                                                              
broad and  will capture  marijuana and  hemp. He  said that  it is                                                              
important  to identify  the  Chair  Hughes' specific  conflict  of                                                              
interest  for  the  record  to   achieve  total  transparency.  He                                                              
offered  that he  does  not question  her  integrity  in any  way.                                                              
However, he  related his understanding  that the  Senate Judiciary                                                              
Standing  Committee  will  not  make any  amendments  due  to  the                                                              
chair's  potential conflict  of  interest. He  said  he hoped  the                                                              
legislature  will properly  address SB  32 to  ensure it works  in                                                              
favor of  the legalized  cannabis industry  and the emerging  hemp                                                              
industry.                                                                                                                       
                                                                                                                                
1:07:56 PM                                                                                                                    
SENATOR MICCICHE  advised members  that he specifically  asked for                                                              
guidance  on  the  legal  marijuana  industry  yesterday  and  the                                                              
Department of  Law's response  is that this  bill does  not relate                                                              
to  the legal  cannabis  trade or  licensees  associated with  the                                                              
legal  marijuana  industry.  It  is  specific  to  illegal  "black                                                              
market"  operations,  he  said.  He suggested  that  Mr.  Carrigan                                                              
contact his  office since  he can  provide the specific  responses                                                              
to confirm this.                                                                                                                
                                                                                                                                
1:08:24 PM                                                                                                                    
SHANTA  BULLOCK,  representing  herself,  Anchorage,  offered  her                                                              
belief  that a  first-time  offender  of an  unclassified  offense                                                              
should  be eligible  for  "good  time" and  discretionary  parole,                                                              
especially  if the  person  has been  in prison  for  a long  time                                                              
without having any trouble.                                                                                                     
                                                                                                                                
She turned to the  sex offender registry. She said  that the state                                                              
needs  to review  its registry  since it  is unconstitutional  and                                                              
keeps people  from obtaining housing  and jobs. She  reported that                                                              
Michigan  passed  a  law  recently that  found  the  sex  offender                                                              
registry  to  be  unconstitutional.  She  said that  she  did  not                                                              
understand  why a polygraph  would be  part of anyone's  probation                                                              
since these  tests have  been proven many  times to  be unreliable                                                              
and  cannot be  used  in a  court  of law.  In  response to  Chair                                                              
Hughes,   she   confirmed   that  she   thinks   that   first-time                                                              
unclassified felons  should be  eligible for discretionary  parole                                                              
and "good time."                                                                                                                
                                                                                                                                
1:11:29 PM                                                                                                                    
KAREN LOWRY,  Co-Owner, Alaskan  Bloom, said  she is the  co-owner                                                              
of a cannabis  business. She expressed concern that  Section 32 of                                                              
SB 32  specifies possession of 25  or more genus  cannabis plants,                                                              
or three  or more grams  of marijuana would  constitute a  class C                                                              
felony.  She said  she  would like  the  legislature  to create  a                                                              
carve-out for legal  marijuana businesses operating  in compliance                                                              
under AS  17.38. She  expressed concern  that the legal  marijuana                                                              
businesses will be adversely affected by this bill.                                                                             
                                                                                                                                
1:12:57 PM                                                                                                                    
JAKE  WARDEN,   Chief  Executive  Officer,   AlaskaSense;  General                                                              
Manager,  CanAbaska,   Anchorage,  offered  his  support   of  the                                                              
marijuana   industry.  He   also  agreed   with  Cary   Carrigan's                                                              
testimony.  He thanked  the legislature  for its  support to  help                                                              
the industry grow and change for Alaska and the U.S.                                                                            
                                                                                                                                
1:13:48 PM                                                                                                                    
MARK  WEAVER,   representing  himself,   Anchorage,  stated   that                                                              
penalties for  felony drug  possession should  relate to  the type                                                              
of  drug instead  of the  amount in  possession. He  said that  he                                                              
works in  recovery services and  has observed that  tagging people                                                              
with  felonies   for  first-time  possession  sets   them  up  for                                                              
lifelong  problems  and  prevents   them  from  getting  jobs.  He                                                              
expressed concern  about the projected increase in  the Department                                                              
of  Correction's  (DOC)  budget.  He acknowledged  that  the  drug                                                              
epidemic  is driving  crime up,  but  he also  cautioned that  the                                                              
state cannot  incarcerate itself  out of it. Additional  treatment                                                              
options and  facilities are available  outside Alaska, but  he has                                                              
not  seen any  substance use  disorder  treatment programs  within                                                              
the  department. He  disagreed with  removing  some provisions  of                                                              
Senate  Bill  91.  Recently, figures  were  released  that  showed                                                              
recidivism rates  are down  to 61 percent.  He agreed  that Senate                                                              
Bill  91  is  not  perfect,  but  its  goal  was  to  address  the                                                              
underlying   issues  for  crime.   He  would   like  to   see  the                                                              
legislature  provide  services to  correct  the problems  and  not                                                              
just warehouse  people who have  mental health or  substance abuse                                                              
disorders.   He    expressed   concern   about    increasing   the                                                              
department's budget  without having better outcomes  for those who                                                              
are incarcerated.                                                                                                               
                                                                                                                                
1:17:10 PM                                                                                                                    
TERRIA  BANBENHUERK,  representing herself,  Anchorage,  suggested                                                              
the committee  listen to people  with experience in the  system to                                                              
understand  what works to  reduce recidivism.  She also  testified                                                              
on sentencing  and increasing the  penalties for drug  offenses to                                                              
felonies. She  said she supports  reform and the goal  and purpose                                                              
of   Senate   Bill   91.  Although   she   has   previously   been                                                              
incarcerated,  she also  has seen  the  victim's perspective.  She                                                              
said that her  son was brutally  murdered in June 2015  in a drug-                                                              
related  incident, prior  to passage  of Senate  Bill 91.  The man                                                              
who killed  her son  had been part  of the system  since he  was a                                                              
child.  As prior  testimony stated,  correctional facilities  lack                                                              
services, she said.  For example, recent changes  closed the faith                                                              
pod   and   moved   male  inmates   to   another   facility.   She                                                              
characterized  the TLC  program  as the  most successful  program;                                                              
however,  it  is   no  longer  offered  at  the   Hiland  Mountain                                                              
facility.  She said  that  she would  like  to see  more focus  on                                                              
restorative  justice practices  to  ensure  people get  treatment,                                                              
and   on   underlying   issues   related   to   crime,   including                                                              
homelessness,  addiction,  and  trauma.  She does  not  trust  the                                                              
system to  help the offender who  murdered her son, but  she would                                                              
like to  see him rehabilitated.  She said  that he does  not trust                                                              
the system,  so she  has taken it  upon herself  to help  him. She                                                              
encouraged  the committee  to include testimony  from people  with                                                              
experience in the  system. These people understand  the system and                                                              
could  help identify  what  works best  to  reduce recidivism  and                                                              
increase public safety.                                                                                                         
                                                                                                                                
1:20:30 PM                                                                                                                    
CHAIR   HUGHES    stated   people   can   submit    testimony   to                                                              
senate.judiciary@akleg.gov.                                                                                                     
                                                                                                                                
1:20:36 PM                                                                                                                    
PATRICIA PATTERSON,  representing herself, Kenai, stated  that the                                                              
legislature   has  already   indicated  it   will  protect   legal                                                              
marijuana  businesses and  legal transporters.  However, AS  17.38                                                              
gives  legal  marijuana  licensees  the ability  to  possess  more                                                              
marijuana  than  the restrictions  imposed  in  SB 32.  She  asked                                                              
members  to protect  those who  legally  transport marijuana.  She                                                              
referred to  proposed [Sec. 32,  AS 11.70.040 (a)(3)(i)] of  SB 32                                                              
which read "? three  grams or more containing a  scheduled IIIA or                                                              
IVA  controlled   substance?.  She  said  that   "IIIA  controlled                                                              
substance"  relates  to marijuana.  She  interprets  this to  mean                                                              
that a person could  grow six plants but could  only possess three                                                              
grams, she said.  She suggested that these provisions  may make it                                                              
confusing, since  this law  says one thing,  but another  law says                                                              
something else.  She asked for further clarification  on marijuana                                                              
laws and  how it affects  possession within  or outside  one's own                                                              
home.                                                                                                                           
                                                                                                                                
1:23:34 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
1:24:37 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
1:25:11 PM                                                                                                                    
JANET KINCAID,  representing herself,  Palmer, said she  hoped the                                                              
committee will not  "throw out the baby with the  bath water." She                                                              
expressed  concern that  Senate  Bill 91  was  not given  adequate                                                              
time or  funding to  work. She said  that Senate  Bill 91  was not                                                              
fully funded. She  said, "We can't build enough jails.  We need to                                                              
help the people  better there. We need to give them  hope. We need                                                              
to give them a  village, and get out of this  system, and get back                                                              
on the  road of bring  healthy, taxpaying  people that  have their                                                              
lives together."                                                                                                                
                                                                                                                                
1:26:35 PM                                                                                                                    
MICHAEL BERGER,  representing himself,  Anchorage, stated  that he                                                              
is a  long-time convicted  felon who  has undergone treatment  and                                                              
is  a  recovering  addict.  He urged  members  to  keep  treatment                                                              
options  alive in  sentencing  and not  to  label first-time  drug                                                              
offenders as  felons. He shared that  he did not make  any headway                                                              
until  he received  treatment  at  AKEELA, [Inc.,  which  provides                                                              
behavioral  health programs].  He acknowledged  that treatment  is                                                              
not perfect,  but it  can help  people change  how they  think and                                                              
put "right before  wrong." He said that before  treatment he stole                                                              
every  day to  get money  for drugs.  At the  time it  was all  he                                                              
thought about,  he said. Without  restructuring a person's  way of                                                              
thinking,  it is not  possible for  them to  get better.  He urged                                                              
members  to ensure  that the  state has  continuity in  addressing                                                              
issues and in sentencing.                                                                                                       
                                                                                                                                
