Legislature(2019 - 2020)BELTZ 105 (TSBldg)

04/19/2019 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SJR 3 CONST. AM: MEMBERSHIP OF JUDICIAL COUNCIL TELECONFERENCED
Scheduled but Not Heard
+= SJR 4 CONST. AM: STATE TAX; INTIATIVE TELECONFERENCED
Heard & Held
+= SB 33 ARREST;RELEASE;SENTENCING;PROBATION TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 19, 2019                                                                                         
                           1:38 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Shelley Hughes, Chair                                                                                                   
Senator Peter Micciche                                                                                                          
Senator Jesse Kiehl                                                                                                             
Senator Lora Reinbold, Vice Chair (via teleconference)                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE JOINT RESOLUTION NO. 4                                                                                                   
Proposing amendments to  the Constitution of the  State of Alaska                                                               
prohibiting the  establishment of,  or increase  to, a  state tax                                                               
without the approval of the voters  of the state; and relating to                                                               
the initiative process.                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 33                                                                                                              
"An  Act relating  to pretrial  release; relating  to sentencing;                                                               
relating  to  treatment  program   credit  toward  service  of  a                                                               
sentence  of  imprisonment;  relating to  electronic  monitoring;                                                               
amending  Rules   38.2  and  45(d),  Alaska   Rules  of  Criminal                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE JOINT RESOLUTION NO. 3                                                                                                   
Proposing  an  amendment to  the  Constitution  of the  State  of                                                               
Alaska relating to the membership of the judicial council.                                                                      
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR  4                                                                                                                  
SHORT TITLE: CONST. AM: STATE TAX; INTIATIVE                                                                                    
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/30/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/30/19       (S)       STA, JUD, FIN                                                                                          
03/26/19       (S)       STA AT 1:30 PM BUTROVICH 205                                                                           
03/26/19       (S)       Heard & Held                                                                                           
03/26/19       (S)       MINUTE(STA)                                                                                            
03/27/19       (S)       STA AT 6:00 PM BUTROVICH 205                                                                           
03/27/19       (S)       Heard & Held                                                                                           
03/27/19       (S)       MINUTE(STA)                                                                                            
03/28/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/28/19       (S)       Moved CSSJR 4(STA) Out of Committee                                                                    
03/28/19       (S)       MINUTE(STA)                                                                                            
03/29/19       (S)       STA RPT CS 5NR SAME TITLE                                                                              
03/29/19       (S)       NR:    SHOWER,    REINBOLD,    MICCICHE,                                                               
                         COGHILL, KAWASAKI                                                                                      
04/01/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/01/19       (S)       Scheduled but Not Heard                                                                                
04/03/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/03/19       (S)       Heard & Held                                                                                           
04/03/19       (S)       MINUTE(JUD)                                                                                            
04/03/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/03/19       (S)       Heard & Held                                                                                           
04/03/19       (S)       MINUTE(JUD)                                                                                            
04/15/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/15/19       (S)       Heard & Held                                                                                           
04/15/19       (S)       MINUTE(JUD)                                                                                            
04/17/19       (S)       JUD AT 6:00 PM BELTZ 105 (TSBldg)                                                                      
04/17/19       (S)       CONST.AM:   APPROP.    BILL   FOR   PUBL                                                               
                         EDUCATION                                                                                              
04/19/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB 33                                                                                                                   
SHORT TITLE: ARREST;RELEASE;SENTENCING;PROBATION                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, JUD, FIN                                                                                          
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (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)                                                                                            
03/12/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/12/19       (S)       Heard & Held                                                                                           
03/12/19       (S)       MINUTE(STA)                                                                                            
03/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/14/19       (S)       Heard & Held                                                                                           
03/14/19       (S)       MINUTE(STA)                                                                                            
03/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/19/19       (S)       Moved CSSB 33(STA) Out of Committee                                                                    
03/19/19       (S)       MINUTE(STA)                                                                                            
03/20/19       (S)       STA RPT CS  3DP 2AM NEW TITLE                                                                          
03/20/19       (S)       DP: SHOWER, REINBOLD, MICCICHE                                                                         
03/20/19       (S)       AM: COGHILL, KAWASAKI                                                                                  
03/21/19       (S)       STA AT 1:30 PM BUTROVICH 205                                                                           
03/21/19       (S)       <Bill Hearing Canceled>                                                                                
03/25/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/25/19       (S)       Heard & Held                                                                                           
03/25/19       (S)       MINUTE(JUD)                                                                                            
04/19/19       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM MILKS, Attorney                                                                                                         
Labor & State Affairs                                                                                                           
Civil Division                                                                                                                  
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions during the discussion of                                                               
SJR 4.                                                                                                                          
                                                                                                                                
EMILY NAUMAN, Deputy Director                                                                                                   
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified and answered questions during the                                                               
hearing on SJR 4                                                                                                                
                                                                                                                                
MIKE BARNHILL, Policy Director                                                                                                  
Office of Management and Budget                                                                                                 
Office of the Governor                                                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions on SJR 4 on behalf of the                                                              
administration.                                                                                                                 
                                                                                                                                
JENNIFER WINKELMAN, Director                                                                                                    
Division of Probation and Parole                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the  hearing on SB                                                             
33.                                                                                                                             
                                                                                                                                
BUDDY WHITT, Staff                                                                                                              
Senator Shelley Hughes                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska.                                                                                                                 
POSITION STATEMENT:  Explained the changes  in SB 33,  Version U,                                                             
on behalf of the committee, Senator Shelley Hughes, Chair.                                                                      
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Central Office                                                                                                                  
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified and answered questions  during the                                                             
discussion of SB 33.                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:38:38 PM                                                                                                                    
CHAIR  SHELLEY  HUGHES  called   the  Senate  Judiciary  Standing                                                             
Committee meeting  to order at 1:38  p.m. Present at the  call to                                                               
order were  Senators Micciche, Kiehl,  and Chair  Hughes. Senator                                                               
Reinbold participated via teleconference.                                                                                       
                                                                                                                                
             SJR 4-CONST. AM: STATE TAX; INTIATIVE                                                                          
                                                                                                                                
1:39:10 PM                                                                                                                    
CHAIR HUGHES announced that the  first order of business would be                                                               
SENATE  JOINT  RESOLUTION  NO. 4,  Proposing  amendments  to  the                                                               
Constitution   of   the   State   of   Alaska   prohibiting   the                                                               
establishment  of,  or  increase  to, a  state  tax  without  the                                                               
approval  of  the  voters  of  the state;  and  relating  to  the                                                               
initiative process.                                                                                                             
                                                                                                                                
[Before the committee was CSSJR 4(STA), Version U].                                                                             
                                                                                                                                
CHAIR HUGHES made opening remarks.                                                                                              
                                                                                                                                
1:40:35 PM                                                                                                                    
WILLIAM MILKS,  Attorney, Labor & State  Affairs, Civil Division,                                                               
Department  of Law,  Juneau, stated  that the  Department of  Law                                                               
provided  a memo  to the  committee  dated April  15, 2019,  that                                                               
addresses  certain   issues  raised  by  the   Legislative  Legal                                                               
Services, Legislative Affairs Agency.  The first question relates                                                               
to the administration's  intent related to the  definition of new                                                               
taxes  and  increased  tax  rates.  The  changes  to  deductions,                                                               
exemptions, or  credits from an  existing state tax would  not be                                                               
covered by SJR 4,  so it would not trigger a  vote by the people,                                                               
he said.  The department  has one suggested  change that  will be                                                               
considered by  the committee later,  which would insert  the word                                                               
"nominal" in front of tax rate  to clarify that the intent is not                                                               
to increase the nominal tax rate  or an individual's tax rate. He                                                               
related an example, that if the  number was 10 that changes to it                                                               
would trigger the constitutional amendment.                                                                                     
                                                                                                                                
1:42:33 PM                                                                                                                    
CHAIR  HUGHES related  her understanding  that  an initiative  to                                                               
change  tax credits  or deductions  would effectively  change the                                                               
tax rate, but [SJR 4] would not apply.                                                                                          
                                                                                                                                
MR. MILKS  answered yes. He  said that questions  arose regarding                                                               
various scenarios  and how  this provision would  work if  a bill                                                               
created several new  taxes as well as a regulatory  program. If a                                                               
bill were  to pass the  legislature that creates  multiple taxes,                                                               
each  of the  new  taxes  would be  presented  to  the voters  to                                                               
consider  separately. Since  this  resolution  focuses solely  on                                                               
taxes, only the portion related to  taxes would be subject to the                                                               
provisions of SJR  4 if a program was passed  by law that created                                                               
a  new tax  or  increased  an existing  tax  that had  regulatory                                                               
changes.                                                                                                                        
                                                                                                                                
MR. MILKS  said another question  that was raised related  to the                                                               
circumstance in which a bill decreased  a tax and a referendum by                                                               
the voters  rejected it. This  would mean the state  would revert                                                               
to an  existing tax.  This circumstance would  not be  covered by                                                               
SJR  4,   which  does   not  speak  to   a  referendum   in  that                                                               
circumstance. Instead, it would speak to  a tax rate or a new tax                                                               
passed by the legislature or by  the voters via an initiative, he                                                               
said.                                                                                                                           
                                                                                                                                
