Legislature(2019 - 2020)BELTZ 105 (TSBldg)

03/04/2019 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 12 ASSAULT; SEX OFFENSES; SENTENCING CREDIT TELECONFERENCED
Moved CSSSSB 12(JUD) Out of Committee
-- Public Testimony --
+= SB 35 CRIMES;SEX CRIMES;SENTENCING; PAROLE TELECONFERENCED
Scheduled but Not Heard
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 4, 2019                                                                                          
                           1:32 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Lora Reinbold, Vice Chair                                                                                               
Senator Mike Shower                                                                                                             
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 12                                                                                       
"An Act  relating to  crime and  criminal procedure;  relating to                                                               
assault and  sexual assault; relating to  harassment; relating to                                                               
credit  toward a  sentence of  imprisonment for  time spent  in a                                                               
treatment program  or under electronic monitoring;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     MOVED CSSS SB12(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act  relating to  probation; relating  to a  program allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
SENATE BILL NO. 35                                                                                                              
"An Act  eliminating marriage as  a defense to certain  crimes of                                                               
sexual assault;  relating to enticement  of a minor;  relating to                                                               
harassment in  the first  degree; relating  to harassment  in the                                                               
second degree;  relating to indecent  viewing or production  of a                                                               
picture;  relating   to  the  definition  of   'sexual  contact';                                                               
relating   to  assault   in  the   second  degree;   relating  to                                                               
sentencing;  relating  to  prior  convictions;  relating  to  the                                                               
definition of  'most serious felony'; relating  to the definition                                                               
of 'sexual  felony'; relating to  the duty  of a sex  offender or                                                               
child  kidnapper   to  register;  relating  to   eligibility  for                                                               
discretionary parole; and providing for an effective date."                                                                     
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 12                                                                                                                   
SHORT TITLE: ASSAULT; SEX OFFENSES; SENTENCING CREDIT                                                                           
SPONSOR(s): SENATOR(s) MICCICHE                                                                                                 
                                                                                                                                
01/16/19       (S)       PREFILE RELEASED 1/7/19                                                                                
01/16/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/19       (S)       JUD, FIN                                                                                               
02/13/19       (S)       SPONSOR SUBSTITUTE INTRODUCED-REFERRALS                                                                
02/13/19       (S)       JUD, FIN                                                                                               
02/13/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/13/19       (S)       Heard & Held                                                                                           
02/13/19       (S)       MINUTE(JUD)                                                                                            
02/15/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/15/19       (S)       Scheduled but Not Heard                                                                                
02/18/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/18/19       (S)       Heard & Held                                                                                           
02/18/19       (S)       MINUTE(JUD)                                                                                            
02/22/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/22/19       (S)       -- MEETING CANCELED --                                                                                 
02/25/19       (S)       JUD  WAIVED  PUBLIC HEARING  NOTICE,RULE                                                               
                         23                                                                                                     
02/28/19       (S)       JUD AT 5:00 PM BELTZ 105 (TSBldg)                                                                      
02/28/19       (S)       -- MEETING CANCELED --                                                                                 
03/01/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/01/19       (S)       Heard & Held                                                                                           
03/01/19       (S)       MINUTE(JUD)                                                                                            
03/04/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 34                                                                                                                   
SHORT TITLE: PROBATION; PAROLE; SENTENCES; CREDITS                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, FIN                                                                                               
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/11/19       (S)       JUD REFERRAL ADDED AFTER STA                                                                           
02/12/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/12/19       (S)       Heard & Held                                                                                           
02/12/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/14/19       (S)       Heard & Held                                                                                           
02/14/19       (S)       MINUTE(STA)                                                                                            
02/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/19/19       (S)       Heard & Held                                                                                           
02/19/19       (S)       MINUTE(STA)                                                                                            
02/21/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/21/19       (S)       Heard & Held                                                                                           
02/21/19       (S)       MINUTE(STA)                                                                                            
02/26/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/26/19       (S)       Heard & Held                                                                                           
02/26/19       (S)       MINUTE(STA)                                                                                            
02/28/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/28/19       (S)       Moved CSSB 34(STA) Out of Committee                                                                    
02/28/19       (S)       MINUTE(STA)                                                                                            
03/01/19       (S)       STA RPT CS  3DP 1DNP SAME TITLE                                                                        
03/01/19       (S)       DP: SHOWER, REINBOLD, MICCICHE                                                                         
03/01/19       (S)       DNP: COGHILL                                                                                           
03/01/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/01/19       (S)       Scheduled but Not Heard                                                                                
03/04/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions during the discussion of                                                               
SB 12.                                                                                                                          
                                                                                                                                
ERIK REED, representing himself                                                                                                 
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 12 as the                                                                      
survivor of a DUI crash that killed his wife.                                                                                   
                                                                                                                                
SYLVIA KENNEDY, Member                                                                                                          
49th Rising                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
SCOTT CARSON, representing himself                                                                                              
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 12 to strengthen                                                               
laws.                                                                                                                           
                                                                                                                                
DOROTHY KOEROK, representing herself                                                                                            
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: As a former victim, testified in support of                                                               
SB 12.                                                                                                                          
                                                                                                                                
KEELEY OLSON, Executive Director                                                                                                
Standing Together Against Rape                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
ELIZABETH WILLIAMS, representing self                                                                                           
No More Free Passes                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 12 because it                                                                  
helps change the culture surrounding sexual abuse and to keep                                                                   
victims informed of plea agreements.                                                                                            
                                                                                                                                
BETH FREAD, representing self                                                                                                   
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
MARJORIE LONG, representing self                                                                                                
Point Lay, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 12, as a victim                                                                
who wants to stop sexual assaults.                                                                                              
                                                                                                                                
VICKI JO KENNEDY, representing herself                                                                                          
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
CHRIS EICHENLAUB, representing self                                                                                             
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
LISA ELLANNA, Concerned Citizen                                                                                                 
Nome, Alaska                                                                                                                    
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
CARMEN LOWRY, Executive Director                                                                                                
Alaska Network on Domestic Violence & Sexual Assault (ANDVSA                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
JANELLE MANCHESTER, representing herself                                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 12.                                                                            
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and answered questions  during the                                                             
discussion of SB 34.                                                                                                            
                                                                                                                                
JENNIFER WINKELMAN, Director                                                                                                    
Division of Probation and Parole                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified during the discussion of SB 34.                                                                 
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:32:00 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 1:32  p.m. Present at the  call to                                                               
order  were Senators  Reinbold, Shower,  Micciche, and  Kiehl and                                                               
Chair Hughes.                                                                                                                   
                                                                                                                                
         SB 12-ASSAULT; SEX OFFENSES; SENTENCING CREDIT                                                                     
                                                                                                                                
1:33:10 PM                                                                                                                    
CHAIR HUGHES announced that the  first order of business would be                                                               
SPONSOR SUBSTITUTE  FOR SENATE BILL  NO. 12, "An Act  relating to                                                               
crime  and criminal  procedure;  relating to  assault and  sexual                                                               
assault;  relating to  harassment;  relating to  credit toward  a                                                               
sentence of  imprisonment for time  spent in a  treatment program                                                               
or under  electronic monitoring;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
[Before the committee was the  committee substitute (CS) for SSSB                                                               
12, work order 31-LS0263\O.1, referred to as Version O.]                                                                        
                                                                                                                                
1:33:58 PM                                                                                                                    
CHAIR HUGHES made opening remark and reviewed the process taken                                                                 
on SB 12, including that public testimony was previously taken                                                                  
and is now closed.                                                                                                              
                                                                                                                                
1:34:19 PM                                                                                                                    
SENATOR KIEHL made a motion to adopt Amendment 1 to SB 12, work                                                                 
order 31-LS0263\O.1, Radford, 2/28/19.                                                                                          
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSSSB 12(JUD), Draft Version "O"                                                                                     
                                                                                                                                