1:28:19 PM                                                                                                                    
CHAIR  HUGHES   recognized  that  Representative   Sharon  Jackson                                                              
joined the meeting.                                                                                                             
                                                                                                                                
1:28:37 PM                                                                                                                    
SHARON  CISSNA,  representing  herself,  Anchorage,  testified  in                                                              
opposition  to  SB 32.  She  said  she  has  a college  degree  in                                                              
sociology  and has worked  primarily with  children whose  parents                                                              
were incarcerated.  She  said she  has a small  business,  but she                                                              
has also  worked with the legislature  for over 20 years.  In over                                                              
50 years  of living in Alaska,  she has seen most  legislative and                                                              
local effort  focused on criminal  and criminal-related  work. She                                                              
said that SB 32 is primarily focused on the negative aspects.                                                                   
                                                                                                                                
CHAIR HUGHES asked her to submit written comments.                                                                              
                                                                                                                                
1:33:05 PM                                                                                                                    
SID ATWOOD, representing  himself, Anchorage, thanked  members for                                                              
the  opportunity to  testify. He  said that  Alaska cannot  arrest                                                              
its way out  of the drug problem  and the U.S. was not  able to do                                                              
so with its  war on drugs.  The U.S. has more  people incarcerated                                                              
than anywhere in the world.                                                                                                     
                                                                                                                                
MR. ATWOOD  said he has been  sober for 42 years,  that punishment                                                              
never  helped  him, but  the  12-step  program, drug  and  alcohol                                                              
treatment,  and community support  did. He  related the  high cost                                                              
of incarceration,  at $168 per day,  which could go a  long way to                                                              
provide  programs.  He said  that  Senate Bill  91  had some  good                                                              
programs.  He hoped  to  meet with  legislators  next  month as  a                                                              
member of the Advisory Board of Alcoholism and Drug Abuse.                                                                      
                                                                                                                                
1:35:13 PM                                                                                                                    
MARY  GEDDES,  representing  herself,   Anchorage,  said  she  was                                                              
speaking as a  35-year Alaska resident, that she  has children and                                                              
grandchildren,  so she  wants nothing  more  than to  have a  safe                                                              
home and  community. She  said she  has reviewed  SB 32  and fully                                                              
grasps  the  motivation behind  it.  However,  she has  spent  her                                                              
career  working  in the  criminal  justice  system and  is  deeply                                                              
concerned about  the bill.  She said  a disconnect exists  between                                                              
good  intentions and  the negative  outcomes  of many  of SB  32's                                                              
provisions.                                                                                                                     
                                                                                                                                
She said that people  do not agree on ways to keep  people safe or                                                              
the  best value  for criminal  justice dollars.  However, many  of                                                              
the provisions  in  SB 32 do  not accomplish  either purpose.  The                                                              
fundamental  problem with  SB 32  is that it  calls for  increased                                                              
sentences.   However,   overwhelming   evidence   indicates   that                                                              
lengthening  sentences  does  not reducing  recidivism  or  crime.                                                              
Using  non-incarceration  sanctions  would  be  a  less  expensive                                                              
approach.  Enacting  longer  sentences  increases  the  number  of                                                              
prisoners at a rate that is fiscally unsustainable, she said.                                                                   
                                                                                                                                
1:38:36 PM                                                                                                                    
ROBIN  CARVALHO, representing  herself, Wasilla,  said her  Mat-Su                                                              
Valley community cried  out for reform after it  witnessed so much                                                              
death  and  destruction  and  saw  the toll  it  took  on  Alaskan                                                              
families.  She acknowledged  that  Senate Bill  91  had some  good                                                              
provisions. The bill  allowed prisoners who served  their time and                                                              
paid  their debt  to  society to  obtain  limited licenses,  which                                                              
allowed them to  get productive jobs and care  for their families.                                                              
She asked  people to  show mercy  and welcome  them back  to their                                                              
communities.  She urged  members  not to  lose sight  of the  fact                                                              
that crime is up  nationwide, and much of it is  related to mental                                                              
health and a lack of treatment.                                                                                                 
                                                                                                                                
1:41:44 PM                                                                                                                    
JOE SCHLANGER,  representing himself,  Wasilla, expressed  concern                                                              
about  the  risk  of  sexual  abuse   of  minors  in  schools  and                                                              
advocated to  amend SB 32 to  specifically address it.  He pointed                                                              
out  that   Lukis  Nighswonger,   [a  Wasilla  elementary   school                                                              
teacher] had at  least 20 charges filed against him,  but the Mat-                                                              
Su Borough and  Mat-Su Borough School District  did not adequately                                                              
cover or  report the case.  He said, "We've  got to put a  stop to                                                              
this.".  He  said   that  children,  teachers  and   schools  need                                                              
additional  protection, including  enhanced reporting.  He offered                                                              
his  belief  that minimum  sentences  should  be increased  to  20                                                              
years  for first-time  child molesters,  especially since  victims                                                              
suffer for  the rest of their lives.  The emphasis needs  to be on                                                              
the victim  and not  on criminals,  who often perpetrate  multiple                                                              
crimes with multiple victims.                                                                                                   
                                                                                                                                
1:44:05 PM                                                                                                                    
NICK  BROCKETT,  representing  himself,  Wasilla,  said  that  the                                                              
crime issues  that Alaska faces  are similar  to ones in  the rest                                                              
of the  nation because  these crimes are  tolerated. He  said that                                                              
the  same level  of problems  does  not exist  in other  countries                                                              
because they do  not tolerate crime. For example,  the Philippines                                                              
does not  have a  DUI [driving  while under  the influence]  issue                                                              
and Singapore  does not have  a drug problem,  he said.  If Alaska                                                              
makes it  a bad place  for criminals, the  criminals will  move to                                                              
the Lower 48, he said.                                                                                                          
                                                                                                                                
1:45:58 PM                                                                                                                    
SENATOR  REINBOLD acknowledged  that  she felt  safe traveling  in                                                              
Asia.                                                                                                                           
                                                                                                                                
1:46:18 PM                                                                                                                    
JESSE  SUMMER, representing  himself, Wasilla,  said his  business                                                              
has  been subject  to  multiple  felony thefts.  In  fact, he  has                                                              
caught several  thieves, who  have admitted to  theft in  front of                                                              
law enforcement.  He also had ample  evidence of these  crimes. He                                                              
surmised  that the  troopers were  demoralized by  Senate Bill  91                                                              
because they often  must release offenders on unsecured  bonds. He                                                              
suggested that  a secured bond  could help, especially  for felony                                                              
offenses.                                                                                                                       
                                                                                                                                
1:48:23 PM                                                                                                                    
EDIE  GRUNWALD,  representing  herself,   Wasilla,  said  she  has                                                              
visited   several   prisons   and  indicated   that   the   Hiland                                                              
Correctional  Facility   has  some  of  the  best   mental  health                                                              
assistance in  the state.  She offered her  belief that  the state                                                              
needs to  focus on  the victims. From  the beginning,  Senate Bill                                                              
91 was  an invitation for  criminals to  come to Alaska.  She said                                                              
she  supports electronic  monitoring  as a  condition of  release.                                                              
After reviewing SB  32, it appears to her that  the sentencing was                                                              
raised, but  the classifications  reduced the penalties  for drugs                                                              
in proposed  Sections 30, 31, and  33. She asked whether  that was                                                              
correct.                                                                                                                        
                                                                                                                                
1:49:48 PM                                                                                                                    
CHAIR HUGHES  said that  is not  correct; however, Kaci  Schroeder                                                              
from  the Department  of  Law will  make comments  at  the end  of                                                              
public testimony.                                                                                                               
                                                                                                                                
1:50:11 PM                                                                                                                    
MS.  GRUNWALD  asked  whether  the  mandatory  inflation  rate  is                                                              
raised. She  said that she  offers her  support so Alaska  can get                                                              
control  over crime.  She  offered her  belief  that services  for                                                              
victims needs more support.                                                                                                     
                                                                                                                                
1:51:48 PM                                                                                                                    
CHAIR HUGHES  agreed that  the inflation  adjustment was  removed.                                                              
She asked Ms. Schroeder to speak to this provision.                                                                             
                                                                                                                                
1:52:30 PM                                                                                                                    
ERIK REED,  representing himself, Wasilla,  said that over  a year                                                              
ago, he had a head-on collision with a drunk driver. He said:                                                                   
                                                                                                                                
     My  son and  I survived.  He  was four.  My wife  passed                                                                   
     away. Nobody  has given any consideration or  thought to                                                                   
     us  as  victims.   They  have  cared  more   about  this                                                                   
     process.  The offender  is currently  on "house  arrest"                                                                   
     living  with  a best  friend.  He  is  free to  see  his                                                                   
     children,  his girlfriend,  his  wife;  however, my  son                                                                   
     and I  are not. It's  been over a  year. There  has been                                                                   
     no justice so  I would ask that there be  a timeframe to                                                                   
     allow for victims  to continue to move forward  and have                                                                   
     some  sort  of  closure. Everybody  wants  to  give  the                                                                   
     perpetrators  the  second   chance,  but  nobody  thinks                                                                   
     about  the  victims.  It's  a lifelong  injury  that  we                                                                   
     sustain in  our lives and  breathe every single  day and                                                                   
     it's extremely  tough. This guy is out, like  I said, on                                                                   
     "house  arrest."  Things  have kept  being  pushed  back                                                                   
     over and over  again. There's no closure for  my son and                                                                   
     I, and at any  point in time, my son and  I can be right                                                                   
     back  in the  middle of  that  wreck. We  go to  therapy                                                                   
     continuously  and it's hard  to explain  to my boy  what                                                                   
     happened when  he saw his mom take her last  breath. And                                                                   
     what  happened to  the guy  that  caused that  accident,                                                                   
     that is more important than this criminal's rights.                                                                        
                                                                                                                                