MR. MILKS  said that two  additional issues were raised  that the                                                               
committee  will consider.  One concerned  Article  IX Section  1,                                                               
which  is a  specification related  to the  effective date  of an                                                               
initiative  law. He  said that  initiative laws  become effective                                                               
pursuant to  constitutional provision  in Article XI,  Section 6,                                                               
except   for  subjects   related   to  tax   changes.  In   those                                                               
circumstances SJR 4 would govern,  which means the initiative law                                                               
would  not become  final  law  90 days  later,  but  it would  be                                                               
subject to the process by  which the legislature would review the                                                               
law.                                                                                                                            
                                                                                                                                
1:46:26 PM                                                                                                                    
MR.  MILKS  said that  another  issue  was to  clarify  questions                                                               
related to  the tax  year when  establishing a  new tax.  He said                                                               
that  the  department  suggests  amending SJR  4  to  change  the                                                               
effective  date to  January 1  of  the following  fiscal year  to                                                               
avoid a new tax becoming effective mid-year.                                                                                    
                                                                                                                                
MR. MILKS  related that a question  was raised as to  whether the                                                               
legislature's Uniform  Rules would need  to be modified if  SJR 4                                                               
were  to pass.  It is  possible, but  he did  not think  it would                                                               
impact SJR 4, he said. [Uniform  Rules] would not be addressed in                                                               
SJR 4, he added.                                                                                                                
                                                                                                                                
MR. MILKS said  that the memo outlines  the department's response                                                               
to  technical issues  and  further  explanations reiterating  the                                                               
scope of SJR 4.                                                                                                                 
                                                                                                                                
1:47:35 PM                                                                                                                    
CHAIR HUGHES asked  the record to reflect that the  memo from the                                                               
Legislative Legal Services, Emily  Nauman, legal counsel, brought                                                               
up important issues to consider. She  said that one of the issues                                                               
she raised is the effect of SJR  4 on a new group of taxpayers or                                                               
product.                                                                                                                        
                                                                                                                                
MR. MILKS related  his understanding that SJR 4 would  apply if a                                                               
new tax would be applied to a new product.                                                                                      
                                                                                                                                
CHAIR HUGHES  asked whether SJR 4  would apply to a  new group of                                                               
taxpayers.                                                                                                                      
                                                                                                                                
MR. MILKS answered  that SJR 4 would also apply  to the new group                                                               
of taxpayers.                                                                                                                   
                                                                                                                                
1:49:16 PM                                                                                                                    
SENATOR MICCICHE  related his  understanding Ms.  Nauman believes                                                               
that  SJR 4  is  not an  amendment  [but is  a  revision] to  the                                                               
Constitution of the State of Alaska.                                                                                            
                                                                                                                                
1:49:29 PM                                                                                                                    
EMILY  NAUMAN,  Deputy   Director,  Legislative  Legal  Services,                                                               
Legislative Affairs Agency, Juneau, responded that is correct.                                                                  
                                                                                                                                
SENATOR  MICCICHE  asked  whether  this would  make  a  political                                                               
statement  or  if it  does  not  matter. In  this  case  it is  a                                                               
substantial  shift and  the  power of  taxation  should never  be                                                               
surrendered or  contracted away. He  offered his belief  that the                                                               
legislature would be surrendering  and contracting away the power                                                               
of taxation and  [SJR 4] would result in a  tax being implemented                                                               
sooner. He  said he has  put on the  record that the  only people                                                               
losing  rights  in  SJR  4  are  the  people  of  Alaska  in  the                                                               
initiative process.  He said,  "On a  bumper sticker  this sounds                                                               
like  a really  good idea  for conservatives  that think  they're                                                               
gaining  something  but  the  reality of  it  is  they're  losing                                                               
substantially."                                                                                                                 
                                                                                                                                
CHAIR HUGHES  suggested that one  of the amendments  will address                                                               
his  concern a  bit. She  said that  the Senate  Finance Standing                                                               
Committee could  also consider  the matter. She  said that  SJR 4                                                               
would  really just  move up  the timeline  instead of  having the                                                               
two-year delay in place with an initiative.                                                                                     
                                                                                                                                
1:51:16 PM                                                                                                                    
CHAIR  HUGHES  moved  to  adopt   Amendment  1,  work  order  31-                                                               
GS1070\U.2, Nauman, 4/5/19.                                                                                                     
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSJR 4(STA)                                                                                                          
                                                                                                                                
     Page 1, line 3, following "state;":                                                                                      
         Insert "relating to effective dates of laws;"                                                                        
                                                                                                                                
     Page 1, following line 4:                                                                                                  
          Insert a new bill section to read:                                                                                    
       "* Section 1. Article II, sec. 18, Constitution of                                                                   
     the State of Alaska, is amended to read:                                                                                   
          Section 18. Effective Date. Laws passed by the                                                                      
     legislature   become   effective  ninety   days   after                                                                    
     enactment. The legislature may,  by concurrence of two-                                                                    
     thirds  of the  membership of  each house,  provide for                                                                    
     another effective date. This  section does not apply to                                                                
     a law  establishing a state  tax or increasing  a state                                                                
     tax under Section 1(b) of Article IX."                                                                                 
                                                                                                                                
     Page 1, line 5:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Delete "Notwithstanding Section 18 of Article II,                                                                     
     a"                                                                                                                         
          Insert "A"                                                                                                            
                                                                                                                                
     Page 2, lines 2 - 3:                                                                                                       
          Delete "the later of ninety days after"                                                                               
          Insert "January 1 of the fiscal year following                                                                        
     the fiscal year in which"                                                                                                  
                                                                                                                                
     Page 2, lines 3 - 4:                                                                                                       
          Delete "or an effective date provided for by                                                                          
      concurrence of two-thirds of the membership of each                                                                       
     house"                                                                                                                     
                                                                                                                                
     Page 2, line 12:                                                                                                           
          Delete "ninety days after approval"                                                                                   
          Insert "January 1 of the fiscal year following                                                                        
         the fiscal year in which the initiated law is                                                                          
     approved"                                                                                                                  
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
1:51:34 PM                                                                                                                    
MR.  WHITT explained  that Amendment  1 speaks  to the  issue the                                                               
Department of  Law raised and  would address concerns  related to                                                               
the effective date.  Amendment 1 would add a line  to Article II,                                                               
sec.  18 of  the Constitution  of the  State of  Alaska to  read,                                                               
"This section  does not apply to  a law establishing a  state tax                                                               
or increasing a  state tax under Section 1(b) of  Article IX." It                                                               
would also change  the effective date to January 1  of the fiscal                                                               
year  following the  statewide voter  [initiative]. He  explained                                                               
the timeline,  that following a November  statewide election when                                                               
the legislature reconvenes  in January, it would  make a decision                                                               
regarding the [initiated law]. Thus,  the effective date would be                                                               
the following January  1. In response to Chair  Hughes, he agreed                                                               
it  related to  a voter  initiative. He  said this  would provide                                                               
nearly  a  year  for  the   administration  to  take  actions  to                                                               
administer the new tax.                                                                                                         
                                                                                                                                
1:53:15 PM                                                                                                                    
SENATOR  KIEHL said  Amendment  1 is  cleaner  than the  original                                                               
draft.  He  related  a  scenario  with  seasonal  activities  and                                                               
industries that occur in the  winter. However, January 1 falls in                                                               
the middle of  the season. He asked whether  any provision exists                                                               
for  the legislature  or voters  to adjust  to a  different start                                                               
date.                                                                                                                           
                                                                                                                                
MR.  WHITT  surmised  that  provisions  would  be  in  place  for                                                               
agencies and  businesses to gear up  to implement a new  tax that                                                               
would begin on January 1 and  run through December 31. This would                                                               
not be the first time a new tax was implemented.                                                                                
                                                                                                                                
CHAIR  HUGHES  added that  she  thought  this reflects  a  fairly                                                               
typical January 1 to December 31 timeframe.                                                                                     
                                                                                                                                
1:55:25 PM                                                                                                                    
MIKE BARNHILL, Policy Director,  Office of Management and Budget,                                                               
Office of  the Governor,  Juneau, stated  that Amendment  1 would                                                               
establish the  effective date  on January 1.  For example,  a new                                                               
Heli-ski company  whose season begins  on October 1 would  be tax                                                               
free   for  three   months.   He  did   not   envision  any   tax                                                               
administrative  issues, but  rather that  the division  would use                                                               
its standard practice to implement the new tax.                                                                                 
                                                                                                                                
1:56:01 PM                                                                                                                    
SENATOR KIEHL said  he was hoping for more. He  asked for further                                                               
clarification on the  mechanics of Amendment 1.  He recalled that                                                               
the legislature has sometimes  implemented retroactive changes to                                                               
the tax code.  He further recalled that the  Alaska Supreme Court                                                               
has said "that retroactivity is  not an effective date." He asked                                                               
whether it would be available under the language in Amendment 1.                                                                
                                                                                                                                
MR. BARNHILL deferred to the Department of Law.                                                                                 
                                                                                                                                