     Page 2, line 26, through page 3, line 7:                                                                                   
          Delete all material and insert:                                                                                       
        "* Sec. 3. AS 12.55.027(d) is amended to read:                                                                      
          (d)  A court may grant credit against a sentence                                                                      
     of  imprisonment   for  time  spent   under  electronic                                                                    
     monitoring if                                                                                                              
               (1)  the person has not committed a criminal                                                                 
     offense while under electronic monitoring;                                                                             
               (2)  the electronic monitoring is ordered in                                                                 
     connection with  an offense that  is not a  sex offense                                                                
     as defined in AS 12.63.100; and                                                                                        
               (3)  the court imposes restrictions on the                                                                   
     person's freedom  of movement and behavior  while under                                                                    
     the electronic monitoring  program, including requiring                                                                    
     the person to be confined to a residence except for a                                                                      
               (A)  [(1)] court appearance;                                                                                 
              (B)  [(2)] meeting with counsel; or                                                                           
               (C)  [(3)] period during which the person is                                                                 
     at a location ordered by  the court for the purposes of                                                                    
     employment,   attending   educational   or   vocational                                                                    
     training,  performing  community   volunteer  work,  or                                                                    
     attending   a   rehabilitative  activity   or   medical                                                                    
     appointment."                                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 8, line 31:                                                                                                           
          Delete "AS 12.55.027(g)"                                                                                              
          Insert "AS 12.55.027(g)(3)"                                                                                           
                                                                                                                                
     Page 9, lines 4 - 5:                                                                                                       
          Delete "repealed and reenacted"                                                                                       
          Insert "amended"                                                                                                      
                                                                                                                                
     Page 9, line 5:                                                                                                            
          Delete "AS 12.55.027(e), as amended by sec. 4 of                                                                      
     this Act,"                                                                                                                 
                                                                                                                                
     Page 9, line 6:                                                                                                            
          Delete "sec. 5"                                                                                                       
          Insert "sec. 4"                                                                                                       
          Delete "sec. 6"                                                                                                       
          Insert "sec. 5"                                                                                                       
                                                                                                                                
     Page 9, line 7:                                                                                                            
          Delete "sec. 7"                                                                                                       
          Insert "sec. 6"                                                                                                       
                                                                                                                                
     Page 9, line 8:                                                                                                            
          Delete "sec. 8"                                                                                                       
          Insert "sec. 7"                                                                                                       
          Delete "sec. 9"                                                                                                       
          Insert "sec. 8"                                                                                                       
                                                                                                                                
     Page 9, line 9:                                                                                                            
          Delete "AS 12.55.027(g) by sec. 10"                                                                                   
          Insert "AS 12.55.027(g)(3) by sec. 9"                                                                                 
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
1:34:39 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
1:35:18 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
1:35:34 PM                                                                                                                    
SENATOR KIEHL explained  that Amendment 1 relates  to credits for                                                               
electronic monitoring  called Nygren credits [based  on Nygren v.                                                               
State  (1980)]. This  provision would  remove the  opportunity to                                                               
receive credit  for time  spent on  electronic monitoring  if the                                                               
offender  is  ultimately convicted  of  a  sex offense.  However,                                                               
credit  for   time  spent  on  electronic   monitoring  would  be                                                               
available for those who are  ultimately convicted of crimes other                                                               
than sex offense  crimes. He offered his belief  that [credit for                                                               
electronic  monitoring for  non-sex offenders]  is a  much bigger                                                               
policy  question  than  SB  12   was  intended  to  address.  The                                                               
underlying bill is a good bill  since it would close loopholes in                                                               
the Justin Schneider case and address some sex offense issues.                                                                  
                                                                                                                                
He  explained that  under Amendment  1, anyone  accused of  a sex                                                               
offense  would  not  get  credit for  time  spent  on  electronic                                                               
monitoring during  the pretrial  phase. He surmised  that non-sex                                                               
offenders who receive  credit for time served are  more likely to                                                               
succeed  in   society.  For  example,  one   scenario  previously                                                               
discussed in committee  pertained to offenders who  are off their                                                               
medications and need mental health  treatment. If these offenders                                                               
could obtain electronic monitoring  credits, it might be possible                                                               
for  them to  retain their  jobs, continue  their treatment,  and                                                               
stay  connected to  their families,  and stay  out of  prison. He                                                               
pointed  out that  currently  Lemon  Creek Correctional  Facility                                                               
(LCCF)  does not  offer drug  treatment programs.  If these  same                                                               
offenders in  the scenario described are  incarcerated, they will                                                               
be  subjected to  the adverse  aspects of  criminals who  clearly                                                               
need to be imprisoned.                                                                                                          
                                                                                                                                
He emphasized  that under  Amendment 1, a  sex offender,  such as                                                               
Justin  Schneider,  would  be  incarcerated   and  would  not  be                                                               
eligible  to receive  credit for  electronic monitoring,  but the                                                               
amendment would not go beyond that, he said.                                                                                    
                                                                                                                                
1:38:19 PM                                                                                                                    
CHAIR HUGHES  remarked that  medications are  administered within                                                               
the  prison system  so the  idea of  someone who  is incarcerated                                                               
having to  be off their  medication is not accurate.  In speaking                                                               
with   the   Commissioner   Designee  for   the   Department   of                                                               
Corrections,  the department  intends  to  expand drug  treatment                                                               
within the  prison system.  Further, pre-sentence  drug treatment                                                               
is counted as good time, she said.                                                                                              
                                                                                                                                
She   expressed  concern   that  Amendment   1  would   reinstate                                                               
electronic  monitoring  for all  crimes  except  sex crimes.  She                                                               
pointed  out  that this  includes  a  disturbing set  of  crimes,                                                               
including  crimes involving  domestic violence  as defined  in AS                                                               
18.66.990,   an  offense   involving   delivering  a   controlled                                                               
substance to a  minor in AS 11.71, burglary in  the first degree,                                                               
and arson  in the first degree  under AS 11.46.400, and  a felony                                                               
crime against a person under  AS ll.41. She reminded members that                                                               
AS  11.41  is  the  cite  that  includes  strangulation  and  the                                                               
enhanced    sentencing   structure    for   offenses    involving                                                               
strangulation.                                                                                                                  
                                                                                                                                
CHAIR  HUGHES said  that to  say that  the bill  goes beyond  the                                                               
scope  of  its  original  intent   by  not  allowing  credit  for                                                               
electronic monitoring is completely  inaccurate. Mr. Skidmore put                                                               
on  the record  that defendants  are purposefully  stretching out                                                               
their   time  on   electronic  monitoring   in  order   to  avoid                                                               
incarceration. She  emphasized that this section  speaks directly                                                               
to  what allowed  many criminals,  including Justin  Schneider to                                                               
avoid jail  time. As  the committee  heard from  many testifiers,                                                               
the time for free passes has  to end. She said the committee will                                                               
hear  testimony  from a  man  whose  wife  was  killed in  a  DUI                                                               
[Driving while Under the Influence]  and that person has been out                                                               
on  an ankle  electronic monitor.  This  man and  his son  suffer                                                               
daily, but  the man  who killed  his wife  has been  enjoying the                                                               
luxury of  being in  his own  home on an  ankle monitor,  free to                                                               
watch television,  and to eat what  he wants to eat.  She offered                                                               
her belief that  this pre-sentence credit does not  seem right or                                                               
fair to  the victims.  She reiterated that  many of  these crimes                                                               
listed are  very serious  crimes. She said  she will  not support                                                               
[Amendment 1.]                                                                                                                  
                                                                                                                                
1:42:00 PM                                                                                                                    
SENATOR MICCICHE remarked that another  thing to consider is that                                                               
electronic monitoring can be part  of a sentence post-conviction.                                                               
This  removes the  credit  for  pretrial time,  but  it does  not                                                               
eliminate  post-conviction credits.  Further, [Amendment  1] also                                                               
assumes  that sex  crimes result  in convictions,  but often  sex                                                               
crimes  are a  product of  other crimes,  such as  burglaries and                                                               
domestic  violence.  He  said that  someone  could  still  obtain                                                               
electronic monitoring credit even if  the person was convicted of                                                               
the other  crimes. He  maintained his  belief that  the direction                                                               
taken  in [Version  O]  is  the right  one.  Finally, this  would                                                               
essentially be giving  the same rights to someone  convicted of a                                                               
very serious crime as to someone  who is proven innocent. He said                                                               
that he cannot support Amendment 1.  He said that the courts have                                                               
discretion  for   special  cases.   This  language   removes  the                                                               
incentive for defendants to stretch  out their cases, he said. He                                                               
pointed out that the Justin  Schneider case was delayed six times                                                               
at  the  request  of  defense counsel,  and  five  times  pending                                                               
negotiation,  which delayed  sentencing to  just beyond  the one-                                                               
year timeframe.  The reality is  that Justin Schneider  was given                                                               
credit for  the year on  electronic monitoring and  suspended the                                                               
remaining one-year  sentence, which mean "he  walked." He offered                                                               
his  belief that  it is  appropriate in  this case  and in  other                                                               
cases  where sexual  assault might  not be  proven, so  for those                                                               
reasons he cannot support [Amendment 1].                                                                                        
                                                                                                                                