1:54:01 PM                                                                                                                    
CLIFFORD SMITH,  Owner/Operator, VIP  Alaska, Kenai, said  that he                                                              
is owner  of a  private electronic  monitoring  firm in Kenai.  He                                                              
thanked Senator  Micciche for  letting him  know about  the public                                                              
testimony. He  referred to Sections  19 and 20  of SB 32.  He said                                                              
that  language  was added  to  the  bill to  make  it  a crime  to                                                              
remove, tamper, or disable electronic monitoring equipment.                                                                     
                                                                                                                                
He suggested  the committee may  wish to consider  adding language                                                              
to address  the failure by an  offender to charge or  recharge the                                                              
electronic monitoring  equipment. He described the  differences in                                                              
equipment.  Failure to  keep the  device  sufficiently charged  is                                                              
just  as  effective  as  tampering  or  disabling  the  electronic                                                              
monitoring equipment.                                                                                                           
                                                                                                                                
MR. SMITH said  he was glad to  learn the cost of  imprisonment at                                                              
a private  residence included  provisions that require  electronic                                                              
monitoring  must  be  paid  for by  the  person  being  sentenced,                                                              
except  in  cases  where  the court  determines  the  offender  is                                                              
indigent.  Section 46  seems to  cap the cost  of imprisonment  at                                                              
$2,000  and asked  the reason  for the  cap. He said  he does  not                                                              
think this bill goes far enough.                                                                                                
                                                                                                                                
1:57:05 PM                                                                                                                    
CHAIR  HUGHES welcomed  additional  comments  to  be submitted  in                                                              
writing to senate.judiciary@akleg.gov.                                                                                          
                                                                                                                                
1:57:20 PM                                                                                                                    
VERNON  SMITH,  Kenai   Peninsula  AMIA,  Kenai,  said   he  is  a                                                              
cultivator  on the  Kenai  Peninsula.  He expressed  concern  that                                                              
legal  cultivators  of marijuana  will  be adversely  affected  by                                                              
Section 32 of the bill.                                                                                                         
                                                                                                                                
1:58:34 PM                                                                                                                    
SENATOR  MICCICHE  said the  committee  has been  receiving  calls                                                              
from  the legal  cannabis [marijuana]  industry. He  said that  he                                                              
will ask  for a  formal ruling on  the applicability  of SB  32 to                                                              
ensure that the  legal cannabis industry is protected.  He said he                                                              
will share that response once he receives it.                                                                                   
                                                                                                                                
1:58:59 PM                                                                                                                    
RYAN TUNSETH,  Owner, East  Rip, Kenai,  thanked Senator  Micciche                                                              
for the clarification.  He echoed comments previously  made on the                                                              
legal marijuana  community concerns.  He said  that he  would like                                                              
protections to be  extended to all cannabis stakeholders,  and not                                                              
just licensed businesses.                                                                                                       
                                                                                                                                
He  expressed concern  that the  belief  seems to  be that  Senate                                                              
Bill 91 created  the crime problems and that SB 32  will fix them.                                                              
However,  when the  attorney general  was asked  if the bill  will                                                              
fix the problems,  he could not give any assurances  it will, just                                                              
that the state  needs to do something. He expressed  concern about                                                              
the process  being used to  revise the  criminal code. It  was his                                                              
understanding   that  Senate  Bill   91  would  be   strategically                                                              
reviewed, that  areas that  were deemed good  ones would  be kept,                                                              
but others  would be  changed. However,  just  going back  to pre-                                                              
Senate Bill 91 law  is not a fix. He said that  he empathizes with                                                              
the victims, and  agreed it is important to keep  them in mind. He                                                              
said he appreciated hearing the victims' comments.                                                                              
                                                                                                                                
2:01:48 PM                                                                                                                    
CHRIS EICHENLAUB,  representing himself, Eagle River,  offered his                                                              
general support  of SB 32,  that he wants  "justice for  all," not                                                              
just for  criminals. He  expressed concern  that the public  bears                                                              
the  cost  of   crime  in  the  form  of   shoplifting,  increased                                                              
insurance  fees, and additional  law enforcement.  He offered  his                                                              
belief that more  law enforcement does not reduce  crime. Instead,                                                              
what reduces  crime is legislation  passed by the  legislature. He                                                              
surmised  that criminals  know how  far they  can push things.  He                                                              
urged members to think about victims.                                                                                           
                                                                                                                                
2:05:00 PM                                                                                                                    
LYNETTE   CLARK,   Chairman,  Alaska   Independent   Party,   Fox,                                                              
testified in  opposition to  SB 32. The  repeal of Senate  Bill 91                                                              
has become  a mantra  for Alaskans.  However, SB  32 is  a mistake                                                              
and  a "knee  jerk" reaction  as  a response  to  public pleas  to                                                              
eliminate Senate  Bill 91,  which was rushed  from the  start. She                                                              
urged members to not make the same mistakes.                                                                                    
                                                                                                                                
MS. CLARK  asked members to be  open to the public's  concerns but                                                              
to give  them what works.  Last summer  her home was  broken into,                                                              
but  since  Senate  Bill  91  was on  the  books  and  created  "a                                                              
revolving  door,"  she did  not  even  bother  to report  it.  She                                                              
warned her community  that the next time her house  is broken into                                                              
that she will act.  She said, "Please get this right  and not rush                                                              
it."                                                                                                                            
                                                                                                                                
2:07:05 PM                                                                                                                    
CODY  COMAN,  representing  himself,   Wasilla,  agreed  with  Mr.                                                              
Carrigan's concerns  that SB 32  would adversely affect  the legal                                                              
cannabis industry.  He said he understands  that SB 32  would only                                                              
apply to  the marijuana "black  market," but he  expressed concern                                                              
that  the  bill  would criminalize  legal  marijuana  and  natural                                                              
hemp.  He  highlighted  the importance  of  protecting  the  legal                                                              
cannabis industry  since it brings  in millions of tax  dollars to                                                              
the state.                                                                                                                      
                                                                                                                                
2:08:53 PM                                                                                                                    
TIM KELLY,  representing himself,  Wasilla, testified in  favor of                                                              
SB 32.  He said  that recidivism  is a  problem. He noted  earlier                                                              
testimony  said  that  recidivism   is  down.  However,  when  law                                                              
enforcement stops  arresting people,  the statistics  also reflect                                                              
reductions  in crime.  He has tracked  crime  for nearly 40  years                                                              
and  has found  recidivism  rate runs  70-80  percent despite  the                                                              
efforts to  control it.  He offered his  belief that  the solution                                                              
is  to incarcerate  people for  long  periods of  time to  prevent                                                              
criminals from  preying on  citizens. He said  Senate Bill  91 was                                                              
passed to  address budget issues.  He suggested sending  offenders                                                              
with long-term  sentences out-of-state to  save half the  costs of                                                              
incarceration  and allow  room in Alaska's  prison facilities  for                                                              
those with  shorter offenses. He said  [his vehicle] was  hit by a                                                              
person with multiple  DUIs. He and his son could  have been killed                                                              
in the accident,  he said. He  offered his belief that  Alaska has                                                              
a  huge problem  with  drunk drivers  because  Alaska  is soft  on                                                              
crime.                                                                                                                          
                                                                                                                                
2:11:32 PM                                                                                                                    
CHAIR  HUGHES reminded  the  public  that the  committee  welcomes                                                              
additional    written    comments     can    be    submitted    to                                                              
senate.judiciary@akleg.gov.                                                                                                     
                                                                                                                                
2:11:57 PM                                                                                                                    
AARON COMAN,  representing himself,  Palmer, stated that  he works                                                              
in  the  legal  marijuana  industry.  He  echoed  Cary  Carrigan's                                                              
testimony  and  concerns.  He thanked  Senator  Micciche  for  his                                                              
willingness to request  a legal opinion that clarifies  that SB 32                                                              
will not  apply to the legal  cannabis operations. He  referred to                                                              
page  19,  lines 19-21  of  proposed  Section  32, which  read  as                                                              
follows:                                                                                                                        
                                                                                                                                
     (i) three grams or more containing a schedule IIIA or                                                                      
     IVA controlled substance except a controlled substance                                                                     
     in a form listed in (ii) of this subparagraph;                                                                             
                                                                                                                                
He  referred to  page 19,  lines  13-14, of  proposed Section  32,                                                              
which read as follows:                                                                                                          
                                                                                                                                
       (ii) schedule IIA controlled substance except a 14                                                                       
      controlled substance listed in AS 11.71.150(e)(11) -                                                                      
     (15);                                                                                                                      
                                                                                                                                
MR.  COMAN expressed  concern  that these  provisions  need to  be                                                              
examined  to  be sure  they  do  not adversely  impact  the  legal                                                              
marijuana industry.  He expressed concern  that it will  place the                                                              
burden on  the public to prove  any marijuana in  their possession                                                              
was legally acquired.                                                                                                           
                                                                                                                                
2:14:15 PM                                                                                                                    
RODGER BRANSON,  representing himself, Eagle River,  said he views                                                              
himself  as  a  mental  health  services  consumer.  He  expressed                                                              
concern  about an  "us against  them"  attitude that  he has  been                                                              
hearing  today. He  asked to  speak for  those people  who are  in                                                              
recovery.  He acknowledged  he heard several  people testify  that                                                              
they  work in  prison ministries  and recovery  services. He  said                                                              
that is common  for those in recovery  to want to help  others and                                                              
that such peer recovery can be a huge asset to the state.                                                                       
                                                                                                                                