CHAIR HUGHES  offered to  follow up with  the department  on that                                                               
specific question.                                                                                                              
                                                                                                                                
1:57:00 PM                                                                                                                    
SENATOR MICCICHE said  that Amendment 1 would  make it impossible                                                               
for  the legislature  to respond  to  a substantial  drop in  the                                                               
price of oil.  He said that assuming the legislature  puts a full                                                               
dividend  in the  Constitution of  the  State of  Alaska, an  "x"                                                               
amount of revenue flows in, but  the state is not always going to                                                               
have $17  billion in  the earnings  reserve account  (ERA). There                                                               
may not  be anything in  the CBR [Constitutional  Budget Reserve]                                                               
or the ERA.  In order to keep the state  operating, the state may                                                               
need to implement  a tax one day. He emphasized  that he does not                                                               
currently  support implementing  a  tax.  However, this  language                                                               
makes  it so  the legislature  is always  in session  because the                                                               
approval process would take a  year. Even if the legislature held                                                               
a  special session,  the  tax would  not  become effective  until                                                               
January 1 of the following year, he said.                                                                                       
                                                                                                                                
SENATOR  MICCICHE  said Amendment  1  would  create a  completely                                                               
unmanageable financial  situation and there  is a reason  why the                                                               
legislature retains taxing power. Although  the state has not had                                                               
to do  so for generations,  one day  the legislature may  need to                                                               
[implement  taxes]  in order  to  provide  basic services  people                                                               
cannot afford to  do on their own, such as  troopers and schools.                                                               
Extending the date would mean  waiting to see if something passes                                                               
on November  2 and  managing it  if it  doesn't. That  would mean                                                               
holding  a   special  session,  immediately  holding   a  special                                                               
election, and waiting  until the following year  for a correction                                                               
on the next January 1. Although  it sounds good, he did not think                                                               
this has been adequately thought through.                                                                                       
                                                                                                                                
1:59:39 PM                                                                                                                    
CHAIR  HUGHES pointed  out  that he  is  speaking more  generally                                                               
about the  resolution, but  Amendment 1 and  the trigger  date is                                                               
before  the committee.  She pointed  out that  Colorado has  done                                                               
this. If  the legislature were  to pass  a tax, it  would require                                                               
public  education   and  a  mutual  agreement   that  taxes  were                                                               
necessary to continue to provide services.                                                                                      
                                                                                                                                
MR. BARNHILL said,  "Just briefly, Madam Chair,  and with respect                                                               
to Senator Micciche, I think  there's a difference between making                                                               
the enactment  of new  tax or  an increase in  the tax  rate more                                                               
difficult, which this certainly  does, and impossible, which this                                                               
does not."                                                                                                                      
                                                                                                                                
CHAIR HUGHES asked whether he maintained his objection.                                                                         
                                                                                                                                
2:01:14 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:06:42 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:06:47 PM                                                                                                                    
SENATOR MICCICHE made a motion  to adopt Conceptual Amendment [1]                                                               
to Amendment 1, on page 2 to delete lines 4-6.                                                                                  
                                                                                                                                
CHAIR  HUGHES,  referring  the  language on  page  2,  asked  for                                                               
clarification from  Mr. Whitt. She  asked if the  committee would                                                               
like  the possibility  of concurrence  of  two-thirds as  another                                                               
option, if  it should "delete"  the word "delete" or  whether all                                                               
of lines 4-6 in the amendment should be deleted.                                                                                
                                                                                                                                
MR. WHITT responded that either language would have the same                                                                    
effect.                                                                                                                         
                                                                                                                                
CHAIR HUGHES acknowledged that the language is in the                                                                           
resolution.                                                                                                                     
                                                                                                                                
2:07:35 PM                                                                                                                    
There being no objection, the Conceptual Amendment [1] to                                                                       
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
CHAIR HUGHES said that Amendment 1, as amended, was before the                                                                  
committee.                                                                                                                      
                                                                                                                                
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
There being no further objections Amendment 1, as amended, was                                                                  
adopted.                                                                                                                        
                                                                                                                                
2:07:56 PM                                                                                                                    
CHAIR HUGHES moved to adopt Amendment 2, work order 31-                                                                         
GS1070\U.3, Nauman, 4/10/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSJR 4(STA)                                                                                                          
                                                                                                                                
     Page 2, lines 7 - 14:                                                                                                      
          Delete all material and insert:                                                                                       
          "(c)  Unless rejected by the legislature under                                                                        
     this subsection,  a law enacted  by voters  through the                                                                    
     initiative process under Article  XI that establishes a                                                                    
     tax  or increases  the rate  of an  existing tax  takes                                                                    
     effect  January 1  of  the fiscal  year  following  the                                                                    
     fiscal year in which the  law is enacted by voters. The                                                                    
     legislature shall  have sixty days of  the next regular                                                                    
     session beginning  after the initiative election,  or a                                                                    
     full  session if  of shorter  duration,  to reject  the                                                                    
     initiated law.  The law must be  rejected by resolution                                                                    
     concurred  in by  a majority  of the  members in  joint                                                                    
     session. If the legislature  rejects the initiated law,                                                                    
     the initiated law does not take effect."                                                                                   
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
2:08:02 PM                                                                                                                    
MR. WHITT explained  Amendment 2, would replace  language on page                                                               
2,  lines 7-14.  Senator  Micciche raised  the  concern that  the                                                               
resolution  would  be  removing  power  from  the  people.  After                                                               
discussions  with   the  Department  of  Law,   the  language  in                                                               
Amendment 2 mirrors Article III  of the Constitution of the State                                                               
of Alaska under  executive powers. The current language  in SJR 4                                                               
states  that  the legislature  must,  by  resolution, approve  an                                                               
initiative  with a  majority vote.  If  it does  not approve  the                                                               
initiative, the  initiative would die, he  added. Under Amendment                                                               
2, by resolution, the legislature  would reject an initiative [by                                                               
a majority  vote]; otherwise  the initiative  would automatically                                                               
become law.  This process  is similar to  an executive  order, he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR HUGHES  pointed out that  if the legislature  does nothing,                                                               
the initiative would  also become law. Amendment  2 would require                                                               
the legislature  to go on  record, after the people  have weighed                                                               
in [by  passing an initiative].  She envisioned that it  would be                                                               
more demanding for  the legislature to go on record  to oppose [a                                                               
vote] by the people.                                                                                                            
                                                                                                                                
2:09:55 PM                                                                                                                    
SENATOR MICCICHE  clarified that  [Amendment 2] does  not replace                                                               
that right,  that the  public has lost  the right  to initiative.                                                               
The current constitutional language  provides the legislature the                                                               
right  to tax,  but  the people  can remove  the  tax through  an                                                               
initiative process or a referendum  process. The people also have                                                               
the right to create a law  by initiative and the legislature must                                                               
honor  that law  for  two  years. After  two  years,  it is  more                                                               
difficult to  change the law  because people remember  they voted                                                               
to  create  it.   All  Amendment  2  does  is   to  document  how                                                               
[legislators] voted  when [the legislature] takes  away the right                                                               
to initiative for two years.                                                                                                    
                                                                                                                                
CHAIR  HUGHES agreed  that it  documents  the vote,  but it  also                                                               
makes it  a higher bar  and more difficult [for  the legislature]                                                               
to overturn  the law  since the people  passed it  by initiative.                                                               
She said that  legislators might be hesitant to go  against a law                                                               
the people have asked for [via  the initiative vote]. The way the                                                               
resolution currently reads,  one would never really  know who was                                                               
in agreement  or who was  not in agreement. She  characterized it                                                               
as "somewhere in between."                                                                                                      
                                                                                                                                
2:11:26 PM                                                                                                                    
SENATOR KIEHL  offered his belief  that Amendment 2 would  make a                                                               
smaller  reduction   in  the  people's   authority  to   pass  an                                                               
initiative, but it would still be a reduction.                                                                                  
                                                                                                                                
CHAIR  HUGHES  asked whether  he  would  agree  it was  a  slight                                                               
improvement.                                                                                                                    
                                                                                                                                
SENATOR KIEHL indicated it was a small one.                                                                                     
                                                                                                                                
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
There being no further objection, Amendment 2 was adopted.                                                                      
                                                                                                                                
2:12:25 PM                                                                                                                    
CHAIR HUGHES moved to adopt Amendment 3, work order 31-                                                                         
GS1070\U.4, Nauman, 4/16/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSJR 4(STA)                                                                                                          
                                                                                                                                
     Page 1, line 12, following "the":                                                                                          
          Insert "nominal"                                                                                                      
                                                                                                                                
     Page 2, line 8, following "the":                                                                                           
          Insert "nominal"                                                                                                      
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
2:12:35 PM                                                                                                                    
MR. WHITT  reviewed Amendment 3,  which would  specify "nominal."                                                               
He  said the  language on  page  1, line  12 would  read, "?  the                                                               
nominal  rate of  an  existing state  tax ?."  He  said that  the                                                               
Department of Law described it as cleanup language per its memo.                                                                
                                                                                                                                