1:45:01 PM                                                                                                                    
CHAIR HUGHES  appreciated that an innocent  person pre-conviction                                                               
must bear  the loss of time  whereas the person who  is convicted                                                               
would obtain a benefit from electronic monitoring credit.                                                                       
                                                                                                                                
1:45:52 PM                                                                                                                    
JOHN  SKIDMORE,  Director,  Criminal  Division,  Central  Office,                                                               
Department of  Law, Anchorage,  stated that  the points  that the                                                               
sponsor  and Chair  Hughes made  are well  founded. He  said that                                                               
[Amendment  1]  would  allow  individuals  to  obtain  additional                                                               
credit towards their sentences.  He directed attention to current                                                               
AS  12.55.027, such  that  the amount  of  credit for  electronic                                                               
monitoring is limited for certain  types of crimes, but for other                                                               
crimes is  unlimited. In the  felony DUI case  mentioned earlier,                                                               
the  person  will  get  credit  for all  of  the  time  spent  on                                                               
electronic monitoring  pretrial no matter  the length of  the DUI                                                               
sentence. The  murder aspect  would be limited  to one  year, but                                                               
the other  aspects would not,  he said.  He pointed out  that the                                                               
Justin Schneider case would  receive electronic monitoring credit                                                               
under Amendment 1 because he did  not commit a sex crime since he                                                               
committed the  crime of strangulation.  He directed  attention to                                                               
other crimes  that offenders could receive  electronic monitoring                                                               
credit for, including misconduct involving  weapons or a drive by                                                               
shooting.  A  person  could receive  unlimited  credit  while  on                                                               
electronic monitoring pretrial or  for promoting contraband, such                                                               
as bringing weapons  or drugs into prison  facilities. He related                                                               
that  misconduct   involving  a   corpse,  cruelty   to  animals,                                                               
misconduct  involving  controlled  substances,  and  interference                                                               
with constitutional  rights are  crimes in which  offenders could                                                               
serve their  entire jail  on electronic  monitoring, he  said. He                                                               
characterized this as  the type of policy call  that members face                                                               
when considering Amendment 1.                                                                                                   
                                                                                                                                
1:49:01 PM                                                                                                                    
SENATOR  KIEHL wondered  if the  public defender  could speak  to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
CHAIR HUGHES responded that the person is not online.                                                                           
                                                                                                                                
1:49:41 PM                                                                                                                    
SENATOR KIEHL  said that  he appreciated  the discussion  and the                                                               
information that with  the remainder of the bill  that the Justin                                                               
Schneider crime  would fall  within sex crimes  and he  would not                                                               
have been  allowed to be  on electronic monitoring. He  said that                                                               
is  important since  it  matches  with his  intent.  Some of  the                                                               
arguments did not resonate with  him, such as watching television                                                               
on  electronic  monitoring,  since correctional  facilities  also                                                               
have television.  He also  pointed out  that a  person who  is in                                                               
prison  awaiting trial  who is  ultimately  found innocent  would                                                               
also have lost time that the individual could not get back.                                                                     
                                                                                                                                
He said that  prosecutors testify that changing  the law benefits                                                               
the  defense and  defense  attorneys testify  that  it tilts  the                                                               
table  in  favor  of  the prosecution.  He  emphasized  that  his                                                               
interest lies with individuals who  need mental health treatment,                                                               
such  as 90  meetings  in  90 days  outpatient  drug and  alcohol                                                               
treatment.  He   reminded  members  that  individuals   who  [are                                                               
arraigned] have  a constitutional right to  a trial by a  jury of                                                               
their  peers. He  expressed concern  that these  people are  less                                                               
likely  to get  back  on  the straight  and  narrow. He  directed                                                               
attention to  the first line  of Amendment  1 and said  the court                                                               
"may" not  "shall" grant credit  against a sentence,  which gives                                                               
the  courts  discretion. He  offered  his  belief  that it  is  a                                                               
worthwhile tool that  should be kept outside of the  realm of sex                                                               
crimes. He  suggested that  in this  instance discretion  has the                                                               
potential  to reduce  crime  and  that should  be  the focus.  He                                                               
encouraged a "yes" vote on [Amendment 1].                                                                                       
                                                                                                                                
1:52:23 PM                                                                                                                    
CHAIR  HUGHES appreciated  that  the sponsor  of  Amendment 1  is                                                               
interested  in having  offenders "get  back on  the straight  and                                                               
narrow"  since  it helps  keep  communities  safe. In  her  view,                                                               
nothing in the crime package would  try to change that goal since                                                               
to  goal is  to have  safe communities.  She stated  that she  is                                                               
working with the DOC to make  changes within the system. She said                                                               
that   inmates  can   receive  mental   health  treatment   while                                                               
incarcerated.  She  explained  her  concern  about  offenders  on                                                               
electronic  monitoring is  that they  choose what  to watch,  but                                                               
correctional officers  have control over the  remote control. She                                                               
emphasized   that  offenders   on   electronic  monitoring   have                                                               
substantially more freedom.                                                                                                     
                                                                                                                                
1:53:39 PM                                                                                                                    
SENATOR  MICCICHE offered  to clarify  the  bill. He  said if  an                                                               
individual is accused of a crime  and spends a year on electronic                                                               
monitoring, and  is not  guilty, the person  loses that  year the                                                               
individual  spent on  electronic monitoring.  He said  if someone                                                               
else  is accused  of  a crime  and spends  a  year on  electronic                                                               
monitoring [and is found guilty],  the person is given credit for                                                               
serving  the same  amount of  time  as the  innocent person.  The                                                               
Constitution   of  the   State  of   Alaska  requires   community                                                               
condemnation or  "paying" the  price to  society for  that crime.                                                               
Electronic monitoring spent  in a luxury home on  Kachemak Bay in                                                               
his view  is not  paying a  price to society  for that  crime. He                                                               
emphasized  that he  believes in  rehabilitation and  helping the                                                               
offender to succeed  once the person has done  so. However, [one]                                                               
problem with  Senate Bill  91 is  that it  seemed to  forget that                                                               
there is a  price to be paid for crimes  against others, and once                                                               
paid, the system works to help the person succeed.                                                                              
                                                                                                                                
He said  that someone in a  low-level crime who is  not likely to                                                               
benefit from incarceration can pay  that price in some other way,                                                               
the courts  can still  use electronic  monitoring post-conviction                                                               
to avoid incarceration.  He considered Amendment 1 as  a means to                                                               
default  to  electronic  monitoring  as a  means  of  paying  the                                                               
sentence,  and  [SB 12]  uses  electronic  monitoring in  special                                                               
cases   to   manage   sentencing   if  it   meets   very   narrow                                                               
qualifications. He said that is the only difference.                                                                            
                                                                                                                                
1:56:04 PM                                                                                                                    
SENATOR MICCICHE maintained his objection.                                                                                      
                                                                                                                                
1:56:14 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment 1  and Senators Reinbold, Shower,  Micciche, and Hughes                                                               
voted against it. Therefore, Amendment 1 failed by a 1:4 vote.                                                                  
                                                                                                                                
1:56:47 PM                                                                                                                    
CHAIR HUGHES opened public testimony on SB 12.                                                                                  
                                                                                                                                
1:57:12 PM                                                                                                                    
ERIK REED,  representing himself, Wasilla, stated  that his wife,                                                               
Brandy Jean Reed, died on December  13, 2017 due to drunk driving                                                               
crash.  He and  his son  survived.  The man  responsible for  his                                                               
wife's  death  has  been  out  for  over  a  year  on  electronic                                                               
monitoring, first  with his family,  girlfriend and  children and                                                               
now with  a childhood best friend.  He said that the  offender is                                                               
free  to live  his life.  He  said he  has tried  to maintain  an                                                               
attitude of  forgiveness so he can  teach his son how  to abstain                                                               
from a life of revenge.                                                                                                         
                                                                                                                                