2:17:11 PM                                                                                                                    
JESSICA SPURRIER,  representing herself,  Juneau, stated  that she                                                              
works for  JAMHI, [the  Juneau Alliance  for Mental Health,  Inc.]                                                              
Health   and  Wellness   as   coordinator   of  the   Heroin   and                                                              
Prescription Opioid  Misuse Program.  She is also  the facilitator                                                              
for  the  Juneau Opioid  Work  Group  and  is  in the  process  of                                                              
completing  her Master  of Social  Work degree.  She said  that SB                                                              
32,  if passed,  would  send lots  of people  to  prison for  drug                                                              
crimes.                                                                                                                         
                                                                                                                                
She agreed that  crime has been increasing but  offered her belief                                                              
that  crime was  on the  rise well  before the  passage of  Senate                                                              
Bill  91. The  phrase "correlation  does not  equal causation"  is                                                              
not just a catchy phrase, she said.                                                                                             
                                                                                                                                
She said that prior  to 2016, the prison population  in Alaska was                                                              
incredibly  large.  In fact,  the  state  wanted  to build  a  new                                                              
prison  to accommodate  them.  Yet, the  crime  rate continued  to                                                              
increase,   she  said.   The  state   saw   firsthand  that   more                                                              
imprisonment  did  not  lead  to  less  crime.  She  wondered  why                                                              
returning to  pre-2016 law would  result in less crime.  Alaska is                                                              
in  the  midst   of  an  economic  recession,   with  the  highest                                                              
unemployment rate in the country, she said.                                                                                     
                                                                                                                                
MS.  SPURRIER   expressed  concern  that  a   first-time  offender                                                              
possessing even a  small amount of heroin could be  convicted of a                                                              
felony. A felony  conviction is a life sentence,  she said. Felons                                                              
have  difficulty  getting  jobs, housing,  credit,  or  overcoming                                                              
social  stigma.  These  things  can only  hurt  their  chances  of                                                              
overcoming  addiction.  Fear  of  incarceration  has  not  been  a                                                              
deterrent in drug-related crimes. However, treatment can help.                                                                  
                                                                                                                                
She said  that the laws  created by Senate  Bill 91 were  based on                                                              
sound  science and  needs time  to  work, that  similar laws  have                                                              
worked  in other states,  and can  work in  Alaska. Substance  use                                                              
disorder  is a disease,  she said.  She asked  members to  support                                                              
justice   reforms  that   promote   rehabilitation  and   increase                                                              
supervision  to  reduce  crime  and  increase  public  safety.  In                                                              
closing, she  said "please remember  that "an ounce  of prevention                                                              
is worth a pound of cure."                                                                                                      
                                                                                                                                
2:19:59 PM                                                                                                                    
MICHAEL VANLINDEN,  representing himself,  Juneau, stated  that he                                                              
is  a graduate  of  the Alaska  Therapeutic  Court  program and  a                                                              
felon. In 2014,  he was charged  with a felony DUI, but  was given                                                              
an opportunity  for rehabilitation  through the therapeutic  court                                                              
process. He  has served  his sentence, but  he continues  to carry                                                              
the  scarlet letter  "F" wherever  he  goes. Five  years later  he                                                              
still has to worry  about whether he will be able  to move on with                                                              
his life.  He must worry whether  the legislature will  repeal the                                                              
law that drastically changed his life for the better.                                                                           
                                                                                                                                
He said, "I get  punishing people for their crimes."  However, the                                                              
real  question is  whether people  become better  human beings  on                                                              
the other side or  if they are made worse. He  expressed gratitude                                                              
that he had an  opportunity for treatment, and he  got better. Now                                                              
he works  as a case manager  and a chemical dependency  counselor,                                                              
helping those  with substance use  disorder and mental  illness to                                                              
get better.  He was issued  a limited license  due to  Senate Bill                                                              
91,  which allows  him to  have  a good  job and  provide for  his                                                              
family. He drives his son to school each morning.                                                                               
                                                                                                                                
MR.  VANLINDEN  said that  the  governor  says  he wants  to  help                                                              
people  to change,  but [SB  32] would  not have  helped him.  The                                                              
governor  also said  he wants to  be compassionate,  but where  is                                                              
the compassion  in SB 32. He offered  his belief that  SB 32 would                                                              
be a huge step  in the wrong direction. He expressed  concern that                                                              
SB 32 would adversely  affect him. He wondered if  the goal was to                                                              
make more criminals or to help people change.                                                                                   
                                                                                                                                
He  said, "Just  because  you feel  like the  law  is the  problem                                                              
doesn't make it true.  If you take a look at the  data, you'll see                                                              
that  we were  headed this  way, way  before Senate  Bill 91."  He                                                              
questioned  why  people would  blame  a  law  that was  not  fully                                                              
implemented until  last year.  He sees people  every day  who have                                                              
benefited from  Senate Bill 91 and  have gotten better  because of                                                              
it. He said that  budget cuts to police, prevention  programs, and                                                              
behavioral  health services  have created  a "perfect storm."  The                                                              
reality  is that  the  burden has  shifted  to  the community.  He                                                              
expressed  concern  about  cutting funding  for  programs,  mental                                                              
health  services,   and  prevention  services  for   Alaskans.  He                                                              
offered  to  provide  the  remainder   of  his  testimony  to  the                                                              
committee.                                                                                                                      
                                                                                                                                
2:23:00 PM                                                                                                                    
WILLIAM J.  MUSSER, representing  himself, Juneau, stated  that he                                                              
is  a  convicted  felon,  in  recovery   from  a  substance  abuse                                                              
disorder,   and  works   as   a  chemical   dependency   counselor                                                              
technician. He said  he has gone through the  prison and probation                                                              
system, which he characterized as a broken system.                                                                              
                                                                                                                                
He said  he is  a broken individual  who saw  his sister  lose her                                                              
life by an  intoxicated driver. No  one knew how to help  him, nor                                                              
did they have  the tools to fix  him, so he victimized  others, he                                                              
said. He  suggested that the  system is  set up for  broken people                                                              
to fail.  He finally  found someone  who helped  him and  the only                                                              
way  to  stop   recidivism  is  find  out  what   works  for  each                                                              
individual, since  the same approach  will not work  for everyone.                                                              
He said it takes  a lot of services and effort  to help people. He                                                              
acknowledged  that  the  Juneau  community  tries  to  reach  that                                                              
standard. He said he is inspired by his community.                                                                              
                                                                                                                                
2:25:42 PM                                                                                                                    
BRIAN ENDEL,  representing himself,  Palmer, testified  in support                                                              
of SB 32. He said  that he was opposed to Senate  Bill 91 from its                                                              
inception.  The  bill was  destructive  for  Alaska, he  said.  He                                                              
would like to  reverse the direction, and see  the legislature add                                                              
in  the good  parts  of  Senate  Bill 91  into  SB 32.  He  quoted                                                              
scripture  in Ecclesiasticus  8:11.  He said  post-Senate Bill  91                                                              
law does not give people justice.                                                                                               
                                                                                                                                
2:27:24 PM                                                                                                                    
VICKI WALLNER, Member,  Stop Valley Thieves, Palmer,  testified in                                                              
support of SB 32.  She said she is the founder  of the 2014 social                                                              
media  group with  over  17,000 members.  She  offered her  belief                                                              
that the  system was broken before  Senate Bill 91, but  that bill                                                              
went  too  far, that  it  eroded  the public  trust,  and  allowed                                                              
offenders  to be  released quickly.  This  demoralized police  and                                                              
sent the wrong message  to criminals. She said that  the public is                                                              
screaming  for justice. The  government's  number one priority  is                                                              
to protect its citizens.                                                                                                        
                                                                                                                                
She said, "It's  an absolute fact that an offender  in jail is not                                                              
creating new  victims." She said she  is glad the crime  bills are                                                              
separated into  four bills. She  acknowledged that Senate  Bill 91                                                              
had some  good provisions.  However,  the state  did not save  the                                                              
money it was supposed  to save under the bill. In  fact, the state                                                              
was  considering reopening  the  Palmer Correctional  Center,  she                                                              
said. In closing  she said that  people do not feel safe  in their                                                              
own communities.                                                                                                                
                                                                                                                                
2:31:03 PM                                                                                                                    
MIKE  COONS,   President,  Greater   Alaskan  Chapter   of  Alaska                                                              
Association of  Mature Citizens,  Palmer, testified in  support of                                                              
SB  32.  He  said  his  chapter  just  finished  its  meeting  and                                                              
discussed SB 32  and the majority of the members  supported SB 32.                                                              
He  supported changes  in  drug possession  amounts  to allow  the                                                              
criminal justice  system to prosecute  dealers. He stated  that he                                                              
would like to see  pedophiles and rapists get life  with no parole                                                              
since pedophile  victims must  live with the  effects the  rest of                                                              
their  lives.  He offered  his  belief  that  users can  get  help                                                              
behind bars.  He said he supports  the increased penalties  and is                                                              
"all for  three strikes." He  said he is  a retired  paramedic who                                                              
has cut  people out of  cars because of  drunk drivers. He  said a                                                              
felony  DUI means  the person  has no  regard for  the law or  for                                                              
others.  He recommended  returning  "hard time"  to criminals  and                                                              
reverse  the "soft  aspects" of  Senate  Bill 91.  He offered  his                                                              
belief that  the criminal  can get his/her  act together  while in                                                              
jail if  they want  to change, and  if not,  the state  should not                                                              
show any mercy.  He said he wants  to make Alaska an  unsafe place                                                              
for criminals and a safe place for Alaskans.                                                                                    
                                                                                                                                
2:33:05 PM                                                                                                                    
TRIADA STAMPAS,  Policy Director,  American Civil Liberties  Union                                                              
of Alaska, Anchorage,  testified in opposition to SB  32. She said                                                              
that  SB 32  would promote  a return  to policies  that failed  to                                                              
stem increasing  crime and recidivism rates. It  was disappointing                                                              
to  learn  that  this  committee   will  not  be  considering  any                                                              
amendments given  that many legislators and the  governor promised                                                              
to repeal Senate Bill 91 and replace it with something better.                                                                  
                                                                                                                                
