03/10/2017 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| HB77 | |
| HB104 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 77 | TELECONFERENCED | |
| + | HB 104 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 54 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 10, 2017
1:34 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Kevin Meyer
Senator Pete Kelly
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 54
"An Act relating to crime and criminal law; relating to
violation of condition of release; relating to sex trafficking;
relating to sentencing; relating to probation; relating to the
pretrial services program; and providing for an effective date."
- MOVED CSSB 54(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 77 AM
"An Act making corrective amendments to the Alaska Statutes as
recommended by the revisor of statutes; and providing for an
effective date."
- HEARD & HELD
HOUSE BILL NO. 104
"An Act relating to collecting information about civil
litigation by the Alaska Judicial Council; repealing Rule
41(a)(3), Alaska Rules of Civil Procedure, and Rules 511(c) and
(e), Alaska Rules of Appellate Procedure; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 54
SHORT TITLE: CRIME AND SENTENCING
SPONSOR(s): SENATOR(s) COGHILL
02/10/17 (S) READ THE FIRST TIME - REFERRALS
02/10/17 (S) JUD, FIN
02/17/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/17/17 (S) Heard & Held
02/17/17 (S) MINUTE(JUD)
02/24/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/17 (S) -- MEETING CANCELED --
03/01/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/01/17 (S) Heard & Held
03/01/17 (S) MINUTE(JUD)
03/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/17 (S) Heard & Held
03/03/17 (S) MINUTE(JUD)
03/06/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/06/17 (S) -- MEETING CANCELED --
03/08/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/08/17 (S) Heard & Held
03/08/17 (S) MINUTE(JUD)
03/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 77
SHORT TITLE: 2017 REVISOR'S BILL
SPONSOR(s): RULES BY REQUEST OF LEGISLATIVE COUNCIL
01/25/17 (H) READ THE FIRST TIME - REFERRALS
01/25/17 (H) JUD
02/06/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/06/17 (H) Moved HB 77 Out of Committee
02/06/17 (H) MINUTE(JUD)
02/08/17 (H) JUD RPT 5DP 2NR
02/08/17 (H) DP: KOPP, KREISS-TOMKINS, FANSLER,
LEDOUX, CLAMAN
02/08/17 (H) NR: EASTMAN, REINBOLD
02/15/17 (H) TRANSMITTED TO (S)
02/15/17 (H) VERSION: HB 77 AM
02/17/17 (S) READ THE FIRST TIME - REFERRALS
02/17/17 (S) JUD
03/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 104
SHORT TITLE: REPEAL COLLECTION OF CIVIL LITIG. INFO
SPONSOR(s): JUDICIARY
02/03/17 (H) READ THE FIRST TIME - REFERRALS
02/03/17 (H) JUD
02/22/17 (H) JUD AT 1:30 PM GRUENBERG 120
02/22/17 (H) Moved HB 104 Out of Committee
02/22/17 (H) MINUTE(JUD)
02/24/17 (H) JUD RPT 4DP 2NR
02/24/17 (H) DP: KOPP, KREISS-TOMKINS, FANSLER,
CLAMAN
02/24/17 (H) NR: EASTMAN, REINBOLD
02/27/17 (H) TRANSMITTED TO (S)
02/27/17 (H) VERSION: HB 104
03/01/17 (S) READ THE FIRST TIME - REFERRALS
03/01/17 (S) JUD
03/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
POSITION STATEMENT: Reviewed the Department of Corrections
fiscal note for SB 54.
LISA KIRSCH, Assistant Revisor
Legislative Legal Counsel
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Presented HB 77.
LIZZIE KUBITZ, Staff
Representative Matt Claman
Alaska State Legislature
POSITION STATEMENT: Introduced HB 104 on behalf of the sponsor.
SUZANNE DIPIETRO, Executive Director
Alaska Judicial Council
Anchorage, Alaska
POSITION STATEMENT: Answered questions and offered supporting
testimony for HB 104.
ACTION NARRATIVE
1:34:57 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators Costello, Wielechowski, Meyer, and Chair
Coghill.
Chair John Coghill responded to Butch Moore's testimony on March
6, 2017 speaking to the following document: [Original
punctuation provided.]
th
On March 6, Mr. Butch Moore delivered false testimony
to the Senate Judiciary Committee regarding SB 91 and
criminal law and procedure generally:
False Claim #1
Criminally Negligent Homicide offenders can receive a
Suspended Imposition of Sentence (SIS), and it goes
off their criminal record.