He said that it has been  hard and traumatic. Time and time again                                                               
he  must  relive   it  and  he  is  not   being  compensated.  He                                                               
characterized the  process as a  continuous one and said  he does                                                               
not attend  the pre-trial conference proceedings  because he does                                                               
not want to "pay  the man back for the life that  he took and the                                                               
lives that he destroyed." He said  his wife had four children and                                                               
a large  family and friends in  the Mat-Su Valley. He  said it is                                                               
unjust  to say  that the  offender could  do anything  that would                                                               
help preserve her  memory and bring her back. It  would be a slap                                                               
in the face  if the offender receives any credit  for time served                                                               
on electronic  monitoring for pretrial or  post-trial because the                                                               
family will  never get  Brandy Jean  Reed back  ever. He  said he                                                               
must live the  life he has been  given to live. He  must abide by                                                               
the laws  and be an  upstanding member  of society. He  hopes the                                                               
committee  will take  into consideration  that victims  exist. He                                                               
related that people talk about  reform, reformation of criminals,                                                               
finances, money, but no one talks to the victims.                                                                               
                                                                                                                                
1:59:20 PM                                                                                                                    
CHAIR HUGHES remarked that she was sorry for his loss.                                                                          
                                                                                                                                
1:59:29 PM                                                                                                                    
SYLVIA KENNEDY,  Member, 49th Rising, Anchorage,  stated that she                                                               
has friends that  have suffered crimes and this type  of crime is                                                               
one that  can be  traced back  to biblical  times. She  said that                                                               
people are often not punished for  their crimes. She said she did                                                               
not think  sexual offenders should use  electronic monitoring and                                                               
all  sex offenders  need  to  be registered.  She  said that  the                                                               
Justin Schneider  case was a  travesty and  she hoped that  SB 12                                                               
passes the legislature.                                                                                                         
                                                                                                                                
2:01:03 PM                                                                                                                    
SCOTT CARSON,  representing himself,  Juneau, said he  has worked                                                               
in law  enforcement for 20  years. He spoke  in support of  SB 12                                                               
since it will  close loopholes and strengthen laws  in the state.                                                               
He  said  that  Alaska  leads  the nation  as  one  of  the  most                                                               
dangerous states  in terms  of sex crimes.  He related  that from                                                               
his  work  experience,  sexual  assaults are  some  of  the  most                                                               
damaging for victims and families.                                                                                              
                                                                                                                                
2:02:19 PM                                                                                                                    
DOROTHY KOEROK,  representing herself, Palmer, said  that in 2017                                                               
she was hired for a mining  project. She said she was not welcome                                                               
and  was   dishonored.  She  continually  had   to  wrestle  with                                                               
inappropriate  comments.  She  said  that  she  was  drugged  and                                                               
sexually  assaulted,  and  it  was   reported  to  her  immediate                                                               
supervisor. She  said once she was  off the boat [she  dealt with                                                               
various  agencies],  including  the Alaska  State  Troopers,  the                                                               
United States  Coast Guard,  the Office  of Victims'  Rights, and                                                               
the Human  Rights Commission.  During this  process she  felt she                                                               
was shamed, that  staff wanted to know what motivated  the men to                                                               
put  her in  an  altered  state of  consciousness.  She said  her                                                               
throat was damaged  in the process. In response  to Chair Hughes,                                                               
she  responded   that  she  supports   SB  12  in   reference  to                                                               
strangulation and use of a dangerous object.                                                                                    
                                                                                                                                
2:06:38 PM                                                                                                                    
KEELEY  OLSON,  Executive  Director,  Standing  Together  Against                                                               
Rape, Anchorage, testified  in support of all the  changes to the                                                               
law except  for Senator Kiehl's  amendment in response  to credit                                                               
for electronic  monitoring. She appreciated  the advocacy  by the                                                               
bill sponsor and the committee.                                                                                                 
                                                                                                                                
2:08:06 PM                                                                                                                    
ELIZABETH  WILLIAMS,  representing  self, No  More  Free  Passes,                                                               
Anchorage, spoke  in support  of the  revision that  will require                                                               
prosecutors  to consult  with the  victim. She  said some  former                                                               
prosecutors   serve  on   her  organization's   board  and   that                                                               
prosecutors  already  consider it  to  be  the best  practice  to                                                               
affirmatively  reach out  to victims.  However, some  victims say                                                               
this does  not always  happen. This  change is  important because                                                               
the expectation is  in law that the prosecutor  "shall" reach out                                                               
to  the victim.  Currently,  the victim  shall  request that  the                                                               
prosecutor  confer with  the victim  regarding a  plea agreement.                                                               
This bill  would shift the  burden to the  state to reach  out to                                                               
the  victim.  Although  it  may  not  seem  like  a  big  change,                                                               
legislation shapes  culture. She  listed the  number of  things a                                                               
victim must do throughout the  judicial process if the individual                                                               
is sexually  assaulted. She  said that she  is very  pleased with                                                               
this change.                                                                                                                    
                                                                                                                                
2:10:44 PM                                                                                                                    
BETH FREAD, representing self, Palmer,  expressed her support for                                                               
SB 12 especially  related to electronic monitoring.  She said she                                                               
missed  the "marriage"  portion of  the crime  bill. She  thanked                                                               
members for the opportunity to testify.                                                                                         
                                                                                                                                
CHAIR  HUGHES  referred to  another  bill  that addresses  sexual                                                               
crimes, which is SB 35, and  that bill contains the provision she                                                               
mentioned on marriage.                                                                                                          
                                                                                                                                
2:11:54 PM                                                                                                                    
MARJORIE  LONG,  representing  self,  Point  Lay,  said  she  was                                                               
sexually  assaulted by  a family  member.  She said  that she  is                                                               
speaking out  because she  heard that  this person  has assaulted                                                               
another person. At  the time of her assault, the  village did not                                                               
have  any village  public safety  officers (VPSOs).  She did  not                                                               
have any support  or way of handling rape. She  said she lives in                                                               
a community  where many women carry  a burden like this  one. She                                                               
said that  she supports the bill  so that more women  will not be                                                               
choked during a sexual assault.                                                                                                 
                                                                                                                                
2:13:26 PM                                                                                                                    
CHAIR HUGHES thanked her for her bravery in speaking up.                                                                        
                                                                                                                                
2:13:35 PM                                                                                                                    
VICKI JO KENNEDY, representing herself,  Kodiak, said she is glad                                                               
strangulation was  included [as a  crime] in the bill  because it                                                               
is difficult  to prove since it  often does not leave  marks. She                                                               
said she  was sexually  assaulted in 2013.  She sought  help from                                                               
the  Kodiak Women's  Resource and  Crisis Center.  She emphasized                                                               
the need  to "put teeth  in this bill"  and remove Alaska  as the                                                               
state with  the highest number  of sexual offenses in  the nation                                                               
per capita. She testified in support of SB 12.                                                                                  
                                                                                                                                
2:15:32 PM                                                                                                                    
CHRIS EICHENLAUB,  representing self,  Eagle River,  testified in                                                               
support of  SB 12. He  thanked members  for working to  close the                                                               
loopholes. He  said that perpetrators typically  strike more than                                                               
once.  He  said he  hopes  the  bill  passes. He  suggested  that                                                               
members might talk about castration down the road.                                                                              
                                                                                                                                
2:16:33 PM                                                                                                                    
LISA ELLANNA, Volunteer Advocate,  Concerned Citizens, Nome, said                                                               
that she  works as a  volunteer for sexual and  domestic violence                                                               
victims  in the  region. She  said several  years ago  some women                                                               
started  meeting  informally  to   share  their  experiences  and                                                               
discovered that many of their  situations were not being properly                                                               
handled. She  spoke in support of  SB 12. She referred  to a 2014                                                               
Alaska Victimization  Survey in  the Nome  area conducted  by the                                                               
University  of  Alaska  Justice  Center,  which  showed  that  51                                                               
percent  of   adult  women  have  experienced   intimate  partner                                                               
violence,  sexual  violence or  both  in  their lifetime  and  of                                                               
those,  11 percent  have experienced  that violence  in the  past                                                               
year.                                                                                                                           
                                                                                                                                