She said  that many  Alaskans are concerned  about crime  and many                                                              
who have changed  their behavior to avoid crime  deserve an honest                                                              
and  robust  discussion  of  what  has worked  and  what  has  not                                                              
worked.  They also  need to  know  that what  will replace  Senate                                                              
Bill  91 will  be better  than the  return to  policies that  were                                                              
failing  to protect  them in 2015.  The committee  has heard  from                                                              
this  administration   that  increasing  criminal   sentences  and                                                              
imposing heavier  penalties on crimes are not  guaranteed to lower                                                              
crime  rates.  That  is because  the  relationship  between  crime                                                              
trends and  sentencing policy is  tenuous at best.  Alaska's crime                                                              
rates  are  more  fairly  attributed  to  the  state's  struggling                                                              
economy,   insufficient   availability   of  mental   health   and                                                              
substance   abuse  disorder   treatments  and   a  raging   opioid                                                              
epidemic.                                                                                                                       
                                                                                                                                
The  state's own  data  shows that  larceny,  burglary, and  motor                                                              
vehicle  theft  began to  spike  prior  to  Senate Bill  91  being                                                              
signed  into law.  While sentencing  policy does  not drive  crime                                                              
rates,  it  does  drive incarceration  rates  and  taking  away  a                                                              
person's  liberties  is  one  of the  most  serious  exercises  of                                                              
government power.  In the decade  prior to passage of  Senate Bill                                                              
91, Alaska's  prison population  had grown  27 percent,  with more                                                              
than half  the prison population  being non-violent  offenders and                                                              
supervision violators while crime rates continued to climb.                                                                     
                                                                                                                                
2:35:11 PM                                                                                                                    
MS.  STAMPAS  said  that  these   sentencing  policies  were  also                                                              
resulting  in disproportionate  incarceration  of Alaska  Natives,                                                              
African  Americans, and  Latinos.  Alaska's  prisons were  packed,                                                              
forcing  the state  to consider  building even  more prisons.  She                                                              
said that the  Department of Correction's fiscal  note makes clear                                                              
that SB 32  will exceed the  current capacity and put  Alaska back                                                              
into the same  untenable situation. Alaska's  Constitution charges                                                              
us  to balance  the  need  for protecting  the  public,  community                                                              
condemnation  of the offender,  the rights  of victims  of crimes,                                                              
restitution from the offender, and the principle of reformation.                                                                
                                                                                                                                
MS. STAMPAS  said the  committee has  heard testimony  today about                                                              
the importance  of robust  reentry programming  and the  treatment                                                              
of substance  use disorders. Since  Senate Bill 91, more  than $40                                                              
million has  been invested  and this  investment in the  principle                                                              
of  reformation  is an  algorithm  of  current statistics  of  the                                                              
reduction of  recidivism. She said  that SB 32 shifts  the balance                                                              
away from  intervention to prevent  crimes in favor  of sentencing                                                              
policies  that  have already  been  tried  and failed.  She  urged                                                              
members to vote against SB 32.                                                                                                  
                                                                                                                                
2:36:31 PM                                                                                                                    
CHAIR  HUGHES remarked  that  the  committee is  not  entertaining                                                              
amendments. This  is not because  there is  not any desire  to do,                                                              
or that committee  members do not  have any concerns. She  said it                                                              
is simply  because she, as chair,  has a conflict of  interest due                                                              
to what she believes  is a flaw in the ethics  law. She would like                                                              
to be clear that there is not any rubber stamping of this bill.                                                                 
                                                                                                                                
2:37:13 PM                                                                                                                    
KARA NELSON, representing  herself, Juneau, stated  her opposition                                                              
to  SB 32.  She said  that she  is a  lifelong Alaskan  who is  in                                                              
long-term  recovery  from  substance  abuse  disorder  and  mental                                                              
health issues.  She was  formerly incarcerated  and is  the mother                                                              
of  three Alaskans.  She  has  walked  shoulder to  shoulder  with                                                              
hundreds of  Alaskans who will not  be able to testify  today. She                                                              
asked to  reiterate the  need for  restorative justice  practices.                                                              
She said that she  has heard a lot of testimony  about what is and                                                              
is  not working.  She offered  her belief  that incarcerating  for                                                              
longer periods  of time  does not enhance  public safety  or drive                                                              
down  crime.  She  acknowledged   she  could  not  comprehend  the                                                              
problems in  communities. She  asked members  to keep  justice for                                                              
all in mind,  even those Alaskans who have a  criminal background.                                                              
Many of  them have  been victims  of crime,  but their  voices are                                                              
not heard.                                                                                                                      
                                                                                                                                
2:39:46 PM                                                                                                                    
CHAIR HUGHES thanked  her for her work in the  recovery field. She                                                              
said she would make remarks after public testimony                                                                              
                                                                                                                                
2:40:10 PM                                                                                                                    
ROBIN  MITCHELL,  representing herself,  Chugiak,  testified  that                                                              
she was generally  in support of SB 32. She stated  that testimony                                                              
should  be  thrown  out  [if  anyone   commits  perjury]  and  the                                                              
affected  parties should  be able  to sue.  She expressed  concern                                                              
that judges are  not made accountable and related  a scenario from                                                              
her own  experience with guns  stolen during a divorce  proceeding                                                              
to illustrate  her point.  She expressed  concern that  the courts                                                              
are a revolving door for criminals.                                                                                             
                                                                                                                                
CHERYL  BOWIE,  representing  herself,   Anchorage,  testified  in                                                              
opposition to  SB 32. She  said that she  has not heard  testimony                                                              
related to  increasing mental  health access  and pain  management                                                              
access  for formerly  incarcerated  individuals.  She offered  her                                                              
belief that  once a  person is incarcerated,  no matter  what they                                                              
achieve and  accomplish in terms  of compliance goals,  the person                                                              
is often not viewed  as human and is locked out  of access to jobs                                                              
and medication. She  suggested exploring ways to  mitigate some of                                                              
those risks. She  further suggested uniform laws  for the cannabis                                                              
industry. She  related that  Illinois allows opioid  prescriptions                                                              
to  be substituted  with  marijuana  at dispensaries  and  doctors                                                              
should  work  with   patients  in  that  regard.   She  said  that                                                              
patients, the  disabled, and poor  people are locked out  of jobs,                                                              
but  need  access  to  jobs  and   insurance.  She  suggested  law                                                              
enforcement  should  focus  on violent  crimes,  property  crimes,                                                              
sexual assault,  and white-collar  crimes. She  said she  does not                                                              
think putting  people in  jail for  a long  time or building  more                                                              
prisons will help us deal with the issues we face.                                                                              
                                                                                                                                
2:46:15 PM                                                                                                                    
ROBERT DORTON,  representing himself, Fairbanks, said  he obtained                                                              
treatment in  prison in Palmer  in 2015.  Once he was  released to                                                              
electronic  monitoring,  he  had a  chance  to  give back  to  the                                                              
community  via  his 12-step  program  and  an opioid  crisis  work                                                              
group.  He  graduated  from  a  re-entry  program  and  is  now  a                                                              
volunteer as  a peer-support specialist.  He obtained his  GED and                                                              
has  been accepted  at  the  University  of Alaska  Fairbanks.  He                                                              
emphasized  that  treatment works  but  longer sentences  do  not.                                                              
Prisoners  should  be  able  to  pay their  way  back  to  society                                                              
instead of  being stored away.  He expressed gratitude  for Senate                                                              
Bill 91  and how it helped  him. He urged  members not to  give up                                                              
on the bill since  it needs time to work. He  said "the miracle is                                                              
about  to happen"  so let  it work.  He said  that people  realize                                                              
that drug addiction  is a disease. He emphasized  the focus should                                                              
be on treatment. He is part of the faith community, he said.                                                                    
                                                                                                                                
2:49:02 PM                                                                                                                    
CHAIR  HUGHES  congratulated  him  on  his  progress  and  forward                                                              
movement in his life.                                                                                                           
                                                                                                                                
2:49:20 PM                                                                                                                    
SENATOR REINBOLD  said she  sees Senate  Bill 91 differently.  She                                                              
said  thousands   of  Alaskans  have  suffered  and   hundreds  of                                                              
businesses  have been  affected by  crime. She  asked for  further                                                              
clarification on the treatment program he felt was successful.                                                                  
                                                                                                                                
MR.  DORTON said  he  participated  in the  Residential  Substance                                                              
Abuse  Treatment (RSAT)  program. It  gave him  the tools  to help                                                              
him address  his problems.  He lamented the  three years  he spent                                                              
in prison  once he  had the knowledge  and not  being able  to use                                                              
it.                                                                                                                             
                                                                                                                                
2:50:37 PM                                                                                                                    
JAMIE  DONLEY,  representing  herself,   Anchorage,  testified  in                                                              
support of SB 32.  She said the last time she took  her son to the                                                              
park, he was  running and encountered someone shooting  up heroin.                                                              
She  offered her  belief  that those  who  were  "sitting idly  in                                                              
prison" were  actually being  help while  they were  incarcerated.                                                              
This gave  them the  opportunity become  good, prosperous  members                                                              
of society, she  said. She said she supports prison  for those who                                                              
commit crimes.  In response  to Chair Hughes,  she said she  is in                                                              
support of SB 32.  She added that she had a family  member who was                                                              
incarcerated  for a  drug  offense pre-Senate  Bill  91, got  help                                                              
while in  jail, and  is now  a productive  member of society.  She                                                              
surmised  if her  sister had  been involved  in drugs  post-Senate                                                              
Bill 91 that her family member would probably be dead.                                                                          
                                                                                                                                