Wrong. Persons charged with Criminally Negligent
Homicide are not eligible for a Suspended Imposition
of Sentence. And it stays on the criminal record.
False Claim #2
Prior to SB 91, the sentence for class B felonies was
1-3 years. Now it is 0-2 years.
Wrong. Prior to SB 91, class B felonies that were a
first felony conviction were subject to a presumptive
range of 1 to 3 years. There is no minimum in the
presence of a mitigating factor, and there is a
maximum of ten years in the presence of an aggravating
factor. If there are prior felonies, the sentence
goes higher.
False Claim #3
SB 91 allowed Esteban Santiago to murder five people
in Fort Lauderdale, Florida.
Mr. Moore said Santiago was charged with multiple C-
felonies in January 2016.
Wrong. He was charged with A-misdemeanors.
Mr. Moore said that the Municipality of Anchorage
entered into a Deferred Sentencing Agreement because
"SB 91 was coming".
The Municipality of Anchorage prosecutor's office
called those claims false, and that the decision to
enter into a Deferred Sentencing Agreement had nothing
to do with SB 91, which was not law at the time.
Additionally, if an individual successfully completes
the requirements of a Deferred Sentencing Agreement,
prosecution generally dismisses the case. In
Santiago's case, he violated his conditions, which is
why the charges were not dismissed, and it remains an
open case.
Mr. Moore said that, because of SB 91, "they let him
go" after violating the conditions of release.
That is not true. SB 91 was not law at the time, and
Santiago was charged with Violation of Conditions of
Release (punishable by up to 180 days, per MOA code)
following a compliance check by an APD officer in
February.
Mr. Moore said that, because of SB 91, subsequent
contacts with law enforcement did not lead to arrest
or incarceration.
Santiago had several contacts with law enforcement
following SB 91's passage. According to the
Municipality of Anchorage, law enforcement officers
chose to not arrest Santiago and the municipality did
not bring charges, both of which had nothing to do
with SB 91. The decision to arrest and charge
offenders is based on facts of the investigation, not
newly-enacted legislation.
Mr. Moore asserts that there is no jail time for
"violating a restraining order".
That is false. The crime of Violating a Protective
Order is an A misdemeanor.
"While there may be some perceived value in blaming
the 2016 Fort Lauderdale airport shooting on SB 91,
the facts do not support that claim."
CHAIR COGHILL emphasized that testimony does matter and it's
important to get it right. He will try to correct the record
when people make claims in their testimony that is patently
untrue.
SB 54-CRIME AND SENTENCING
1:35:58 PM
CHAIR COGHILL announced the consideration of SB 54 and asked Mr.
Shilling to review the fiscal note. He stated displeasure that
it took so long in coming and that there is no one from the
department available to speak to it. His understanding is that
there is tension among the departments, and that this is a very
conservative fiscal note. He stated his intention to bring the
matter up in the next committee of referral, so it will be
scrutinized.
1:40:35 PM
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State
Legislature, reviewed the Department of Corrections fiscal note
for SB 54. He reported that the requested appropriation for
FY2018 and beyond is $4.33 million. Based on assumptions that
were used last year for Senate Bill 91, the department is
projecting an increase to the inmate population of about 286
inmates per day, based on a daily marginal rate of $41.49 per
inmate.
1:42:10 PM
SENATOR KELLY joined the committee.
SENATOR MEYER said he would have anticipated an indeterminate
fiscal note because the projected cost ranges from zero to $4.33
million.
CHAIR COGHILL explained that the range is based on the bill
providing zero to 2-year terms of incarceration for three
different felony and misdemeanor charges.
1:45:00 PM
SENATOR MEYER expressed frustration that the department wasn't
available to provide an explanation. He added that if the fiscal
note were indeterminate, that would indicate the cost could be
somewhere between zero and $4.33 million. As currently written
the upper limit stands out.
CHAIR COGHILL said he shares the frustration but he doesn't want
to hold the bill any longer.
SENATOR MEYER recapped the chair's statement to rely on the
Finance Committee to scrutinize the numbers.
CHAIR COGHILL said that's correct and he intends to pass along
the concerns expressed in this committee.
He asked Mr. Shilling to continue.
1:46:21 PM
MR. SHILLING detailed the anticipated FY2018 fiscal impacts by
individual policy. He said the class C felony policy provides a
presumptive range of active incarceration of zero to one year.
The fiscal note projects an increase to the inmate population of
about 196 persons per day at a cost of up to $2.96 million,
based on the daily marginal rate per person of $41.49.