SENATOR MICCICHE  said he was  not positive that it  resolves the                                                               
issue. For example, a 35 percent  base tax rate on oil taxes also                                                               
has a $5 per  barrel tax. One might say that the  35 percent is a                                                               
nominal rate. However,  it is not the nominal rate  because it is                                                               
inherently a part  of the tax that results in  a nominal outcome.                                                               
While  he understands  the argument,  it  would be  very easy  to                                                               
challenge in  court since taxes are  not a base rate.  They are a                                                               
function  of exclusions,  deductions, and  other levers  that are                                                               
designed  for a  specific  outcome, he  said.  In this  instance,                                                               
nominal is not what  one would think it is. He  said that it just                                                               
means if the state decides it  is "nominal" and the people decide                                                               
it is  not, it would go  to a vote of  the people. He said  it is                                                               
not a huge deal to him, but it is something to think about.                                                                     
                                                                                                                                
CHAIR  HUGHES  suggested  that   the  record  would  reflect  the                                                               
committee's  intent  and  that   the  committee's  discussion  is                                                               
related  to  the 35  percent  and  not  the deductions  or  other                                                               
things.  She  asked Mr.  Barnhill  if  "nominal  tax rate"  is  a                                                               
standard term  used to refer  to the base  rate and that  it does                                                               
not include other calculations that occur above the line.                                                                       
                                                                                                                                
2:15:28 PM                                                                                                                    
MR. BARNHILL said that  he did not know if it  was a standard tax                                                               
term. He said  that the record could reflect that  the 35 percent                                                               
rate in the state's production  tax statutes is the nominal rate.                                                               
In  order to  trigger  [SJR  4,] the  legislature  would need  to                                                               
change the nominal rate from 35 percent to some another number.                                                                 
                                                                                                                                
CHAIR HUGHES suggested the committee  adopt [Amendment 3] and ask                                                               
the Senate Finance  Standing Committee to determine if  this is a                                                               
standard tax term that could be relied upon.                                                                                    
                                                                                                                                
MR. BARNHILL offered to research it.                                                                                            
                                                                                                                                
2:16:17 PM                                                                                                                    
SENATOR  KIEHL  said  that  it  is a  fairly  standard  term.  He                                                               
acknowledged that  Senator Micciche is  correct. He said  he does                                                               
not think  this provision would  be triggered if  the legislature                                                               
passed a  law to apply  a credit of minus  $5 on every  barrel of                                                               
oil. Although it  is not the nominal rate, it  raises the taxable                                                               
value for  tax purposes by $5  and collects 35 percent,  he said.                                                               
The legislature  could change the  nominal rate and  what Senator                                                               
Micciche said  was "spot on," he  said. He characterized it  as a                                                               
can of worms that is wriggling and hard to grab.                                                                                
                                                                                                                                
MR. BARNHILL responded that Amendment  3 tries to provide clarity                                                               
for future  cases that  are litigated. He  said that  broad terms                                                               
are used  in constitutional language and  it leaves it up  to the                                                               
courts to ultimately decide.                                                                                                    
                                                                                                                                
SENATOR  MICCICHE said  the legislature  has been  known to  find                                                               
"work arounds."  He acknowledged  that it  is popular  to require                                                               
voter approval  but adding  "nominal" creates  a work  around. He                                                               
brought up  the $5 per  barrel tax  example to illustrate  it. He                                                               
said the  legislature could  find another way  to change  the tax                                                               
rate  without voter  approval. He  understood Amendment  3 is  an                                                               
attempt to achieve clarity, but it may work the other way.                                                                      
                                                                                                                                
MR.  BARNHILL  responded that  the  administration  is trying  to                                                               
strike a balance, so everything  does not need voter approval and                                                               
to create a  dividing line. Some things will  need voter approval                                                               
and others  will not, and  some gray  areas will occur,  he said.                                                               
Adding  words like  "nominal" may  help reduce  the ambiguity  in                                                               
certain cases,  and if so,  the committee  should do so.  He said                                                               
the record should be clear  that the administration is not trying                                                               
to  amend the  Constitution of  the  State of  Alaska by  sending                                                               
every tax  fee, deduction, or  question to the people  [for voter                                                               
approval]. [Under  Amendment 3],  some things will  require voter                                                               
approval, such as an increase in  the "nominal" rate of tax or to                                                               
create a new tax. However,  certain things will not require voter                                                               
approval, such  as fees,  deductions, or  implied changes  to the                                                               
rate  of tax  that do  not change  the nominal  rate of  existing                                                               
state tax.                                                                                                                      
                                                                                                                                
2:20:26 PM                                                                                                                    
SENATOR  REINBOLD  [via   teleconference]  said  she  appreciated                                                               
hearing the discussion.                                                                                                         
                                                                                                                                
2:20:39 PM                                                                                                                    
SENATOR MICCICHE  said he opposes the  legislature telling people                                                               
it is doing  something that it is not really  doing. For example,                                                               
the Constitution  of the  State of Alaska  has a  spending limit.                                                               
The  minutes   reflect  that  the  legislature   put  into  place                                                               
something that sounded  like a spending limit, yet it  was a "big                                                               
joke," and  the legislature  knew it  was not  going to  have any                                                               
effect on spending.                                                                                                             
                                                                                                                                
He  acknowledged  that  this may  be  uncomfortable  to  discuss.                                                               
However, he views Amendment 3 as  a work around and people should                                                               
understand that  there are not  any corporate taxes,  fish taxes,                                                               
fuel  taxes, or  marijuana taxes  in place  that the  legislature                                                               
cannot  find a  work around.  He  said that  the committee  could                                                               
create  a "purer"  approach, or  it could  make the  process more                                                               
flexible, which might bring out creativity by the legislature.                                                                  
                                                                                                                                
2:21:52 PM                                                                                                                    
SENATOR MICCICHE withdrew his objection.                                                                                        
                                                                                                                                
There being no further objection, Amendment 3 was adopted.                                                                      
                                                                                                                                
2:22:10 PM                                                                                                                    
CHAIR  HUGHES  moved  to  adopt   Amendment  4,  work  order  31-                                                               
GS1070/U.5, Nauman, 4/16/19.                                                                                                    
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR HUGHES                                                                 
     TO:  CSSJR 4(STA)                                                                                                          
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "Section 1"                                                                                                
          Insert "Section 1(c)"                                                                                             
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
2:22:21 PM                                                                                                                    
MR. WHITT explained Amendment 4 is  a "carve out" for Article IX,                                                               
Section  1(c),  which  relates to  the  enactment  provisions  in                                                               
Amendment 2.  Thus, except  as provided in  Section 2  of Article                                                               
IX, the enactment would follow  the provisions in Section 1(c) of                                                               
SJR 3.                                                                                                                          
                                                                                                                                
2:23:05 PM                                                                                                                    
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
There being no further objections, Amendment 4 was adopted.                                                                     
                                                                                                                                
[SJR 4 was held in committee.]                                                                                                  
                                                                                                                                
                                                                                                                                
2:23:24 PM                                                                                                                    
CHAIR HUGHES announced that the  final order of business would be                                                               
SENATE  BILL  NO.  33,  "An Act  relating  to  pretrial  release;                                                               
relating  to sentencing;  relating  to  treatment program  credit                                                               
toward  service  of  a  sentence  of  imprisonment;  relating  to                                                               
electronic  monitoring; amending  Rules  38.2  and 45(d),  Alaska                                                               
Rules  of  Criminal Procedure;  and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
[Before the committee was CSSB 33(STA), Version M.]                                                                             
                                                                                                                                
2:23:37 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
2:26:04 PM                                                                                                                    
CHAIR HUGHES reconvened the meeting.                                                                                            
                                                                                                                                
2:26:31 PM                                                                                                                    
SENATOR  MICCICHE moved  to adopt  the committee  substitute (CS)                                                               
for SB 33,  work order 31-GS1030\U, Radford,  4/17/19, Version U,                                                               
as the working document.                                                                                                        
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:26:48 PM                                                                                                                    
BUDDY  WHITT,   Staff,  Senator  Shelley  Hughes,   Alaska  State                                                               
Legislature, Juneau, referred to  a document in members' packets,                                                               
titled "Explanation  of Changes in Committee  Substitute for CSSB                                                               
33, Version M to U."                                                                                                            
                                                                                                                                
2:26:52 PM                                                                                                                    
MR. WHITT turned to the first change.                                                                                           
                                                                                                                                
     Title  Changes: The  following has  been  added to  the                                                                    
     title  in  order  to  conform   to  changes  and  added                                                                    
     provisions                                                                                                                 
        • relating to the duties of a prosecuting attorney                                                                      
                                                                                                                                
2:27:09 PM                                                                                                                    
MR. WHITT reviewed Section 1.                                                                                                   
                                                                                                                                
     Section 1: Adds the intent  of the legislature that the                                                                    
     court may consider the  self-improvement efforts of the                                                                    
     defendant while  in a pre-trial status  when imposing a                                                                    
     sentence  of imprisonment.  (Page  1,  Line 12  through                                                                    
     Page 2, Line 3)                                                                                                            
                                                                                                                                
     Adds  intent language  that  Department of  Corrections                                                                    
     develop and report  back to the legislature,  a plan to                                                                    
     track and measure the  effectiveness of evidenced based                                                                    
     programs on offenders. (Page 2, Lines 4-7)                                                                                 
                                                                                                                                