2:52:34 PM                                                                                                                    
ELIZABETH  WILLIAMS,  Member,  No  More  Free  Passes,  Anchorage,                                                              
offered her partial  support of SB 32 because the  bill will raise                                                              
sentences for  assault and  other violent  crimes. She  is against                                                              
SB  32 for  making  simple drug  possession  a  felony across  the                                                              
board.  She cautioned  against  treating  violent and  non-violent                                                              
crimes the  same, which  was one  of the  issues with Senate  Bill                                                              
91. She suggested  that the public  was misled that it  would only                                                              
affect non-violent  drug users, which  was not the case.  She said                                                              
that Senate Bill  91 lowered sexual abuse of a minor  in the third                                                              
degree  and  all  domestic  violence   charges.  She  offered  her                                                              
support to  reinstate penalties  for domestic violence  and sexual                                                              
assault that Senate  Bill 91 reduced. She said  research indicates                                                              
that exposure  to domestic  violence is the  worst thing  that can                                                              
happen  to a  child,  so she  advocates  increasing sentences  for                                                              
domestic violence.  Sending perpetrators  of domestic  violence to                                                              
prison for  six months to  a year can  give the victim  and family                                                              
to  get their  lives back  together. She  suggested treatment  for                                                              
addiction and consequences for those who commit violent crimes.                                                                 
                                                                                                                                
2:55:07 PM                                                                                                                    
VICKI  JOE  KENNEDY, representing  herself,  Kodiak,  acknowledged                                                              
that  the  budget cuts  will  mean  drastic  cuts. She  said  that                                                              
cannabidiol (CBD)  can help with  the opioid crisis.  She directed                                                              
attention to  Section 28,  page 13, lines  10-13, which  upset her                                                              
since it  changes the  penalty for disorderly  conduct from  a 24-                                                              
hour sentence  and  increases it  to 10 days.  She suggested  that                                                              
could   adversely   affect   activists   who   engage   in   civil                                                              
disobedience.                                                                                                                   
                                                                                                                                
2:59:01 PM                                                                                                                    
LYNDA WATTS,  representing herself, Juneau,  said she is  a person                                                              
with disabilities  and is someone who suffers  from post-traumatic                                                              
stress syndrome  (PTSD), bipolar,  and anxiety disorders.  She was                                                              
a victim  of sexual  abuse and  raised in  an alcoholic  home. She                                                              
developed  a coping  mechanism and  is an alcoholic.  She  has two                                                              
felony  DUIs  and  a  felony  failure  to  appear,  with  over  30                                                              
convictions.  She learned  she  was eligible  for  the Juneau  Re-                                                              
entry Coalition  Program, which helped  her turn her  life around.                                                              
The program merged  with the Juneau Alliance for  the Mentally Ill                                                              
(JAMHI). She would  like treatment programs that  provide hope and                                                              
counseling for  people. She was  a "blackout drunk" and  the worst                                                              
offender. She  said it was a great  honor to testify today  in the                                                              
presence of  legislators. She urged  members to pick out  the best                                                              
parts  of Senate  Bill 91  and SB  32 since  not everything  about                                                              
Senate  Bill 91  was bad. She  said being  sober  is good and  she                                                              
hopes to be a  role model for those who have  been incarcerated to                                                              
serve  lengthy  sentences.  She  asked members  to  focus  on  the                                                              
numerous successes  of people who  benefitted from Senate  Bill 91                                                              
and not the one who are problematic.                                                                                            
                                                                                                                                
3:02:58 PM                                                                                                                    
CHAIR  HUGHES  wished her  continued  good  fortune as  she  moves                                                              
forward with her recovery efforts.                                                                                              
                                                                                                                                
3:03:25 PM                                                                                                                    
RICK IANNOLINO,  Retiree, FASD  Diagnostic Clinic, Juneau,  stated                                                              
that he served  as the coordinator for the Fetal  Alcohol Spectrum                                                              
Disorder  Diagnostic   Clinic  for   ten  years.  He   stated  his                                                              
opposition  to SB  32. He  characterized  most of  his clients  as                                                              
people  who suffered  from post-traumatic  stress syndrome  (PTSD)                                                              
and were  from alcoholic families.  Most families had been  in and                                                              
out of the  correctional facilities for generations.  He said that                                                              
this bill promotes  laws that are perhaps the most  extreme in the                                                              
U.S. He  noted that the U.S.  incarcerates a higher  percentage of                                                              
its  citizens than  any other  country in  the world.  He said  he                                                              
reviewed the  recidivism rate, which  increased during the  war on                                                              
drugs  and  has  been  rising  due  to  the  opioid  epidemic.  He                                                              
suggested the state  should consider Norway's system  with shorter                                                              
sentencing, more  treatment, with a recidivism rate  of 7 percent,                                                              
not 75 percent.  In response to  Chair Hughes, he said  the Prison                                                              
Policy website states that Norway's rate is about 7 percent.                                                                    
                                                                                                                                
3:07:41 PM                                                                                                                    
MS. KENNEDY  rejoined the teleconference.  She stated that  she is                                                              
upset  with  Section  28,  subsection  (c),  which  increases  the                                                              
penalty  for disorderly  conduct  from one  day to  ten days.  She                                                              
said she  thinks the  penalty is  too harsh  and asked  members to                                                              
reconsider the provision.                                                                                                       
                                                                                                                                
3:09:19 PM                                                                                                                    
SOL  NEELY,  Ph.D.,  representing   himself,  paraphrased  from  a                                                              
prepared statement, which read as follows:                                                                                      
                                                                                                                                
     Thank  you,  Senator  Hughes and  the  Senate  Judiciary                                                                   
     Committee.  I am Dr.  Sol Neely. I  live in Juneau,  and                                                                   
     I'm representing myself.                                                                                                   
                                                                                                                                
     I   do   come  from   an   inter-disciplinary   academic                                                                   
     background  rooted in the  concrete realities of  prison                                                                   
     and reentry  efforts. In Fall  2012, I started  a prison                                                                   
     education  program   that  became  in  time   a  reentry                                                                   
     effort, so  every week of my  life I attempt  to balance                                                                   
     the  rigor of academic  research with  the realities  of                                                                   
     life   lived  in   the  prison   and   in  reentry.   My                                                                   
     experiences  in  all  this   align  with  the  data  and                                                                   
     evidence that show restorative justice measures work.                                                                      
                                                                                                                                
     From this  perspective, and  as witnessed here  today in                                                                   
     much  of  the  public  testimony,  it  seems  that  what                                                                   
     motivates  SB  32  is  either   blind  ideology  and  an                                                                   
     emotional desire  for revenge and retribution,  which is                                                                   
     not  aligned  with  the mission  of  the  department  of                                                                   
     corrections,  or  it  is motivated  by  dark  money  and                                                                   
     special interests.  Our governor  has campaigned  in the                                                                   
     interest  of the latter  by exploiting  the former,  and                                                                   
     SB  32 is  a product  of  this cynical  exploitation  of                                                                   
     fear.                                                                                                                      
                                                                                                                                
     With  all respect  to  victims of  Alaska  crime, it  is                                                                   
     simply dishonest  to say supporters of  criminal justice                                                                   
     reform don't  care about victims.  We care deeply  about                                                                   
     victims,  but  we  understand  that there  are  ways  to                                                                   
     organize   justice  reform   other   than  revenge   and                                                                   
     retribution,  which   do  nothing  toward   healing  and                                                                   
     restoration  in our  communities.  The data  on that  is                                                                   
     clear.  And many of  our incarcerated  neighbors are  in                                                                   
     fact   victims   too      of   abuse,   drugs,   racism,                                                                   
     transgenerational  trauma, or a  failing economy.  It is                                                                   
     not  as simple  as separating  victims and  perpetrators                                                                   
     of injustice.  And we  have multiple  other models  like                                                                   
     circle  sentencing  and restorative  justice  that  make                                                                   
     victims  central  to justice  reform.  And this  is  the                                                                   
     direction  SB  91  was  leading  us.  And  as  a  former                                                                   
     steering   committee  member   of  the  Juneau   reentry                                                                   
     coalition,  I want to  reiterate that  Alaskans need  to                                                                   
     allow  enough time for  existing justice  reforms to  be                                                                   
     evaluated,  so  that  any   changes  we  make  are  data                                                                   
     driven.                                                                                                                    
                                                                                                                                
     And my  second point is  related: We need treatment  not                                                                   
     incarceration.  Data shows  that it  is less costly  and                                                                   
     more effective  to serve  people with behavioral  health                                                                   
     disorders  in the  community, rather  than in  expensive                                                                   
     long-term  institutional  care.  But when  the  governor                                                                   
     calls  for a  war  on criminals,  he  is  calling for  a                                                                   
     cynical  war on  people, a  war on  our communities.  We                                                                   
     need  healthy community  predicated  on  respect not  on                                                                   
     skepticism.                                                                                                                
                                                                                                                                
     For  these reasons,  I am  resolutely opposed  to SB  32                                                                   
     and ask  you to resist the  rhetoric of fear  and muster                                                                   
     the courage  for evidence-based  reform tied to  broader                                                                   
     issues  that  enrich  our public  resources  instead  of                                                                   
     diminishing and privatizing them. Thank you.                                                                               
                                                                                                                                
3:11:57 PM                                                                                                                    
MORGAN  EVENSEN,  representing   herself,  Wasilla,  testified  in                                                              
support of  SB 32. She  said she  is 17 years  old and grew  up in                                                              
the [Mat-Su  Valley]. She has had  friends murdered and  seen drug                                                              
problems in her  community first hand. There needs  to be stronger                                                              
consequences  for these  crimes. She  said she  does not know  the                                                              
solution, but  she would  like to see  her community  become safe.                                                              
In closing,  she said she  looks to the  legislature to  listen to                                                              
the people and victims and make this a great place for all.                                                                     
                                                                                                                                