CHAIR COGHILL clarified that the marginal rate is the cost of
incarceration minus the facility charges.
MR. SHILLING advised that the policy for mandatory minimum
probation term lengths for felony sex offenders is expected to
result in an increase of 24,837 probation supervision days. This
would increase the daily average probationer by 68, which would
require additional resources. He highlighted that the fiscal
note does not provide for any additional full-time employees to
accommodate the increase in probation and caseloads resulting
from this policy.
The policy whereby a second conviction of a class A misdemeanor
would result in a sentence of zero to 60 days is projected to
increase the inmate population by about 73 persons per day. This
could increase the cost by up to $1.1 million based on a daily
marginal rate of $41.49.
The policy regarding violation of conditions of release allows
for a sentence of not more than five days. It is projected to
increase institutional expenditures from zero (no persons) to
$136,294 (nine persons) annually, based on a daily marginal rate
of $41.49.
The policy regarding theft in the fourth degree and similar
offenses provides a sentence of up to 10 days of active
imprisonment for a third and subsequent offense, and up to five
days of active imprisonment for a second conviction. This change
would impact the inmate population reductions predicted in
passing Senate Bill 91 and it anticipates increasing the inmate
population by about eight persons per day. This could increase
the institutional expenditures by zero (no persons) up to
$121,150 (eight persons) annually, based on a daily marginal
rate of $41.49.
The narrative next addresses the five-year lookback for the
purpose of counting prior convictions for class A misdemeanor
aggravators. It says the department is unable to quantify the
impacts of the section.
The narrative also refers to two aspects of SB 54 that are not
anticipated to cost money. The first is the sex trafficking
provision that removes the loophole and seeks to address the
original problem that Senate Bill 91 attempted to address. The
second is the provision that limits the use of pretrial risk
assessments for defendants who are not detained in a DOC
facility following arrest.
1:50:31 PM
SENATOR COSTELLO referenced the lookback for counting prior
convictions on page 3, paragraph 2, and asked if he discussed
the potential for the department to return with an additional
request from the legislature.
MR. SHILLING opined that it would likely be a reduction if the
department could quantify the impact of the provision.
1:51:33 PM
CHAIR COGHILL found no further questions and solicited a motion.
1:52:04 PM
SENATOR COSTELLO moved to report the CS for SB 54(JUD), labeled
30-LS0461\R, from committee with individual recommendations and
attached fiscal note(s).
CHAIR COGHILL announced that without objection, CSSB 54(JUD) is
reported from the Senate Judiciary Standing Committee.
1:52:32 PM
At ease
HB 77-2017 REVISOR'S BILL
1:55:20 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of HB 77.
1:56:26 PM
LISA KIRSCH, Assistant Revisor, Legislative Legal Counsel,
Legislative Legal Services, Legislative Affairs Agency, advised
that the revisor's bill is an opportunity to correct
deficiencies, conflicts, and obsolete provisions in the
statutes. She described it as a "housekeeping" bill that is
presented to the legislature to review and determine that it
changes nothing of a substantive nature.
She explained that the bill has: six sections that delete,
repeal, or update obsolete provisions; 22 sections that correct
errors or oversights; and 32 sections that improve the form and
substance of the law. There are also several sections that
remove the words "but not limited to." AS 01.10.040(b) says that
using the words "including" or "includes" also means "but not
limited to." It's a global provision in Title 1 that applies
throughout the Alaska statutes unless stated otherwise. She
asked how the chair would like her to proceed.
1:59:10 PM
CHAIR COGHILL related that he reads revisor bills looking to see
that state statutes match federal code updates and to ensure
that individuals are properly referenced. He asked what
amendment was passed on House floor.
MS. KIRSCH said the floor amendment was to remove AS
47.07.900(14) from the repealer Section 60 in version O. It is
an orphaned definition for the term "nurse midwife" that is no
longer used and was repealed in 2016.
CHAIR COGHILL said he would like to give members time to look at
the bill before getting any further committee review. He asked
if anything in the bill comes close to a policy call.
MS. KIRSCH answered no; her office tries to avoid policy matters
within a revisor bill.
2:03:31 PM
SENATOR MEYER asked if there would be public testimony on the
bill.
CHAIR COGHILL answered no.
SENATOR COSTELLO asked for an explanation of the process that
results in a revisor's bill.