She said  the State of  Alaska reports  that one in  three Alaska                                                               
Native women  have experienced sexual  violence at some  point in                                                               
their lives. One out of  two Alaska Native women have experienced                                                               
sexual violence other  than rape. The U.S.  Department of Justice                                                               
estimates that nationally only 30  percent of rapes are reported.                                                               
She offered  her belief that  a much smaller percentage  of rapes                                                               
are reported in Alaska, in  part, due to isolated communities and                                                               
that law  enforcement does not  exist in many villages.  She said                                                               
telling someone  that sexual  assault has  happened is  very hard                                                               
and  she wanted  to honor  the  victims, as  survivors, who  come                                                               
forward to  allow them to  seek justice. She  expressed gratitude                                                               
to  the committee  for putting  this bill  forward since  it will                                                               
tighten up  loopholes. In addition,  she thanked  the legislature                                                               
for  its focus  on  this human  rights issue.  Not  only does  it                                                               
affect  the  Bering Strait  Region,  but  it affects  the  entire                                                               
state, so she is glad the  state has taken strides to make Alaska                                                               
a safer place. This issue  extends nationally and internationally                                                               
to  give  resources to  enforce  the  laws.  As the  state  moves                                                               
forward to tighten up loopholes,  it is also important to provide                                                               
the resources  necessary to  enforce the  laws. The  region needs                                                               
more public  safety, including Alaska State  Troopers and Village                                                               
Public Safety Officers (VPSO) in rural areas.                                                                                   
                                                                                                                                
CHAIR HUGHES thanked her for sharing her perspective.                                                                           
                                                                                                                                
2:20:49 PM                                                                                                                    
SENATOR REINBOLD  thanked her  for her  advocacy and  activism in                                                               
her  community. She  acknowledged  the high  incidence of  sexual                                                               
assault  in her  area. She  asked  for clarification  if she  was                                                               
saying her area has more unreported sexual assault.                                                                             
                                                                                                                                
MS.  ELLANNA  answered  that  way   fewer  people  report  sexual                                                               
violence occurrences to public safety  officers than the national                                                               
rate.                                                                                                                           
                                                                                                                                
2:21:54 PM                                                                                                                    
SENATOR REINBOLD  solicited her  comments on how  the legislature                                                               
can make a difference.                                                                                                          
                                                                                                                                
CHAIR HUGHES  stated that written  testimony can be  submitted to                                                               
senate.judiciary@akleg.gov                                                                                                      
                                                                                                                                
2:22:56 PM                                                                                                                    
CARMEN  LOWRY, Executive  Director,  Alaska  Network on  Domestic                                                               
Violence  &  Sexual Assault  (ANDVSA),  echoed  that victims  and                                                               
survivors  are grateful  for the  leadership and  effort to  make                                                               
these  crimes so  much  more public.  One  testifier spoke  about                                                               
culture  and  how   laws  can  change  culture.   She  said  that                                                               
surrounding  sexual violence  is a  culture of  silence and  many                                                               
people think  this refers to  victims not speaking out,  but much                                                               
of it  is because  the rest of  the people do  not speak  out. It                                                               
could be teachers, parents, or  people in religious places who do                                                               
not speak out.  As policy makers and legislators speak  out, as a                                                               
survivor she  is grateful. She said  she hoped that as  Alaska is                                                               
creating  a safer  place it  may  result in  more reporting.  The                                                               
ANDVSA network  in very much  in support  of SB 12.  She directed                                                               
attention   to  Section   9,  previously   discussed,  that   the                                                               
prosecuting attorney  "shall make a reasonable  effort" to confer                                                               
with  the victim.  The ANDVSA  would  like to  see "a  reasonable                                                               
effort"  defined.  She expressed  an  interest  in ensuring  that                                                               
systems  are in  place for  victims to  be involved  in reporting                                                               
their experiences in a safe way.                                                                                                
                                                                                                                                
SENATOR  MICCICHE  acknowledged  that  a legal  definition  of  a                                                               
"reasonable"  effort was  partially  explained  by Mr.  Skidmore.                                                               
This bill came about because of  Judge Michael Corey. It is not a                                                               
judge's  role to  push prosecutors  to  have a  greater level  of                                                               
input  from the  victim.  In  this particular  case  it may  have                                                               
resulted in  the victim  being willing to  step forward.  If that                                                               
had  happened perhaps  a more  substantial case  could have  been                                                               
made against  Justin Schneider and  he would be in  prison paying                                                               
for his crimes.  He explained that the crimes  were multiple even                                                               
if these  offenses were not  recognized in existing law.  He said                                                               
prosecutors  will reach  out, with  the goal  being to  encourage                                                               
victims to engage and participate  and help put offenders who are                                                               
guilty of  heinous crimes behind  bars for an  appropriate amount                                                               
of  time. He  acknowledged  in some  instances  the victims  will                                                               
accept the plea agreement because they  do not want to go through                                                               
the courtroom proceedings. The legislature  is not going to force                                                               
them to go through that process. That will be up to them.                                                                       
                                                                                                                                
2:26:47 PM                                                                                                                    
CHAIR  HUGHES remarked  that prosecutors  consider it  as a  best                                                               
practice to keep victims informed,  but it has been inconsistent.                                                               
She asked Mr. Skidmore to indicate what reasonable effort means.                                                                
                                                                                                                                
MR. SKIDMORE answered  that reasonable is a  term used throughout                                                               
the law and in statute.  However, it is not specifically defined.                                                               
He stated that the DOL  would consider reasonable efforts to mean                                                               
reaching out  to the victim  by using contact information  in the                                                               
case file.  He said  in some instances,  additional steps  can be                                                               
made,  particularly  in more  egregious  cases,  to try  to  make                                                               
contact  with them  from a  last known  address, or  to go  to an                                                               
employer  to  attempt   to  contact  the  victim.   He  said  the                                                               
department would not  do that in every case, that  it would be an                                                               
exception. He  said that the  department emphasizes  getting good                                                               
contact  information and  tries  to stay  in  touch with  victims                                                               
throughout the process.  He envisioned that would  be the process                                                               
the department would use.                                                                                                       
                                                                                                                                
2:28:22 PM                                                                                                                    
SENATOR KIEHL  said that  he was very  interested in  Ms. Lowry's                                                               
perspective  and   recommendation  on  "reasonable   effort."  He                                                               
expressed concerns since the statute  indicates that a prosecutor                                                               
"has a  duty to confer"  with the victim.  He said he  is hearing                                                               
the  department indicate  it needs  good  contact information  to                                                               
meet "reasonable effort."                                                                                                       
                                                                                                                                
MS.  LOWRY said  that  a  connection with  the  local program  or                                                               
advocacy  service  provider can  help  to  bridge that  gap.  For                                                               
example, the  Anchorage area has advocates.  She suggested making                                                               
sure that the  network works with the prosecutor to  reach out to                                                               
the  victim. She  said  that making  sure  that victim  advocates                                                               
understand  what   that  means   would  be  helpful   to  provide                                                               
additional support  to victims. She also  suggested ensuring that                                                               
the victim  knows what  is entailed  if the  victim talks  to the                                                               
prosecutor.                                                                                                                     
                                                                                                                                
2:30:19 PM                                                                                                                    
CHAIR HUGHES asked whether the  department would develop internal                                                               
policies that might  include victim advocacy groups  who may have                                                               
contact information for the victim.                                                                                             
                                                                                                                                
MR. SKIDMORE said  that the Department of  Law's practice already                                                               
includes  reaching out  to victim  advocacy  groups and  shelters                                                               
when it is known that the  victim has sought out their assistance                                                               
and services.  He said  that is  certainly one  of the  steps the                                                               
department  would try  to undertake  and is  part of  the typical                                                               
contact  information the  department acquires.  In addition,  the                                                               
department may have  a personal cell phone,  e-mail address, home                                                               
or work phone,  or advocacy shelter phone number.  This all falls                                                               
within  the  gamut of  what  would  be considered  as  reasonable                                                               
steps. These are all steps  the Department of Law currently tries                                                               
to  undertake.  He  said  this language  would  just  provide  an                                                               
additional  incentive  to  require  the department,  by  law,  to                                                               
record the information in the department's files.                                                                               
                                                                                                                                