He  said  the intent  language  was  requested by  Department  of                                                               
Corrections related  to developing  a plan  to track  and measure                                                               
the effectiveness  of evidenced-based  programs on  offenders and                                                               
report its progress to the  House and Senate Judiciary Committees                                                               
during  the Second  Regular Session  of  the Thirty-First  Alaska                                                               
State Legislature.                                                                                                              
                                                                                                                                
2:28:10 PM                                                                                                                    
MR. WHITT reviewed Section 7.                                                                                                   
                                                                                                                                
     Section  7: Amends  AS  12.30.011(e)  by directing  the                                                                    
     department of  corrections to keep in  detention anyone                                                                    
      that is legally under the influence (may to shall).                                                                       
     (Page 7, Line 19)                                                                                                          
                                                                                                                                
MR. WHITT said that Section  7 repeals and reenacts AS 12.30.011,                                                               
related  to  pre-trial  releases,  which would  direct  that  the                                                               
department "shall" detain a person  until the person is no longer                                                               
intoxicate   before  being   released  on   bail.  The   language                                                               
previously read "may" detain, he said.                                                                                          
                                                                                                                                
CHAIR HUGHES directed attention to page  7, line 19 and asked for                                                               
clarification on why "may" does not appear.                                                                                     
                                                                                                                                
MR.  WHITT explained  that  the entire  section  is repealed  and                                                               
reenacted so the prior language is not visible.                                                                                 
                                                                                                                                
2:30:00 PM                                                                                                                    
MR. WHITT reviewed Section 9.                                                                                                   
                                                                                                                                
     Section  9: Amends  AS  12.30.021(c)(2)  that a  third-                                                                    
     party custodian may not have  been convicted of a crime                                                                    
     under AS  11.41 and  may not have  been unconditionally                                                                    
     discharged in  the previous five years.  (Page 8, Lines                                                                    
     8  10)                                                                                                                     
                                                                                                                                
MR. WHITT explained that this change  would make it a little more                                                               
difficult for  a convicted felon  to be a  third-party custodian.                                                               
This  language was  suggested by  several  committee members.  It                                                               
places restrictions on third-party  custodians. They may not have                                                               
been  convicted of  a  crime  under AS  11.41,  crimes against  a                                                               
person, been unconditionally discharged  within the previous five                                                               
years for  a felony, have committed  a crime under AS  41, crimes                                                               
against  a  person,   or  similar  crimes  in   this  or  another                                                               
jurisdiction. The  Chair met with  the Department  of Corrections                                                               
(DOC),  the  Department  of  Law  (DOL),  and  Legislative  Legal                                                               
Services to  address concerns that these  restrictions might make                                                               
it  difficult for  offenders  to  obtain third-party  custodians.                                                               
However, if offenders  need these services, the  department has a                                                               
pretrial division  to provide supervision.  The goal is  to avoid                                                               
"a bad actor" from being released, he said.                                                                                     
                                                                                                                                
CHAIR HUGHES said  the purpose of this is  to provide custodians,                                                               
who oversee  offenders, with a  better role model. She  asked for                                                               
further  clarification on  the difference  in  the language  from                                                               
"convicted"  and "unconditionally  discharged". She  said someone                                                               
who has been  convicted and has served two years  and nine months                                                               
could be released and would qualify as a third-party custodian.                                                                 
                                                                                                                                
2:32:44 PM                                                                                                                    
MR. WHITT  explained that "unconditionally discharged,"  which is                                                               
informally  considered  "off  paper"   means  offenders  who  are                                                               
completely  off parole  and probation  and  have completed  their                                                               
sentences.                                                                                                                      
                                                                                                                                
CHAIR HUGHES referred  to her previous scenario,  which means the                                                               
person  would only  have been  outside Department  of Corrections                                                               
(DOC) custody  for three  months, which is  not adequate  time to                                                               
prove the person  could stay clean. This  provision adds language                                                               
that the  individual must have  followed the law for  a five-year                                                               
period.  This individual  would make  a  better role  model as  a                                                               
custodian, she said.                                                                                                            
                                                                                                                                
2:33:34 PM                                                                                                                    
SENATOR MICCICHE agreed  with the change. He said he  is aware of                                                               
some  instances  where  people use  their  roles  as  third-party                                                               
custodians to supervise offenders  for less honorable reasons. He                                                               
characterized  Section 9  as a  huge  improvement. Previously,  a                                                               
person  who had  completed three  years in  custody and  was just                                                               
released  would  be  eligible  to  be  a  third-party  custodian.                                                               
Although this is a much better change,  he said he is still not a                                                               
fan of third-party custodian program,  so he hopes the court will                                                               
be strict in its use.                                                                                                           
                                                                                                                                
CHAIR HUGHES said  that the goal of the committee  is justice for                                                               
victims  for  the  sake  of  public safety  and  to  ensure  that                                                               
offenders  have every  opportunity  to turn  their lives  around.                                                               
This change fits in with that goal, she said.                                                                                   
                                                                                                                                
2:35:12 PM                                                                                                                    
SENATOR KIEHL said parts of the  changes in Section 9 make sense.                                                               
He referred  to the scenario in  which a person is  released from                                                               
custody after three  years. The person would  almost certainly be                                                               
on  probation  and a  probationer  would  not be  eligible  under                                                               
paragraph (4) of  this subsection. He characterized  the shift by                                                               
extending  the length  of  time from  three to  five  years as  a                                                               
significant change  in terms of  when the clock starts.  He asked                                                               
for an  estimate of the  number of  people this would  affect who                                                               
could not be third-party custodians.                                                                                            
                                                                                                                                
MR. WHITT  answered that the  number of  people who could  not be                                                               
third-party custodians  was not a  concern, but rather  to ensure                                                               
that the third-party custodians were  not the type of people that                                                               
should not serve  in that role. He deferred to  the Department of                                                               
Corrections for further comments.                                                                                               
                                                                                                                                
2:37:24 PM                                                                                                                    
JENNIFER WINKELMAN,  Director, Division of Probation  and Parole,                                                               
Department of Corrections, Juneau,  stated that the department is                                                               
satisfied  with Mr.  Whitt's response  and  that it  would be  an                                                               
unconditional discharge from probation after they were done.                                                                    
                                                                                                                                
SENATOR MICCICHE  asked whether everyone released  from prison is                                                               
on probation.                                                                                                                   
                                                                                                                                
MS.  WINKELMAN answered  no.  She  said it  would  depend on  the                                                               
judgment or if they were released on mandatory parole.                                                                          
                                                                                                                                
2:38:10 PM                                                                                                                    
SENATOR KIEHL said that the  shift to unconditional discharge may                                                               
make  sense  but  starting  the clock  later  and  including  all                                                               
felonies even  if the crimes are  not crimes against a  person is                                                               
another big shift.  He expressed concern on  the restrictions for                                                               
third-party  custodians since  they provide  supervision but  are                                                               
not specifically selected to be  role models. He suggested it may                                                               
limit  access  to  those  offenders who  could  be  released  and                                                               
adequately supervised for a lack of "boy scouts."                                                                               
                                                                                                                                
CHAIR HUGHES  said that "role model"  may not be the  best way to                                                               
describe  third-party  custodians.  These  are  people  who  have                                                               
proven  they  can  be  responsible  outside  the  constraints  of                                                               
Department  of  Corrections  (DOC) oversight.  They  have  proven                                                               
themselves, she  said. She suggested  that being clean  and sober                                                               
for five years  is an important way to show  readiness to provide                                                               
supervision.                                                                                                                    
                                                                                                                                
SENATOR MICCICHE said he appreciated the change.                                                                                
                                                                                                                                
2:40:09 PM                                                                                                                    
MR. WHITT reviewed Section 10.                                                                                                  
                                                                                                                                
     Section  10:  Amends  AS  12.55.025  by  adding  a  new                                                                    
     section  directing the  court to  verbally describe  on                                                                    
     the record  the sentence imposed as  required in (a)(3)                                                                    
     of this section. (Page 8, Lines 21  26)                                                                                    
                                                                                                                                
MR. WHITT  explained that this  is referred  to as the  "Truth in                                                               
Sentencing Act."  The court would  need to verbally  describe the                                                               
sentence imposed,  the minimum amount  of time that  the offender                                                               
would serve based on mandatory parole.                                                                                          
                                                                                                                                
2:41:47 PM                                                                                                                    
CHAIR HUGHES referred to AS 12.55.025.                                                                                          
                                                                                                                                
     Sec. 12.55.025.   Sentencing procedures.                                                                                   
     (a)  When  imposing  a sentence  for  conviction  of  a                                                                    
     felony offense or a  sentence of imprisonment exceeding                                                                    
     90 days or  upon a conviction of a violation  of AS 04,                                                                    
     a  regulation  adopted under  AS  04,  or an  ordinance                                                                    
     adopted  in conformity  with  AS  04.21.010, the  court                                                                    
     shall prepare,  as a part  of the record,  a sentencing                                                                    
     report that includes the following:                                                                                        
          (1) a  verbatim record  of the  sentencing hearing                                                                    
     and any other in-court sentencing procedures;                                                                              
                                                                                                                                