MS. KIRSCH explained that the drafting attorneys are given a
title or two to review and report to the revisors who do
research of the session laws to tease out whether it is a change
that can be done in the context of a revisor's bill. That
information is compiled with information that comes in
throughout the year from other branches of government,
legislators, the publisher, and practitioners.
2:07:47 PM
CHAIR COGHILL held HB 77 in committee for further review.
HB 104-REPEAL COLLECTION OF CIVIL LITIG. INFO
2:08:10 PM
CHAIR COGHILL announced the consideration of HB 104.
2:08:52 PM
LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature, introduced HB 104 on behalf of the sponsor,
speaking to the following prepared statement:
House Bill 104 eliminates the automatic reporting
information about civil case settlements currently
required by law. The bill follows the advice of the
Alaska Judicial Council, which has recommended that
the legislature eliminate this requirement.
To give some historical context: In 1997, responding
to public interest in tort reform and the work of the
Governor's Advisory Task Force on Civil Justice, the
legislature passed tort reform legislation. One part
of the legislation responded to the Task Force's
recommendation that the Alaska Judicial Council report
on closed civil cases, using data from forms completed
by attorneys and parties in the cases. Since then,
pursuant to statute, the Judicial Council has
collected data provided by attorneys and litigants and
has produced three reports. However, much more often
than not, attorneys and litigants have failed to
comply with the reporting requirement.
In its most recent report from November 2011, included
in your bill packets, the Alaska Judicial Council
reports that from January 2001 through December 2010,
88,873 cases were resolved in the Alaska Court system
that were subject to the reporting requirement.
Because each case had at least two parties, the
Council should have received 177,746 or more reports.
However, the Council only received 23,257 reports.
This represents 13 percent of the Council's
conservative estimate of the number of reports it
should have received.
The low rate of reporting is the reason the Council
has not issued a report since 2011. An analysis based
on 13 percent of potentially available data would not
be reliable. Eliminating the requirement has also
received support from attorneys and civil litigants,
as the reporting requirement is onerous for those who
follow it and unenforceable for those who don't.
The Alaska Judicial Council lacks the authority and
resources to enforce this outdated requirement and the
Council renews its recommendation that the legislature
eliminate it.
MS. KUBITZ offered to provide a sectional analysis, and noted
that Suzanne DiPietro from The Alaska Judicial Council was
available to answer questions.
CHAIR COGHILL asked for an explanation of "outdated" in this
context.
MS. KUBITZ offered her understanding that the Judicial Council's
efforts to encourage reporting achieved limited success. She
deferred further explanation to Ms. DiPietro.
CHAIR COGHILL asked Ms. DiPietro to answer the first question
and whether there is value in maintaining the requirement.
2:12:58 PM
SUZANNE DIPIETRO, Executive Director, Alaska Judicial Council,
Anchorage, Alaska, opined that the information on closed civil
cases is no longer of great value to the legislature. The
purpose for collecting the information was to inform the
legislature about the effect of tort reform and those effects
are well established. The Judicial Council does not receive
requests about the data it collects and its efforts to encourage
reporting initially were resource intensive and never achieved
anything close to 100 percent.
CHAIR COGHILL voiced support for the bill. He asked Ms. Kubitz
to go through the sectional analysis.
2:15:11 PM
MS. KUBITZ provided the following sectional analysis for HB 104:
Section 1. Repeals Rule 41(a)(3), Alaska Rules of
Civil Procedure and Rules 511 (c) and (e), Alaska
Rules of Appellate Procedure.
Section 2. Repeals AS 09.68.130, relating to
collection of settlement information by the Alaska
Judicial Council.
Section 3. Provides that the Act will only take effect
if sec. 1 of the Act receives the two-thirds majority
vote required by the Constitution of the State of
Alaska for a court rule change.
Section 4. Provides that the Act will take effect
immediately if it receives the two-thirds majority
vote under sec. 3 of the Act.
MS. KUBITZ said copies of the referenced Court Rules and Statute
are included in the bill packets.
2:16:19 PM
SENATOR MEYER asked why the bill didn't pass in previous years.
CHAIR COGHILL opined that it was a matter of timing and perhaps
personality.
SENATOR COSTELLO asked what will happen to the reports that the
Judicial Council has received.
MS. DIPIETRO explained that once the data is transferred to the
database the paper documents are disposed of correctly
considering that they are confidential documents. Should the
bill pass, any documents that have not been entered into the
database would be destroyed. The information already entered
will remain in the database.
2:18:13 PM
CHAIR COGHILL held HB 104 in committee for further consideration
with public testimony open.
2:18:40 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:18 p.m.