2:31:58 PM                                                                                                                    
JANELLE MANCHESTER,  representing herself, Fairbanks,  stated her                                                               
support for  SB 12 as  it closes  the loopholes related  to semen                                                               
and  strangulation.  She  said   that  she  appreciates  that  it                                                               
increases sentences for all  assaults that involve strangulation,                                                               
and it disallows time spent  on electronic monitoring counting as                                                               
compliance credit.  She also supports that  prosecutors must make                                                               
a reasonable effort to consult with victims.                                                                                    
                                                                                                                                
2:33:02 PM                                                                                                                    
CHAIR HUGHES, after  first determining no one  wished to testify,                                                               
closed public testimony on SB 12.                                                                                               
                                                                                                                                
2:33:15 PM                                                                                                                    
SENATOR REINBOLD  moved to report  the committee  substitute (CS)                                                               
for SSSB  12, work order  31-LS0263\0, referred to as  Version O,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
SENATOR MICCICHE  objected. He said  he appreciated the  time the                                                               
committee spent on  this bill since some  things were overlooked.                                                               
One  was   the  required  interaction  [with   victims]  on  plea                                                               
agreements.   Another  consideration   was   the  discussion   of                                                               
increasing  penalties for  strangulation in  the commission  of a                                                               
sex crime.  This bill has  identified and remedied  the loopholes                                                               
in  the Justin  Schneider  case and  that is  what  this bill  is                                                               
about. The  public was  appalled at  the outcome,  as was  he. He                                                               
recapped  the bill,  that  it  redefines a  sex  crime by  adding                                                               
unwanted contact  with semen. It  would require registering  as a                                                               
sex offender  for the offenses  that Justin  Schneider committed.                                                               
It would  increase penalties for strangulation  in the commission                                                               
of a  sex crime  and no  longer allows credit  for time  spent on                                                               
electronic  monitoring.  Finally,  it requires  that  prosecutors                                                               
consult with victims for plea agreements.                                                                                       
                                                                                                                                
2:35:10 PM                                                                                                                    
SENATOR REINBOLD  said this  is one step,  but an  important one.                                                               
She  said that  a  judge did  not get  reelected  because of  the                                                               
fallout from loopholes  in the law. She  thanked Senator Micciche                                                               
for bringing this forward. She  appreciated having changes to the                                                               
bill presented  as individual amendments.  She said that  she can                                                               
support the committee  substitute. She hoped to  continue to work                                                               
on this issue and strengthen criminal laws.                                                                                     
                                                                                                                                
2:36:08 PM                                                                                                                    
CHAIR HUGHES thanked  the sponsor for bringing  this forward. She                                                               
thanked Judge Corey because he  brought Section 9 to the sponsor,                                                               
which is  an important  addition. She  also thanked  the governor                                                               
and the Department  of Law for their support and  efforts to make                                                               
this a  solid bill. She  said the  committee took time  to ensure                                                               
the  issues were  addressed. She  said  she is  pleased with  the                                                               
committee  substitute. She  said one  of the  ways this  bill can                                                               
help make  communities safer is  that it provides  information to                                                               
the public that  perpetrators will be held  accountable for their                                                               
crimes.  She offered  her belief  that  the reporting  statistics                                                               
will improve as a result.                                                                                                       
                                                                                                                                
2:37:42 PM                                                                                                                    
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
There  being  no  further  objection,   the  CSSSSB  12(JUD)  was                                                               
reported from the Senate Judiciary Standing Committee.                                                                          
                                                                                                                                
2:37:57 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
          SB 34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                       
                                                                                                                              
2:41:10 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting  and announced that the final                                                               
order of business  would be SENATE BILL NO. 34,  "An Act relating                                                               
to  probation; relating  to a  program  allowing probationers  to                                                               
earn  credits for  complying with  the  conditions of  probation;                                                               
relating to  early termination of probation;  relating to parole;                                                               
relating  to a  program  allowing parolees  to  earn credits  for                                                               
complying  with  the  conditions  of parole;  relating  to  early                                                               
termination of parole; relating  to eligibility for discretionary                                                               
parole; relating  to good  time; and  providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
2:42:35 PM                                                                                                                    
JOHN  SKIDMORE,  Director,  Criminal  Division,  Central  Office,                                                               
Department  of Law,  Anchorage, stated  that this  bill considers                                                               
probation  and parole  and tries  to  improve on  the system.  He                                                               
summarized it as  an attempt to return  appropriate discretion to                                                               
probation  officers, judges,  and to  the parole  board. He  said                                                               
that the  bill touches  on five major  areas, including  caps for                                                               
technical  violations,  earned  compliance credits  and  how  the                                                               
state  uses them  for  probation and  parole.  It also  considers                                                               
early termination and when it  should be recommended or required,                                                               
discretionary   parole   in   terms  of   eligibility   and   the                                                               
presumptions  for discretionary  parole,  and  whether good  time                                                               
should be allowed  when offenders are serving  time on electronic                                                               
monitoring.                                                                                                                     
                                                                                                                                
He offered to transition to the sectional analysis of SB 34.                                                                    
                                                                                                                                
2:44:06 PM                                                                                                                    
MR. SKIDMORE turned to pages 1-2, to Sections 1 and 2 of SB 34.                                                                 
                                                                                                                                
       Section 1: Eliminates language related to caps on                                                                        
     technical violations of probation under AS 12.55.110.                                                                      
                                                                                                                                
       Section 2: Eliminates language related to caps on                                                                        
     technical violations of probation under AS 12.55.110.                                                                      
                                                                                                                                
He  said  that  these  are conforming  amendments  for  technical                                                               
violations.                                                                                                                     
                                                                                                                                
2:44:36 PM                                                                                                                    
CHAIR  HUGHES  asked  for further  clarification  on  parole  and                                                               
probation  and  to define  discretion  versus  mandatory for  the                                                               
public.                                                                                                                         
                                                                                                                                
2:45:32 PM                                                                                                                    
MR.  SKIDMORE  answered  that probation  and  parole  relates  to                                                               
offenders who are  sentenced in Alaska to serve a  period of time                                                               
in  jail. The  offender can  be  released from  jail earlier  for                                                               
parole. For example,  if offenders are sentenced  for three years                                                               
to serve, the individuals would  be eligible for the parole board                                                               
to consider  eligibility for  discretionary parole  after serving                                                               
one  year. Once  offenders reach  the two-year  mark, they  shift                                                               
from  discretionary  parole,  where the  parole  board  considers                                                               
applications and  determines whether  candidates are a  good risk                                                               
to be  released into the community  to begin the transition  to a                                                               
productive member  of society. Mandatory parole  is also referred                                                               
to as  good time, which  relates to the concept  that individuals                                                               
in a  Department of Correction's  facility who have  followed the                                                               
rules and behave or are "good,"  and then they are released after                                                               
they  have served  approximately two-thirds  of the  sentence. He                                                               
recapped  that  describes  discretionary  parole,  and  mandatory                                                               
parole  also  known  as  good  time. That  is  juxtaposed  or  in                                                               
contrast to probation.                                                                                                          
                                                                                                                                
MR. SKIDMORE  explained that probation refers  to individuals who                                                               
have served all  of their sentence in a  correctional facility or                                                               
while  on parole  and  the  court has  also  suspended time.  For                                                               
example, a judge  may sentence offenders to five  years, with two                                                               
years  suspended,  with  three  years  to  serve.  He  said  that                                                               
offenders with three years to  serve, as just described, would be                                                               
placed  on  parole.  Once  the  individuals  are  back  into  the                                                               
community and off parole, they are on probation.                                                                                
                                                                                                                                
He highlighted that the probationary  period could range from one                                                               
to  five  years,  depending  on the  offense  and  the  allowable                                                               
probation  time  by  law.  During   probation,  using  the  above                                                               
scenario,  the two  years that  were suspended  is the  potential                                                               
sanction that  could be  imposed. Each  time a  probation officer                                                               
files a  petition to  revoke probation, the  court would  hold an                                                               
arraignment.  The  court  would  hear the  allegations,  hold  an                                                               
adjudication or  fact-finding phase, and ultimately  would hold a                                                               
disposition  hearing and  impose  a sanction  if  a violation  is                                                               
found. It  is the  imposition of this  sanction that  would amend                                                               
some or  all of the  two-year period.  The court can  also impose                                                               
additional  sanctions, including  amending or  altering probation                                                               
conditions. For  example, the court may  add additional reporting                                                               
requirements or  other requirements.  He acknowledged  parole and                                                               
probation are two different concepts.                                                                                           
                                                                                                                                