CHAIR HUGHES thanked her for testifying before the committee.                                                                   
                                                                                                                                
3:12:45 PM                                                                                                                    
SHERRY  HASSELL,   representing  herself,  Soldotna,   stated  her                                                              
support for SB 32 and the repeal of Senate Bill 91.                                                                             
                                                                                                                                
3:13:26 PM                                                                                                                    
ANNETTE PANKOSKI,  representing herself, stated that  she has been                                                              
a realtor  for over 13  years. She has  been a resident  of Alaska                                                              
for nearly  33 years. Pre-Senate Bill  91 she had clients  who did                                                              
not even  have keys to  their homes. She  urged members  to repeal                                                              
Senate  Bill  91,   which  removed  consequences.   She  supported                                                              
consequences for  criminal behavior as  a deterrent to  crime. She                                                              
said that our communities and residents deserve to feel safe.                                                                   
                                                                                                                                
3:14:38 PM                                                                                                                    
SENATOR MICCICHE related  that the repeal of Senate  Bill 91 is in                                                              
four bills. He asked whether she supported SB 32.                                                                               
                                                                                                                                
MS. PANKOSKI said she would like to further review SB 32.                                                                       
                                                                                                                                
3:15:14 PM                                                                                                                    
SENATOR  REINBOLD  echoed her  observations  that  people did  not                                                              
used to lock  their homes, but they  must do so because  of crime.                                                              
She is a  big supporter of  SB 32, which will  significantly bring                                                              
the laws back to  pre-Senate Bill 91. She said she  was willing to                                                              
discuss the bill  and highlight the changes that were  made in the                                                              
bill.                                                                                                                           
                                                                                                                                
3:16:16 PM                                                                                                                    
JENNIFER  HOWELL,  representing  herself, Sterling,  testified  in                                                              
support of  SB 32 and repealing  Senate Bill 91. She  has reported                                                              
criminal  activity, but the  troopers' hands  are currently  tied.                                                              
She said  her brother-in-law  has been robbed  three times  by the                                                              
same individual.  However, the person  has been released  over and                                                              
over  again and  the charges  have been  reduced to  misdemeanors.                                                              
She cautioned  that something  is wrong  when individuals  are not                                                              
afraid of the sentence.                                                                                                         
                                                                                                                                
3:17:54 PM                                                                                                                    
SENATOR  KIEHL  said  he  appreciated   her  testimony.  He  asked                                                              
whether the person was charged with felonies.                                                                                   
                                                                                                                                
MS. HOWELL responded  that the arrests were for  felonies, but the                                                              
crimes were reduced to misdemeanors.                                                                                            
                                                                                                                                
3:18:32 PM                                                                                                                    
CHAIR HUGHES,  after first determining  no one wished  to testify,                                                              
closed public testimony on SB 32.                                                                                               
                                                                                                                                
3:19:04 PM                                                                                                                    
CHAIR HUGHES  remarked that she  has heard mentioned  "justice for                                                              
all." She  said lawmakers  have a  responsibility that  the public                                                              
has  safe  neighborhoods  and communities.  When  people  are  put                                                              
behind  bars,   they  are  not   in  the  communities   committing                                                              
offenses. Treatment  was failing  in the  Senate Bill  91 process.                                                              
What  she  is working  hard  on  with the  administration  is  the                                                              
importance  of  what  is  done   during  incarceration.  She  said                                                              
inmates  can sleep  in, watch  television, play  cards, and  spend                                                              
idle  time  in  prison.  She  would  like  to  see  inmates  being                                                              
prepared  to be  more productive  citizens in  society. The  state                                                              
needs to have  private sector treatment programs  available in the                                                              
prison system with  good success rates, including  substance abuse                                                              
treatment,  family  counseling,   or  work-training.  The  private                                                              
sector organizations  need to provide  services in  the facilities                                                              
so  inmates  will  have  a  network  and  support  system  on  the                                                              
outside.  She said  she  hoped  that they  would  have  a job  and                                                              
housing lined up  so they can be productive and have  the means to                                                              
pay their rent.                                                                                                                 
                                                                                                                                
CHAIR HUGHES said  that Alaska has been failing.  It failed before                                                              
and  during Senate  Bill  91,  in terms  of  what  happens in  the                                                              
Department of  Corrections. She  said, "That  is a focus  and that                                                              
will address  justice for  all, because if  we keep  the criminals                                                              
off the  streets our  neighborhoods will  be safer.  If we  do the                                                              
right thing  in the prison  walls, we will  provide justice  and a                                                              
new opportunity  for those who have  committed the crime  with the                                                              
hope  and the  goal that  when they  exit, they  will not  return.                                                              
This has  worked in  other places."  She offered  her belief  that                                                              
Alaska  can  reduce  the  recidivism rate  from  that  70  percent                                                              
range. Other  states have  reduced recidivism  rates below  30 and                                                              
40  percent.  She  has heard  that  one  rate  was  as low  as  17                                                              
percent, but  the laws were tough.  This is one of her  goals, she                                                              
said.                                                                                                                           
                                                                                                                                
She  said that  prior  to Senate  Bill  91, she  had  worked as  a                                                              
contractor  in the prison  system and  witnessed inmates  who were                                                              
not criminally  minded pick up  criminal habits inside  the prison                                                              
system from  hardened criminals.  These inmates exited  the system                                                              
and committed  worse and worse crimes.  She opined that  the state                                                              
must do  things differently in  the Department of  Corrections and                                                              
must set the goal  to give inmates a chance to  get back on track.                                                              
She  said this  is important  for safety  and the  state needs  to                                                              
invest  funding,  although  this  bill does  not  address  funding                                                              
aspects. However,  the committee will hear future  bills that will                                                              
address  funding.  She said  it  is  not "either/or"  because  the                                                              
state  can have  tough laws  to  get them  off the  street and  do                                                              
things  differently   in  the  prison   system  that   will  allow                                                              
criminals to get  their lives turned around. It  will also provide                                                              
assurance that when  offenders exit, they will be  in better shape                                                              
than  when they  entered  the correctional  system.  She said,  "I                                                              
just wanted to put  that on the record because I  know some of the                                                              
people  who supported  [Senate Bill  91] and  are opposing  SB 32;                                                              
you are only seeing one piece of the puzzle at this point."                                                                     
                                                                                                                                
3:24:12 PM                                                                                                                    
CHAIR HUGHES asked  people to watch for the whole  package because                                                              
those  who oppose  Senate Bill  91  will find  that sentences  are                                                              
being toughened,  but the  issues raised  today can be  addressed.                                                              
This included providing  inmates with opportunities  for treatment                                                              
to get their lives back on track.                                                                                               
                                                                                                                                
3:25:08 PM                                                                                                                    
KACI  SCHROEDER,  Assistant  Attorney   General,  Central  Office,                                                              
Criminal Division,  Department of  Law, Anchorage, in  response to                                                              
Chair  Hughes, said  that  in regard  to  the  concerns that  were                                                              
expressed  about   the  language  in   SB  32  that   pertains  to                                                              
marijuana,  that was in  place pre-Senate  Bill 91. She  explained                                                              
that  the  initiative   passed,  was  in  statute   in  2014,  and                                                              
coexisted before Senate  Bill 91. This bill would  reset the stage                                                              
for  the  language  to coexist  again.  As  Mr.  Henderson  stated                                                              
yesterday,  the  language  in  SB   32  targets  the  black-market                                                              
aspects of the  cannabis industry. She said the  Department of Law                                                              
arrived at  that conclusion  because the statutes  are to  be read                                                              
harmoniously.  The  statutes are  not  to  be read  to  invalidate                                                              
other  statutes  if  the  statutes   can  be  read  together.  The                                                              
marijuana  initiative is  codified in  AS 17.38  and the  criminal                                                              
activity is found  in AS 11. She  said that as long  as the person                                                              
is  operating within  the  confines  of AS  17.38,  the person  is                                                              
fine.  If the  person  is operating  outside  those confines,  for                                                              
example, not  having a  license or possessing  more than  an ounce                                                              
of marijuana, the  criminal law would "kick in."  That being said,                                                              
she acknowledged that  some simple things can be done  in AS 11 to                                                              
address the  concerns. She suggested that  when SB 32 gets  to the                                                              
point  where changes  can  be  made, the  administration  welcomes                                                              
working with members to make those changes.                                                                                     
                                                                                                                                
CHAIR HUGHES asked  whether any additional clarification  needs to                                                              
be placed on the record.                                                                                                        
                                                                                                                                
3:26:55 PM                                                                                                                    
MS.  SCHROEDER   answered  that  concern  was  raised   about  the                                                              
thresholds  for theft being  the same  as in  Senate Bill  91. She                                                              
explained  that   Senate  Bill  91  actually  raised   the  felony                                                              
threshold  to $1,000;  however,  Senate Bill  54  brought it  back                                                              
down to $750. The felony threshold remains at $750, she said.                                                                   
                                                                                                                                
MS.  SCHROEDER recalled  that another  issue  raised in  testimony                                                              
was  whether  allowing  an electronic  monitor's  battery  to  die                                                              
would qualify  as tampering in the  escape statutes. She  said the                                                              
DOL believes  that would be  a close call  so it may  be something                                                              
the committee would want to consider in the future.                                                                             
                                                                                                                                
3:27:41 PM                                                                                                                    
SENATOR  KIEHL said  that one  thing  that was  raised by  several                                                              
public  testifiers was  a three-gram  standard, which  may be  the                                                              
result of confusion  about schedule IV versus scheduled  VI drugs.                                                              
He asked for further clarification on the standard.                                                                             
                                                                                                                                
MS. SCHROEDER  said  she was unsure.  She related  that AS  17.38,                                                              
which  codifies  the  legal  use  of  marijuana  has  a  one-ounce                                                              
threshold. She  suggested she could  review the criminal  code for                                                              
thresholds.                                                                                                                     
                                                                                                                                