          (2)  findings on  material issues  of fact  and on                                                                    
     factual  questions  required  to  be  determined  as  a                                                                    
     prerequisite to the selection of the sentence imposed;                                                                     
                                                                                                                                
          (3)  a  clear  statement   of  the  terms  of  the                                                                    
     sentence  imposed;   if  a  term  of   imprisonment  is                                                                    
     imposed, the statement must include                                                                                        
               (A)   the   approximate  minimum   term   the                                                                    
     defendant is  expected to  serve before  being released                                                                    
     or  placed  on mandatory  parole  if  the defendant  is                                                                    
     eligible  for   and  does  not  forfeit   good  conduct                                                                    
     deductions under AS 33.20.010; and                                                                                         
                                                                                                                                
               (B)  if applicable,  the approximate  minimum                                                                    
     term of  imprisonment the  defendant must  serve before                                                                    
     becoming eligible for release on discretionary parole;                                                                     
                                                                                                                                
CHAIR HUGHES focused on two provisions, and read:                                                                               
                                                                                                                                
     ? the court  shall prepare, as a part of  the record, a                                                                    
     sentencing report that includes the following ?                                                                            
                                                                                                                                
     (3)  a clear  statement of  the terms  of the  sentence                                                                    
     imposed;  if a  term  of imprisonment  is imposed,  the                                                                    
     statement must include                                                                                                     
               (A)   the   approximate  minimum   term   the                                                                    
     defendant is  expected to  serve before  being released                                                                    
     or  placed  on mandatory  parole  if  the defendant  is                                                                    
     eligible  for   and  does  not  forfeit   good  conduct                                                                    
     deductions under AS 33.20.010; and                                                                                         
                                                                                                                                
               (B)  if applicable,  the approximate  minimum                                                                    
     term of  imprisonment the  defendant must  serve before                                                                    
     becoming eligible for release on discretionary parole;                                                                     
                                                                                                                                
She  said  that  the  court already  prepares  these  approximate                                                               
sentencing  reports.  They  are   furnished  in  writing  to  the                                                               
defendant, the  Department of  Law (DOL),  and the  Department of                                                               
Corrections  (DOC). When  applicable they  are also  sent to  the                                                               
Parole Board and  the Alcoholic Beverage Control  Board. She said                                                               
that  the  approximate minimum  sentences  are  not part  of  the                                                               
sentence  imposed nor  do  they  provide a  basis  for review  or                                                               
appeal  of the  sentence imposed  or provide  a defendant  with a                                                               
right  to  any  specific  term  of  imprisonment  or  supervisory                                                               
release on  mandatory parole.  She said the  judge would  use the                                                               
language  "may" and  "approximate,"  so it  does  not provide  an                                                               
avenue for a case and allow defendants to be back in court.                                                                     
                                                                                                                                
2:44:15 PM                                                                                                                    
CHAIR HUGHES  said Ms.  Meade provided  a copy  of the  form that                                                               
allows the  court to fill  in and check off  specific provisions.                                                               
She  pointed out  that  the form  needs to  be  updated since  it                                                               
currently only lists discretionary parole.                                                                                      
                                                                                                                                
She remarked that  sometimes the public and  victims are outraged                                                               
when they realize  that convicted offenders do not  have to serve                                                               
their entire sentence.  An offender may be sentenced  to serve 20                                                               
years,  with  five  years  suspended,  but  if  the  offender  is                                                               
eligible  for mandatory  parole, it  reduces the  sentence to  10                                                               
years.  If  the  offender  is  also  eligible  for  discretionary                                                               
parole, the offender would only  serve five years. She emphasized                                                               
that the report  needs to reflect mandatory parole  to inform the                                                               
public. She said that the media  is often in the courtroom during                                                               
high-profile  cases, so  it will  be helpful  to give  the report                                                               
orally, which will improve the "Truth in Sentencing Act."                                                                       
                                                                                                                                
2:46:45 PM                                                                                                                    
SENATOR KIEHL  asked whether the  forms are currently  filled out                                                               
and  sent to  the parties.  He  further asked  whether the  judge                                                               
would have  time during the  hearing to accurately  calculate and                                                               
assess the time since the judge  would be listening to parties at                                                               
the time of sentencing.                                                                                                         
                                                                                                                                
CHAIR HUGHES  said that  the oral  remarks are  for informational                                                               
purposes  and  the  judge  would   use  the  language  "may"  and                                                               
"approximate." She said it can  be complicated in some instances.                                                               
However,  the language  is  written to  avoid  "bogging down  the                                                               
courts" if the calculations are not correct.                                                                                    
                                                                                                                                
SENATOR KIEHL emphasized the need  to avoid having a judge having                                                               
a vague sentence in mind and  at the time of sentencing the judge                                                               
determines  a  different  sentence.   However,  if  the  math  is                                                               
complicated, the judge might stick with the original sentence.                                                                  
                                                                                                                                
CHAIR HUGHES offered  her belief that the intent  of AS 12.55.025                                                               
is  to  inform people  of  the  actual incarceration  time.  This                                                               
information is important  for the victim and the  public to know,                                                               
she said.                                                                                                                       
                                                                                                                                
2:49:04 PM                                                                                                                    
MR. WHITT reviewed Section 15.                                                                                                  
                                                                                                                                
     Section  15:  Amends  AS  12.61.015  by  adding  a  new                                                                    
     subsection  (d)  that  adds a  requirement  for  victim                                                                    
     notification  by the  prosecutor  when  an offender  in                                                                    
     discharged   from   a   treatment  program   for   non-                                                                    
     compliance.  The victim  contact is  for sexual  crimes                                                                    
     and  crimes  involving  domestic  violence.  (Page  10,                                                                    
     Lines 1  4)                                                                                                                
                                                                                                                                
MR. WHITT explained  that Section 15 relates  to the notification                                                               
of when  an offender is  discharged from a treatment  program for                                                               
noncompliance while in  pretrial. She said a  number of committee                                                               
members  suggested  this  change. This  specifically  relates  to                                                               
crimes  involving domestic  violence and  sex crimes.  He pointed                                                               
out an amendment  will be offered to clarify this  pertains to an                                                               
offender in pretrial  status. It currently would  apply to anyone                                                               
on probation, parole or pretrial.                                                                                               
                                                                                                                                
2:50:46 PM                                                                                                                    
SENATOR REINBOLD stated that she supports this change.                                                                          
                                                                                                                                
2:51:17 PM                                                                                                                    
CHAIR  HUGHES  removed  her objection.  There  being  no  further                                                               
objection,  the proposed  committee  substitute (CS)  for SB  33,                                                               
Version U was before the committee.                                                                                             
                                                                                                                                
2:51:33 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  1,  work  order  31-                                                               
GS1030\U.1, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                      BY SENATOR KIEH                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
     Page 2, line 10:                                                                                                           
          Delete "48 [24]"                                                                                                  
          Insert "24"                                                                                                           
                                                                                                                                
     Page 10, line 11:                                                                                                          
          Delete "48 [24]"                                                                                                  
          Insert "24"                                                                                                           
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:52:03 PM                                                                                                                    
SENATOR KIEHL  made a motion  to adopt Conceptual Amendment  1 to                                                               
Amendment 1  on page 2  of Version U.  He stated that  this would                                                               
restore  the 24-hour  deadline for  a person  to appear  before a                                                               
judge or magistrate.  He referred to page 2, line  10, and stated                                                               
that  Conceptual   Amendment  1  would  add   "absent  compelling                                                               
circumstances"  after  "arrest". On  page  2,  lines 16-18  would                                                               
reinstate  the  sentence,  "The   hearing  before  the  judge  or                                                               
magistrate may not  take place more than 48  hours after arrest."                                                               
He said that  Conceptual Amendment 1 to Amendment  1 is necessary                                                               
because  otherwise the  amendment  is more  restrictive than  the                                                               
current language. He characterized it as bad policy.                                                                            
                                                                                                                                
SENATOR   MICCICHE    objected.   He   said    that   extenuating                                                               
circumstances  already exist.  He said  he does  not support  the                                                               
Conceptual Amendment 1 to Amendment 1.                                                                                          
                                                                                                                                
SENATOR  KIEHL  pointed  out that  the  language  for  compelling                                                               
circumstances is  being removed in Version  U and it needs  to be                                                               
reinstated  to have  the 24-hour  timeframe be  workable. The  48                                                               
hours in the underlying bill creates a pretty hard cap.                                                                         
                                                                                                                                
SENATOR MICCICHE  said that the  Department of Law made  it clear                                                               
that currently it  must notify the court when it  will exceed the                                                               
24-hour period.  The department  tries to  bring people  before a                                                               
judge  prior  to the  24-hour  period  but  sometimes it  is  not                                                               
possible. Extending  it to 48  hours would provide  adequate time                                                               
for other things  to happen that might currently  be rushed under                                                               
the 24-hour requirement.                                                                                                        
                                                                                                                                
CHAIR HUGHES related  her understanding that 95  percent of cases                                                               
are  currently  heard  within  24 hours.  She  pointed  out  that                                                               
extending  the  time  to  48   hours  would  address  some  staff                                                               
retention issues since it would  avoid people working on weekends                                                               
and holidays.                                                                                                                   
                                                                                                                                