2:49:48 PM                                                                                                                    
CHAIR HUGHES  summarized that  she thinks of  parole as  being in                                                               
lieu of jail time and probation as in addition to jail time.                                                                    
                                                                                                                                
MR. SKIDMORE agreed.                                                                                                            
                                                                                                                                
2:50:24 PM                                                                                                                    
SENATOR MICCICHE asked  whether it would be  possible for someone                                                               
to be  released early for  discretionary or mandatory  parole but                                                               
still have probation associated with a suspended sentence.                                                                      
                                                                                                                                
MR. SKIDMORE answered yes.                                                                                                      
                                                                                                                                
2:50:56 PM                                                                                                                    
CHAIR HUGHES, with respect to  probation and parole provisions in                                                               
SB 34, asked  him to estimate the percentage of  repeal of Senate                                                               
Bill 91.                                                                                                                        
                                                                                                                                
MR.  SKIDMORE answered  that  the provisions  in  Senate Bill  91                                                               
related  to probation  and parole  are  touched on  and most  are                                                               
repealed.  One exception  is for  earned compliance  credits that                                                               
did not exist prior to Senate Bill  91, he said. He added that in                                                               
SB 34 the amount of earned  compliance credits is reduced but not                                                               
eliminated.                                                                                                                     
                                                                                                                                
CHAIR HUGHES asked whether geriatric parole is maintained.                                                                      
                                                                                                                                
MR. SKIDMORE answered that parole  for those who are incarcerated                                                               
who reach an advanced age  and have certain medical conditions is                                                               
maintained. In  response to Chair  Hughes, he estimated  about 95                                                               
percent of the 2016 crime bill is rolled back or repealed.                                                                      
                                                                                                                                
2:53:17 PM                                                                                                                    
MR. SKIDMORE  turned to Section  3 of the sectional  analysis for                                                               
SB 34 and referred to pages 2-3 of the bill.                                                                                    
                                                                                                                                
     Section  3: Makes  the  recommendation  of a  probation                                                                    
     officer for  early termination of  probation permissive                                                                    
     and at  the discretion  of the probation  officer. Also                                                                    
     eliminates the timeline for  when such a recommendation                                                                    
     must   be   made.   Maintains  requirement   that   the                                                                    
     probationer is  in compliance with their  conditions of                                                                    
     probation  and  has  completed   all  of  the  required                                                                    
     treatment programs.  Also maintains the  prohibition on                                                                    
        unclassified felony, sexual felony, and domestic                                                                        
      violence offenders from being recommended for early                                                                       
     termination.                                                                                                               
                                                                                                                                
He explained that prior to  Senate Bill 91, the probation officer                                                               
could  recommend  a minimum  supervision  bank  or recommend  the                                                               
court end probation. He explained  that Senate Bill 91 changed it                                                               
from a  recommendation to a  mandatory requirement.  This removed                                                               
probation  officers'  discretion  and  required them  to  make  a                                                               
"recommendation" to  the court that someone's  probation be ended                                                               
after  12-18 months  if the  person had  met certain  conditions.                                                               
This  removed  the case-by-case  consideration,  but  SB 34  will                                                               
return it to  the probation officers' discretion.  He pointed out                                                               
that crimes such  as assault, drug, sexual, and  theft cases have                                                               
a wide  range of conduct  that can occur. Further,  the offenders                                                               
vary substantially,  in terms of ages,  prior criminal histories,                                                               
support  networks and  other  factors, so  it  is important  that                                                               
probation officers have discretion  to consider these factors. He                                                               
recapped that Section 3 allows  probation officers to make a true                                                               
recommendation  about  when  someone should  be  terminated  from                                                               
probation early.                                                                                                                
                                                                                                                                
2:56:17 PM                                                                                                                    
SENATOR  KIEHL  asked  for   further  clarification  on  training                                                               
probation officers  on identifying recidivism and  community risk                                                               
and to assess how the training works and is delivered.                                                                          
                                                                                                                                
2:57:04 PM                                                                                                                    
JENNIFER WINKELMAN,  Director, Division of Probation  and Parole,                                                               
Department of Corrections (DOC),  Juneau, answered that probation                                                               
officers must do  a risk needs assessment called  an LSI-R [Level                                                               
of  Service  Inventory-Revised]  to identify  the  caseload  risk                                                               
needs.  She explained  that probation  officers receive  training                                                               
through  the academy  and  ongoing training  to  ensure the  risk                                                               
assessments are being addressed appropriately.                                                                                  
                                                                                                                                
SENATOR KIEHL  asked whether statistical  data or  reviews inform                                                               
the department on how well that works.                                                                                          
                                                                                                                                
MS. WINKELMAN  answered that the Department  of Corrections (DOC)                                                               
just received the  results of a validation study in  the last few                                                               
weeks  that examined  the  risk needs  assessment  of the  Alaska                                                               
population. She said this is  normed to the Alaska population and                                                               
ensuring an inter-rater officer  reliability amongst the officers                                                               
and in terms of recidivism.                                                                                                     
                                                                                                                                
2:59:12 PM                                                                                                                    
SENATOR KIEHL asked  whether the recommendations are  made to the                                                               
court or to the parole board.                                                                                                   
                                                                                                                                
CHAIR HUGHES commented that probation  is involved with the court                                                               
and  the  parole board  is  the  decision  maker. She  asked  Mr.                                                               
Skidmore if that was correct.                                                                                                   
                                                                                                                                
MR.   SKIDMORE    answered   yes.   He   said    that   probation                                                               
[recommendations   are   made]   to    the   court   and   parole                                                               
[recommendations are made to the parole board.                                                                                  
                                                                                                                                
3:00:09 PM                                                                                                                    
SENATOR KIEHL asked where the  discretionary loss has occurred if                                                               
lawyers are coming before the  court just as they did previously.                                                               
He  asked  for  further  clarification on  the  reason  for  this                                                               
change.                                                                                                                         
                                                                                                                                
CHAIR HUGHES  paused to asked  members to hold questions  and dig                                                               
in later  to allow  Mr. Skidmore to  continue with  the sectional                                                               
analysis.                                                                                                                       
                                                                                                                                
MR.  SKIDMORE answered  that the  discretion  being discussed  in                                                               
this  section is  not  the discretion  of the  court  but of  the                                                               
probation officer,  who would determine whether  a recommendation                                                               
is appropriate.  Currently, the  law requires  probation officers                                                               
to make  a recommendation even if  the officer does not  think it                                                               
is a  good idea. This change  would return the discretion  to the                                                               
probation officer.                                                                                                              
                                                                                                                                
3:02:13 PM                                                                                                                    
MR. SKIDMORE turned to Section 4 of SB 34.                                                                                      
                                                                                                                                
     Section 4:  Reduces amount of  time that  a probationer                                                                    
     may  decrease  their  length   of  probation  for  good                                                                    
     behavior  to one  day for  every three  days without  a                                                                    
     violation.                                                                                                                 
                                                                                                                                
MR.  SKIDMORE  said this  section  relates  to earned  compliance                                                               
credits for probation. Prior to  Senate Bill 91 earned compliance                                                               
credits did  not exist.  Offenders were  placed on  probation and                                                               
served  the   probation  period  unless  the   probation  officer                                                               
recommended  early termination.  He said  that earned  compliance                                                               
credits provides the concept of a  carrot in addition to a stick.                                                               
He explained this is designed  to provide an incentive to behave.                                                               
For example,  for every  30-day period  that individuals  did not                                                               
incur any violations, probation could  be reduced by an equal 30-                                                               
day  period. Essentially,  those  who served  the  first half  of                                                               
their probation  without any violations  would be  off probation.                                                               
This section  would shift the  calculation from one day  for each                                                               
day  to one  day for  every three  days without  a violation.  It                                                               
would also require the DOC to  consult with the Department of Law                                                               
(DOL) and the  Department of Public Safety  (DPS) in establishing                                                               
an  earned  compliance  credit  program.  In  response  to  Chair                                                               
Hughes, he  agreed that a  third could  be shaved off  instead of                                                               
half of the probation time.                                                                                                     
                                                                                                                                
CHAIR HUGHES  pointed out  that earned compliance  credit is  time                                                              
off  from probation  and  parole, but  good  time credit  is  time                                                              
trimmed from the jail sentence.                                                                                                 
                                                                                                                                