CHAIR HUGHES  offered her belief that  it is classified  as one of                                                              
the drugs that marijuana  is so that might be something  to review                                                              
to ensure a problem does not exist.                                                                                             
                                                                                                                                
3:28:31 PM                                                                                                                    
SENATOR MICCICHE said  that one thing he supported  in Senate Bill                                                              
91  was  the  limited [driver's]  license  option.  He  asked  for                                                              
clarification  that  the  limited  license  option  is  not  being                                                              
eliminated. He explained  the limited license option  allows those                                                              
who have abided by  the rules for a long time the  ability to have                                                              
a limited  license. This would remove  an obstacle and  allow them                                                              
to drive to work, to church, and elsewhere.                                                                                     
                                                                                                                                
MS. SCHROEDER  answered that none  of the bills in  the governor's                                                              
crime package touch on the limited license issue.                                                                               
                                                                                                                                
3:29:16 PM                                                                                                                    
CHAIR  HUGHES remarked  that  she thinks  that  a loophole  exists                                                              
related to the 10-year  span for someone to obtain  a license. She                                                              
offered her  belief that  resetting the  clock should  occur after                                                              
the last  violation. She explained  that the current law  allows a                                                              
person to  get their license  returned in  the first ten  years if                                                              
the person  "stays on  the straight and  narrow." However,  if the                                                              
person missed  that window, the only  way for the person  to get a                                                              
driver's  license would  be to  commit a  DUI and  go through  the                                                              
therapeutic court  system. She clarified that she  absolutely does                                                              
not  suggest this  avenue.  It should  apply  to  someone who  has                                                              
"stayed clean"  for a  ten-year period,  so this  will need  to be                                                              
addressed.                                                                                                                      
                                                                                                                                
3:30:22 PM                                                                                                                    
SENATOR MICCICHE  related  that the committee  heard concern  that                                                              
the penalty  for a simple [drug]  possession would be  returned to                                                              
a felony in SB  32. He asked Ms. Schroeder to  describe the option                                                              
a  judge has  to impose  for a  suspended  imposition of  sentence                                                              
(SIS),  which can  keep  the penalty  at  a misdemeanor  with  the                                                              
stipulation for a recovery plan or other condition.                                                                             
                                                                                                                                
MS. SCHROEDER  answered  that there  are two  methods for  that to                                                              
happen. She said  a judge can put someone on probation  and if the                                                              
person  complies with  the conditions  of  probation, which  could                                                              
include treatment,  the conviction could be "set  aside." That was                                                              
in place prior  to Senate Bill 91  and was not changed  by it. She                                                              
explained that Senate  Bill 91 did introduce a  suspended entry of                                                              
judgment (SEJ),  in which someone  could, with the consent  of the                                                              
prosecution, be put  on probation. She said it is  very similar to                                                              
an  SIS,   which  could   include  treatment.   Once  the   person                                                              
successfully completed probation, the charge would be dismissed.                                                                
                                                                                                                                
3:31:32 PM                                                                                                                    
SENATOR  REINBOLD  expressed  concern about  this  provision.  She                                                              
offered  her belief  that the reason  people  possess drugs  is to                                                              
use or sell them,  which often leads to theft,  assault, burglary,                                                              
assault,  and homicide.  She found  the homicide  rates in  Alaska                                                              
"astounding."  She expressed  further  concerns with  some of  the                                                              
limited licenses for  people who do not pay their  fines or do not                                                              
carry  insurance.  She  agreed  the "DUI  loophole"  needs  to  be                                                              
addressed. She  said Alaska has  a horrible problem  with alcohol,                                                              
so  "going soft  in  this area  is  inappropriate."  She said  she                                                              
supports early intervention.  She noted that resource  officers in                                                              
schools  just "wave  the flag."  She  said that  the problems  are                                                              
very serious and  early intervention is often not  being done. She                                                              
related  her understanding  that the  new ethics  law hinders  the                                                              
committee  from making  changes  in the  bill.  She remarked  that                                                              
crime statistics show crime has "gone through the roof."                                                                        
                                                                                                                                
3:34:01 PM                                                                                                                    
SENATOR  MICCICHE  said  many  testifiers   were  opposed  to  the                                                              
changes in SB 32.  He said that the Alaska Constitution  calls for                                                              
community  condemnation,  reformation,  and  restitution,  but  it                                                              
also  focuses on  victims' rights.  He  said what  was missing  is                                                              
that the  focus on potential  rehabilitation forgot the  price for                                                              
community condemnation.  He said, "There  is still a price  to pay                                                              
for  the  crime,  no  matter  what  happens  in  the  future  with                                                              
rehabilitation  and reformation."  He  said  he supports  programs                                                              
that help  people reform their  lives and be successful.  However,                                                              
Senate Bill 91 eliminated  a large part of it and  people were not                                                              
paying an  adequate price.  He said that  he supports SB  32 since                                                              
it,  along   with  the  other   three  crime  bills,   provides  a                                                              
reasonable  approach. He  said we  still  believe in  the hope  of                                                              
turning someone's  life around  during incarceration.  He supports                                                              
the  programs that  Chair  Hughes  mentioned. However,  the  basic                                                              
price, the  basic community  condemnation,  still needs to  occur,                                                              
which is why he supports SB 32.                                                                                                 
                                                                                                                                
3:35:40 PM                                                                                                                    
SENATOR  KIEHL said  he shares  the  view that  treatment has  not                                                              
been  robust  enough.  The  committee  has  heard  testimony  from                                                              
people on  how effective  treatment helped  them turn  their lives                                                              
around,  especially  with  the re-entry  provision  in  place.  He                                                              
would share  interest in  putting more focus  on treatment  in the                                                              
bill. At  the same time,  some people will  not reform  and should                                                              
remain  in prison.  He  said, "We  know  that putting  non-violent                                                              
offenders and  folks who struggle  with addiction in prison  for a                                                              
long  time  with  the  folks  from  whom  we  really  need  to  be                                                              
protected for  a long time  tends to increase  crime. It  tends to                                                              
make more victims."  He expressed concern with  some provisions in                                                              
SB 32,  which he characterized  as a recipe  to increase  crime in                                                              
Alaska, one that  would create more victims. He  acknowledged that                                                              
the ethics  law, which could use  a tweak, may stop  the committee                                                              
from  preparing  a committee  substitute,  but  it does  not  stop                                                              
Chair  Hughes  from voting  on  amendments  in committee.  He  was                                                              
interested in the committee taking up amendments on the bill.                                                                   
                                                                                                                                
3:37:31 PM                                                                                                                    
CHAIR HUGHES said  the committee will discuss how  to proceed. She                                                              
reviewed upcoming committee announcements.                                                                                      
                                                                                                                                
3:37:55 PM                                                                                                                    
CHAIR  HUGHES   remarked  that  she  appreciated   Senator  Kiel's                                                              
concerns.  She  said  that  to prevent  the  "recipe"  that  would                                                              
create  more victims  is to  separate  the first-time  non-violent                                                              
offenders,  and to  separate  those who  are  incarcerated due  to                                                              
substance  abuse. She  offered her  belief  that was  part of  the                                                              
problem,  that   they  were  intermixed   with  the   violent  and                                                              
criminally  minded offenders,  the  habitual  offenders. She  said                                                              
part  of  her  proposal  and  vision  is  to  put  the  first-time                                                              
offenders in  a separate facility  to stop churning out  people in                                                              
worse shape  who create  more victims  in the community.  Further,                                                              
it is  important to toughen  Alaska's laws  to stop the  influx of                                                              
criminals  from  outside  the  state. She  said  that  Alaska  has                                                              
become  a haven  from  the 30  or other  states  that have  "three                                                              
strike  laws" who  come  to Alaska.  She  has heard,  anecdotally,                                                              
from a number  of law enforcement officers that  nearly half their                                                              
cases are  related to suspects  and offenders from  outside Alaska                                                              
who  have come  to  Alaska. She  said  that drains  the  resources                                                              
Alaska has  to take  care of  its own  and to  make sure that  our                                                              
neighborhoods  are safe.  It  is important  that  Alaska does  its                                                              
best  to  ensure  that  those  going   into  its  system  have  an                                                              
opportunity  to  turn  their  life   around.  She  reiterated  the                                                              
importance  to stop  the  influx and  to  separate the  first-time                                                              
offenders.                                                                                                                      
                                                                                                                                
[SB 32 was held in committee.]                                                                                                  
                                                                                                                                
                                                                                                                                
3:40:07 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair  Hughes adjourned  the Senate  Judiciary Standing  Committee                                                              
meeting at 3:40 p.m.                                                                                                            

Document Name Date/Time Subjects
SJUD Agenda 2.9.19.pdf SJUD 2/9/2019 1:00:00 PM
SB32 - Version A.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SSTA 4/9/2019 3:30:00 PM
SSTA 4/11/2019 3:30:00 PM
SSTA 4/15/2019 6:00:00 PM
SB 32
SB 32 Transmittal Letter.pdf SFIN 4/24/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SSTA 4/4/2019 1:30:00 PM
SSTA 4/9/2019 3:30:00 PM
SSTA 4/15/2019 6:00:00 PM
SSTA 4/16/2019 3:30:00 PM
SSTA 4/18/2019 1:30:00 PM
SB 32
SB 32 - Classification and Sentencing Sectional.pdf SFIN 4/24/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SSTA 4/9/2019 3:30:00 PM
SSTA 4/11/2019 3:30:00 PM
SSTA 4/15/2019 6:00:00 PM
SB 32
SB32-DOA-PD-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32
SB32-DOA-OPA-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32
SB32-DOC-PopMgmt-IDO-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32
SB32-DPS-CJISP-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32
SB32-HSS-PS-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32
SB32-Law-CrimDiv-FN.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SB 32