2:55:19 PM                                                                                                                    
CHAIR HUGHES  said the Conceptual  Amendment 1 to Amendment  1 is                                                               
before the committee. She said that she will also oppose it.                                                                    
                                                                                                                                
2:55:41 PM                                                                                                                    
SENATOR KIEHL  said that Conceptual  Amendment 1 is  necessary to                                                               
have a  serious discussion on  Amendment 1.  He said that  if the                                                               
committee is  not interested in  making Amendment 1  a functional                                                               
amendment,   he  will   withdraw   both.  Therefore,   Conceptual                                                               
Amendment 1 to Amendment 1 and Amendment 1 were withdrawn.                                                                      
                                                                                                                                
2:56:04 PM                                                                                                                    
SENATOR KIEHL moved to adopt Amendment 2, work order 31-                                                                        
GS1030\U.2, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 3, lines 4 - 12:                                                                                                      
          Delete "[UPON REVIEW OF THE CONDITIONS, THE                                                                           
     JUDICIAL  OFFICER   SHALL  REVISE  ANY   CONDITIONS  OF                                                                    
     RELEASE THAT  HAVE PREVENTED  THE DEFENDANT  FROM BEING                                                                    
     RELEASED  UNLESS  THE  JUDICIAL OFFICER  FINDS  ON  THE                                                                    
     RECORD  THAT THERE  IS  CLEAR  AND CONVINCING  EVIDENCE                                                                    
     THAT   LESS  RESTRICTIVE   RELEASE  CONDITIONS   CANNOT                                                                    
     REASONABLY ENSURE THE                                                                                                      
               (1)  APPEARANCE OF THE PERSON IN COURT; AND                                                                      
               (2)  SAFETY OF THE VICTIM, OTHER PERSONS,                                                                        
     AND THE COMMUNITY.]"                                                                                                       
          Insert "Upon review of the conditions, the                                                                            
     judicial  officer   shall  revise  any   conditions  of                                                                    
     release that  have prevented  the defendant  from being                                                                    
     released  unless  the  judicial officer  finds  on  the                                                                    
     record by a  preponderance of the [THAT  THERE IS CLEAR                                                                
     AND CONVINCING] evidence  that less restrictive release                                                                    
     conditions cannot reasonably ensure the                                                                                    
               (1) appearance of the person in court; and                                                                       
               (2) safety of the victim, other persons, and the                                                                 
     community."                                                                                                                
                                                                                                                                
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
2:56:30 PM                                                                                                                    
SENATOR KIEHL said that Amendment 2 would provide an opportunity                                                                
to request a judicial review of the conditions of release when                                                                  
someone  is unable  to meet  them.  The Department  of Law  (DOL)                                                               
indicated that the clear and  convincing standard is challenging.                                                               
He  said  that  rather  than   deleting  the  standard  entirely,                                                               
Amendment 2 would  change it to a preponderance  of the evidence.                                                               
The legislature  would continue to  provide some guidance  to the                                                               
court,  which  provide  the  least  restrictive  conditions  that                                                               
reasonably ensure the  1) appearance of the person  in court; and                                                               
(2) safety of the victim and other persons in the community.                                                                    
By leaving  a standard in place  it opens up the  opportunity for                                                               
the  prosecution to  make the  case, but  it would  still provide                                                               
some guidance  to the  court. This  effectively would  handle the                                                               
public safety concern and restore  some discretion the department                                                               
seeks without saying, in essence, "whatever goes."                                                                              
                                                                                                                                
2:58:32 PM                                                                                                                    
JOHN  SKIDMORE,  Director,  Criminal  Division,  Central  Office,                                                               
Department of  Law, Anchorage,  said Amendment  2 would  create a                                                               
problem  because  when  the  court   sets  bail  and  establishes                                                               
conditions  for  bail, it  states  the  judicial officer  "shall"                                                               
revise the conditions  unless the court finds  by a preponderance                                                               
of the evidence  that it cannot reasonably do so.  He agreed that                                                               
setting the  preponderance of the  evidence standard  is correct.                                                               
However,  the  judge  has  already  made  a  determination  after                                                               
considering all  of the factors.  This would  essentially suggest                                                               
that judges  must second guess their  original determinations. He                                                               
would  argue  that  is  inappropriate,  that  a  subsequent  bail                                                               
hearing  should  occur, but  only  if  new information  comes  to                                                               
light.                                                                                                                          
                                                                                                                                
3:00:25 PM                                                                                                                    
SENATOR KIEHL  pointed out  the underlying  bill does  not remove                                                               
the  ability  to  have conditions  reviewed,  so  reconsideration                                                               
remains in the  underlying bill. He offered his  belief that this                                                               
would apply  in threshold cases.  He explained that it  should be                                                               
clear  to  the  judge  when   the  case  is  reviewed  under  the                                                               
preponderance of the  evidence as to whether  the offender should                                                               
be  on  the   street.  Amendment  2  would  leave   in  place  an                                                               
opportunity for  the judge to  take another  look as long  as the                                                               
person does not pose a threat to the public.                                                                                    
                                                                                                                                
3:02:05 PM                                                                                                                    
MR.  SKIDMORE  said  the  language in  Amendment  2  that  states                                                               
"judicial officer shall revise any  conditions of release unless"                                                               
is superfluous  language that  tends to  create confusion  to the                                                               
existing standards. It would shift  the presumption from "has new                                                               
information  arisen that  should change  the court's  opinion" to                                                               
"the fact  that the person has  not been released means  that the                                                               
court  should   release  them."  That  is   not  the  appropriate                                                               
standard, he  said. The appropriate  standard is that  the person                                                               
is entitled to another bail  hearing when new information arises,                                                               
although  it  does not  mean  that  the  judge must  release  the                                                               
person. The judge would stand by  the original ruling made at the                                                               
bail hearing, which set out appropriate conditions.                                                                             
                                                                                                                                
3:04:03 PM                                                                                                                    
SENATOR HUGHES maintained her objection.                                                                                        
                                                                                                                                
3:04:09 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment 2  and Senators Micciche  and Hughes voted  against it.                                                               
Therefore, Amendment 2 failed by a 1:2 vote.                                                                                    
                                                                                                                                
CHAIR HUGHES  acknowledged that Senator  Reinbold could  not hear                                                               
the vote.                                                                                                                       
                                                                                                                                
3:04:40 PM                                                                                                                    
At-ease.                                                                                                                        
                                                                                                                                
3:04:48 PM                                                                                                                    
CHAIR HUGHES reconvened  the meeting. She asked  the secretary to                                                               
void the roll call vote. The roll call vote was voided.                                                                         
                                                                                                                                
3:05:03 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment 2 and Senators  Reinbold (via teleconference), Micciche                                                               
and Hughes voted  against it. Therefore, Amendment 2  failed by a                                                               
1:3 vote.                                                                                                                       
                                                                                                                                
3:05:49 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  3,  work  order  31-                                                               
GS1030\U.3, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
     Page 3, lines 24 - 25:                                                                                                     
          Delete "does not include [INCLUDES] the person's                                                                  
     inability to post the required bail;"                                                                                      
          Insert "includes the person's inability to post                                                                       
       the required bail if the person can show that the                                                                    
      person made a good faith effort to post the required                                                                  
     bail;"                                                                                                                 
                                                                                                                                
     Page 3, lines 30 - 31:                                                                                                     
          Delete "[; HOWEVER, A PERSON MAY RECEIVE ONLY ONE                                                                     
     BAIL REVIEW HEARING SOLELY FOR INABILITY TO PAY]"                                                                          
          Insert "however, a person may receive only one                                                                        
     bail review hearing solely for inability to pay"                                                                           
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:05:55 PM                                                                                                                    
SENATOR  KIEHL  reviewed  Amendment  3,  such  that  it  restores                                                               
language  removed to  clarify that  the person  must make  a good                                                               
faith  effort  to post  the  required  bail.  When the  bill  was                                                               
presented, concern  was expressed that  people might clog  up the                                                               
system. He envisioned this provision  would only apply to someone                                                               
who has made  a good faith effort to post  bail. The person would                                                               
be limited  to one bail  review hearing.  The judge would  not be                                                               
required  to  amend  the  bail,   but  to  allow  the  person  an                                                               
opportunity for a bail review hearing.                                                                                          
                                                                                                                                
3:08:28 PM                                                                                                                    
MR. SKIDMORE said  that he appreciated the attempts  to limit the                                                               
application. He referred  to page 6 of Version  U, which outlines                                                               
four factors that require a  judge to consider a person's ability                                                               
to pay  when bail  is initially  set. Once the  bail is  set, the                                                               
bail  should not  be  changed  based on  the  person's assets  or                                                               
employment  history. Therefore,  the Department  of Law  does not                                                               
support Amendment 3.                                                                                                            
                                                                                                                                
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
3:09:58 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment 3 and Senators  Micciche, Reinbold (via teleconference)                                                               
and Hughes  and voted against  it. Therefore, Amendment  3 failed                                                               
by a 1:3 vote.                                                                                                                  
                                                                                                                                