MR. SKIDMORE agreed.                                                                                                            
                                                                                                                                
3:04:09 PM                                                                                                                    
SENATOR KIEHL asked for further  clarification on the calculation                                                               
and if it would  be the same if it read 10 days  for each 30 days                                                               
or if it works differently.                                                                                                     
                                                                                                                                
MR. SKIDMORE  said it  is similar,  but it is  altered to  one to                                                               
three days to assist the DOC in its calculations.                                                                               
                                                                                                                                
3:04:48 PM                                                                                                                    
MR. SKIDMORE turned to Section 5.                                                                                               
                                                                                                                                
     Section  5:  Prohibits  a  sex  offender  from  earning                                                                    
     credit   against  their   period  of   probation.  Also                                                                    
     mandates  that a  probationer lose  all of  the credits                                                                    
     they have  accrued if  they are  found in  violation of                                                                    
     probation, requiring the accrual to start over.                                                                            
                                                                                                                                
MR. SKIDMORE said this also  relates to earned compliance credits                                                               
for   probation.  This   provision  would   first  limit   earned                                                               
compliance  credits  so as  not  to  apply  to sex  offenses.  He                                                               
explained  that  the  department  uses a  containment  model  for                                                               
probation  to  carefully monitor  offenders,  but  it only  works                                                               
while the  offender is on  probation. However,  earned compliance                                                               
credits allow a probationer to  be removed from probation earlier                                                               
for  compliance. In  other types  of cases  this is  appropriate;                                                               
however, for  sex offenses the  department wants to  maintain the                                                               
containment model as much as possible to reduce recidivism.                                                                     
                                                                                                                                
He said  that it would  also consider  when a person  has accrued                                                               
earned compliance credits over time  for time without violations.                                                               
If the person violates, the person  would still retain all of the                                                               
earned  compliance credits  that had  accrued up  to that  point.                                                               
This provision would mandate that  the probationer would lose all                                                               
of the  credits that had accrued  if the person had  a subsequent                                                               
probation  violation.  He  explained  that this  would  keep  the                                                               
incentive building  to stay in  compliance. In response  to Chair                                                               
Hughes, he  said that earned  compliance credits would  not apply                                                               
to sex offenders, but it would apply to everyone else.                                                                          
                                                                                                                                
3:07:10 PM                                                                                                                    
SENATOR  MICCICHE said  some people  have  expressed concern.  It                                                               
does  not seem  to have  a scale  about the  type of  offense. He                                                               
related a  scenario that  a probationer could  have two  years of                                                               
probation  and at  the end  of probation,  perhaps the  probation                                                               
officer did not like the person,  if the probationer had a slight                                                               
violation,  the  probationer could  lose  all  credits. He  asked                                                               
whether it would be possible  to identify the types of violations                                                               
to avoid abuse.                                                                                                                 
                                                                                                                                
MR.  SKIDMORE explained  that the  committee  could discuss  this                                                               
issue  and  the Department  of  Law  would review  any  suggested                                                               
language.  He  this  concept  is  that  any  violation  would  be                                                               
determined by the court, not  the probation officer. He agreed if                                                               
a probationer had a violation,  the person would lose all credit.                                                               
He has heard  concepts or proposals discussed to  allow the court                                                               
to decide.  However, the  bill is not  currently drafted  in that                                                               
way, but he understands the concept.                                                                                            
                                                                                                                                
SENATOR MICCICHE suggested that he  would review the concept of a                                                               
model prisoner  who has a reset  for a minor violation  to see if                                                               
it is worth evaluating.                                                                                                         
                                                                                                                                
3:09:29 PM                                                                                                                    
MR. SKIDMORE turned to pages 4-5, to Section 6.                                                                                 
                                                                                                                                
     Section  6: Amends  duties of  a  probation officer  to                                                                    
     require that a  probation officer consider recommending                                                                    
     early  termination of  probation.  Also eliminates  the                                                                    
     requirement  to  use  administrative  sanctions  before                                                                    
     filing a petition to revoke.                                                                                               
                                                                                                                                
MR. SKIDMORE  said this requires  probation officers  to consider                                                               
if early termination should be considered at any point in time.                                                                 
                                                                                                                                
3:10:12 PM                                                                                                                    
MR. SKIDMORE turned to Section 7.                                                                                               
                                                                                                                                
     Section 7: Requires an application for discretionary parole                                                                
     to be submitted to the parole board before a person can be                                                                 
     considered for discretionary parole.                                                                                       
                                                                                                                                
MR.  SKIDMORE stated  that this  is the  point in  the bill  that                                                               
shifts from probation  to parole. Previous to Senate  Bill 91, if                                                               
an  inmate wanted  to be  released on  discretionary parole,  the                                                               
person would apply  to the parole board. He  explained that under                                                               
Senate Bill 91,  the requirement that an inmate  apply for parole                                                               
was removed and  it required that the  parole board automatically                                                               
hold parole hearings. This resulted  in a significant increase in                                                               
the number  of parole hearings,  which made it difficult  for the                                                               
board. This  provision would ensure  the inmate is  interested in                                                               
applying for parole.                                                                                                            
                                                                                                                                
3:11:39 PM                                                                                                                    
MR. SKIDMORE turned to Section 8.                                                                                               
                                                                                                                                
     Section 8: Returns discretionary parole eligibility to                                                                     
        where it was prior to January 1, 2017. Makes the                                                                        
     following crimes ineligible:                                                                                               
                                                                                                                                
   • Non-sex class A felonies (Robbery 1, Assault 1, Arson                                                                      
     1);                                                                                                                        
   • B felonies if the person had one or more prior felony                                                                      
     convictions;                                                                                                               
   • C felonies if the person had two or more prior felony                                                                      
     convictions; and                                                                                                           
    • B and C sex felonies (Sexual Assault 2, Sexual Abuse                                                                      
     of a Minor 2, Distribution of Child Pornography).                                                                          
                                                                                                                                
MR. SKIDMORE explained  that the law was expanded  in Senate Bill                                                               
91 in terms  of the types of crimes for  discretionary parole. He                                                               
likened it  to the  scenes in Shawshank  Redemption in  which the                                                               
character  comes  before the  board  time  and time  again.  Some                                                               
crimes simply  are not eligible  for discretionary  parole, which                                                               
he read.                                                                                                                        
                                                                                                                                
[Due to technical difficulties the testifier was disconnected.]                                                                 
                                                                                                                                
3:12:33 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
3:12:57 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
3:13:11 PM                                                                                                                    
SENATOR KIEHL asked whether an increase has occurred for a                                                                      
percentage of parolees who committed crimes and made new                                                                        
victims.                                                                                                                        
                                                                                                                                
3:13:36 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
3:14:47 PM                                                                                                                    
CHAIR HUGHES said the committee was experiencing technical                                                                      
difficulty.                                                                                                                     
                                                                                                                                
[SB 34 was held in committee.]                                                                                                  
                                                                                                                                
                                                                                                                                
3:15:16 PM                                                                                                                    
CHAIR HUGHES reviewed upcoming committee announcements.                                                                         
                                                                                                                                
3:15:46 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Hughes adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 3:15 p.m.                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SJUD Agenda 3.4.19.pdf SJUD 3/4/2019 1:30:00 PM
CSSSSB12 Version O.pdf SJUD 3/4/2019 1:30:00 PM
SB 12
CSSSSB12 Explanation of Changes from Version U to O.pdf SFIN 3/11/2019 9:00:00 AM
SJUD 3/4/2019 1:30:00 PM
SB 12
CSSSSB 12 Sectional Summary Version O.pdf SJUD 3/4/2019 1:30:00 PM
SB 12
Amendment 1 to CSSSSB12 - Kiehl.pdf SJUD 3/4/2019 1:30:00 PM
SB 12
SB 34
CSSB 34 Version U.PDF SJUD 3/4/2019 1:30:00 PM
SB 34
SB 34 Transmittal Letter.pdf SJUD 3/4/2019 1:30:00 PM
SB 34
SB 34 - Probation and Parole Sectional.pdf SJUD 3/4/2019 1:30:00 PM
SB 34
SB 34 Explanation of Changes.pdf SJUD 3/4/2019 1:30:00 PM
SB 34
SB 34 Highlights.pdf SJUD 3/4/2019 1:30:00 PM
SB 34