3:10:31 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  4,  work  order  31-                                                               
GS1030\U.4, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
     Page 7, following line 22:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(f)  In determining the conditions of release                                                                        
         under this chapter, the court may consider the                                                                         
        pretrial risk assessment provided by a probation                                                                        
     officer acting as a pretrial services officer."                                                                            
                                                                                                                                
     Page 13, line 3, following "needs":                                                                                        
          Insert ";                                                                                                             
               (4)  conduct a pretrial risk assessment                                                                          
     using an  instrument approved  by the  commissioner for                                                                    
     all defendants  detained in  custody in  a correctional                                                                    
     facility  following arrest  and for  any defendant  for                                                                    
     whom the  prosecution requests to have  a pretrial risk                                                                    
     assessment at the next hearing or arraignment"                                                                             
                                                                                                                                
     Page 13, lines 15 - 16:                                                                                                    
          Delete "[; PRETRIAL DEFENDANT RISK LEVEL AND                                                                          
     CHARGE;"                                                                                                                   
          Insert "; pretrial defendant risk level and                                                                           
     charge [;"                                                                                                                 
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:10:38 PM                                                                                                                    
SENATOR  KIEHL  explained  that Amendment  4  would  restore  the                                                               
pretrial  risk  assessment  as  an  optional  tool.  He  recalled                                                               
earlier  testimony from  the Alaska  Judicial  Council about  the                                                               
usefulness of  the pretrial assessment  tool in reducing  some of                                                               
the concerning  differentials in the criminal  justice system. He                                                               
said that some of the  initial results of the pretrial assessment                                                               
tools  are   promising.  He  acknowledged  that   some  perceived                                                               
deficits exist,  but by making  this an optional factor,  a judge                                                               
can consider providing one additional objective measure to use.                                                                 
                                                                                                                                
MR.  SKIDMORE  said  this  concept is  very  intriguing  and  the                                                               
department would be interested in it.  However, he has not had an                                                               
opportunity  to review  Amendment  4, so  the  department has  no                                                               
position at this time on Amendment 4.                                                                                           
                                                                                                                                
3:13:01 PM                                                                                                                    
SENATOR  MICCICHE said  that he  does not  see any  advantage. He                                                               
only sees  irresponsible releases in many  communities throughout                                                               
the state of  people who continue to offend. He  said he does not                                                               
support the  pretrial risk  assessment. He  does not  support the                                                               
criteria  of the  assessment being  outside of  the realm  of the                                                               
legislature. He  suggested that  it was  created using  the wrong                                                               
criteria and  was extremely generous  in its release  factors. He                                                               
said he will not support Amendment 4.                                                                                           
                                                                                                                                
CHAIR HUGHES  stated she  does not support  Amendment 4.  She did                                                               
not  think the  pretrial risk  assessment has  been working.  She                                                               
said  that the  constant  cost  factors would  create  a need  to                                                               
constantly update this so it would trigger a fiscal note.                                                                       
                                                                                                                                
3:14:29 PM                                                                                                                    
SENATOR REINBOLD  echoed the comments  made by  Senators Micciche                                                               
and Hughes and said she will be a no vote.                                                                                      
                                                                                                                                
3:14:41 PM                                                                                                                    
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
3:14:41 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment    4    and    Senators   Micciche,    Reinbold    (via                                                               
teleconference),   and  Hughes   voted  against   it.  Therefore,                                                               
Amendment 4 failed by a 1:3 vote.                                                                                               
                                                                                                                                
3:15:17 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  5,  work  order  31-                                                               
GS1030\U.5, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 5                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 9, line 30:                                                                                                           
          Delete "180"                                                                                                          
          Insert "360"                                                                                                          
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:15:27 PM                                                                                                                    
SENATOR KIEHL explained  Amendment 5. This relates to  a limit on                                                               
a  court  granting  credit  on a  sentence  of  imprisonment  for                                                               
inpatient  treatment. He  stated  that  some inpatient  treatment                                                               
programs exceed 180  days. Amendment 5 would increase  the cap to                                                               
360 days, so it would not create a disincentive.                                                                                
                                                                                                                                
3:16:10 PM                                                                                                                    
CHAIR HUGHES  said the  maximum treatment  program she  found was                                                               
180 days  and most are  shorter programs.  She said she  does not                                                               
support Amendment 5.                                                                                                            
                                                                                                                                
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
3:16:17 PM                                                                                                                    
A roll  call vote  was taken.  Senators Kiehl  voted in  favor of                                                               
Amendment    5    and    Senators   Micciche,    Reinbold    (via                                                               
teleconference),   and  Hughes   voted  against   it.  Therefore,                                                               
Amendment 5 failed by a 1:3 vote.                                                                                               
                                                                                                                                
3:16:42 PM                                                                                                                    
SENATOR  KIEHL  moved  to  adopt  Amendment  6,  work  order  31-                                                               
GS1030\U.6, Radford, 4/18/19.                                                                                                   
                                                                                                                                
                          AMENDMENT 6                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                     BY SENATOR KIEHL                                                                 
     TO:  CSSB 33(JUD), Draft Version "U"                                                                                       
                                                                                                                                
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Rules 38.2 and 45(d)"                                                                                       
          Insert "Rule 38.2"                                                                                                  
                                                                                                                                
     Page 15, line 19, through page 17, line 8:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 18, line 14:                                                                                                          
          Delete "Sections 24 - 26"                                                                                             
          Insert "Sections 24 and 25"                                                                                           
          Delete "secs. 24 - 26"                                                                                                
          Insert "secs. 24 and 25"                                                                                              
                                                                                                                                
CHAIR HUGHES objected for discussion purposes.                                                                                  
                                                                                                                                
3:16:58 PM                                                                                                                    
SENATOR KIEHL explained Amendment 6  would relate to a court rule                                                               
change that  would allow  an attorney  to consent  to a  delay on                                                               
behalf  of  his/her  client.  He  said  he  has  a  philosophical                                                               
objection  to this.  If a  defendant wants  to risk  the case  by                                                               
running a trial  against his/her attorney's advice,  it should be                                                               
allowed.                                                                                                                        
                                                                                                                                
3:17:36 PM                                                                                                                    
SENATOR  MICCICHE  said  he  does not  support  Amendment  6.  He                                                               
suggested that Mr.  Skidmore would be able to  point out specific                                                               
sections of the bill and why the change is important.                                                                           
                                                                                                                                
MR. SKIDMORE said that Amendment  6 does as described. This would                                                               
allow the  defendant to  decide if  a case  can be  continued. It                                                               
relates  to a  tactical decision  by  the attorney  in the  case,                                                               
which is the  reason it would allow the attorney  to speak on the                                                               
case  without allowing  the defendant  to weigh  in. He  said the                                                               
philosophical  opposition does  not take  into consideration  the                                                               
additional   downstream  consequences   to   the  legal   system,                                                               
including all  of the  additional work  associated with  giving a                                                               
defendant this  ability, which can  be substantial. He  said that                                                               
he opposes  Amendment 6  because the  current language  makes the                                                               
criminal justice system more efficient.                                                                                         
                                                                                                                                
CHAIR HUGHES maintained her objection.                                                                                          
                                                                                                                                
3:19:07 PM                                                                                                                    
A  roll call  vote was  taken. Senator  Kiehl voted  in favor  of                                                               
Amendment    6    and    Senators   Micciche,    Reinbold    (via                                                               
teleconference),   and  Hughes   voted  against   it.  Therefore,                                                               
Amendment 6 failed by a 1:3 vote.                                                                                               
                                                                                                                                
3:19:46 PM                                                                                                                    
CHAIR HUGHES  said that  was the  final amendment.  She explained                                                               
that the majority  of the committee is not available  to move the                                                               
bill.                                                                                                                           
                                                                                                                                
[SB 33 was held in committee.]                                                                                                  
                                                                                                                                
3:19:57 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair Hughes  adjourned  the Senate Judiciary  Standing Committee                                                               
meeting at 3:19 p.m.                                                                                                            

Document Name Date/Time Subjects
SJR 3 - Sponsor Statement.pdf SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR 3 Version A.PDF SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SJR 3
SJR3 Fiscal Note.pdf SJUD 4/12/2019 1:30:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJR 3
SJR4 Transmittal Letter.pdf SJUD 4/1/2019 1:30:00 PM
SJUD 4/3/2019 1:30:00 PM
SJUD 4/3/2019 6:00:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJR 4
SJR4 Version U.pdf SJUD 4/1/2019 1:30:00 PM
SJUD 4/3/2019 1:30:00 PM
SJUD 4/3/2019 6:00:00 PM
SJUD 4/15/2019 1:30:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJR 4
SJR4 Explanation of Changes Version U.pdf SJUD 4/1/2019 1:30:00 PM
SJUD 4/3/2019 1:30:00 PM
SJUD 4/3/2019 6:00:00 PM
SJUD 4/17/2019 6:00:00 PM
SJUD 4/19/2019 1:30:00 PM
SJR 4
CSSB 33(JUD) Version U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33
CSSB33 Explanation of Changes from Version M to U.pdf SJUD 4/19/2019 1:30:00 PM
SJUD 4/22/2019 6:00:00 PM
SB 33