03/28/2018 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Alaska Bar Association Board of Governors, State Board of Parole | |
| SB202 | |
| SB184 | |
| SB150 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 184 | TELECONFERENCED | |
| += | HB 43 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 202 | TELECONFERENCED | |
| += | SB 150 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 28, 2018
1:48 p.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Mia Costello
Senator Pete Kelly
Senator Bill Wielechowski
Senator Mike Shower
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Bar Association Board of Governors
William Gordon
- CONFIRMATION ADVANCED
State Board of Parole
Sarah Possenti
- CONFIRMATION ADVANCED
Violent Crimes Compensation Board
Jeffrey Stubblefield
- REMOVED FROM AGENDA
SENATE BILL NO. 202
"An Act relating to the liability of a Native corporation for
the release or threatened release of hazardous substances
present on certain lands."
- MOVED SB 202 OUT OF COMMITTEE
SENATE BILL NO. 184
"An Act restricting the release of certain records of
convictions; relating to criminal history information for state
employment applications; amending Rule 37.6, Alaska Rules of
Administration; and providing for an effective date."
- MOVED CSSB 184(JUD) OUT OF COMMITTEE
SENATE BILL NO. 150
"An Act relating to pretrial release procedures; amending Rule
41, Alaska Rule of Criminal Procedure; and providing for an
effective date."
- HEARD & HELD
CS FOR HOUSE BILL NO. 43(JUD)
"An Act relating to prescribing, dispensing, and administering
an investigational drug, biological product, or device by
physicians for patients who are terminally ill for the purpose
of sustaining the patient's life; providing immunity related to
manufacturing, distributing, or providing investigational drugs,
biological products, or devices; and relating to licensed health
care facility requirements."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 202
SHORT TITLE: NATIVE CORP. LIABILITY FOR CONTAMINATION
SPONSOR(s): SENATOR(s) HOFFMAN
02/19/18 (S) READ THE FIRST TIME - REFERRALS
02/19/18 (S) RES, JUD
02/26/18 (S) RES AT 3:30 PM BUTROVICH 205
02/26/18 (S) Moved SB 202 Out of Committee
02/26/18 (S) MINUTE(RES)
02/28/18 (S) RES RPT 4DP 2NR
02/28/18 (S) DP: GIESSEL, BISHOP, COGHILL, VON IMHOF
02/28/18 (S) NR: STEDMAN, MEYER
03/26/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/26/18 (S) Heard & Held
03/26/18 (S) MINUTE(JUD)
03/28/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 184
SHORT TITLE: ACCESS TO MARIJUANA CONVICTION RECORDS
SPONSOR(s): SENATOR(s) BEGICH
02/12/18 (S) READ THE FIRST TIME - REFERRALS
02/12/18 (S) JUD, FIN
03/21/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/18 (S) Heard & Held
03/21/18 (S) MINUTE(JUD)
03/28/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SB 150
SHORT TITLE: PRETRIAL RELEASE; NON-AK CRIM HISTORY
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/18/18 (S) READ THE FIRST TIME - REFERRALS
01/18/18 (S) JUD
03/21/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/21/18 (S) Heard & Held
03/21/18 (S) MINUTE(JUD)
03/28/18 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
WILLIAM GORDON, Nominee
Board of Governors of the Alaska Bar
Salsha, Alaska
POSITION STATEMENT: Testified as nominee to the Board of
Governors of the Alaska Bar.
SARAH POSSENTI, Nominee
State Board of Parole
Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified as nominee to the State Board of
Parole.
SENATOR LYMAN HOFFMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 202
MARIDON BOARIO, Staff
Senator Lyman Hoffman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided answers to questions that were
raised during the previous hearing relating to SB 202.
JORDAN SHILLING, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes in the CS for SB 184,
version N.
SENATOR TOM BEGICH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, stated support for the CS for SB
184, version N.
NANCY MEADE, General Council
Administrative Staff
Office of the Administrative Director
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Commented on the CS for SB 184, version N.
BRADLEY MILLER, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified that SB 150 is a band aid for the
failures of SB 91.
TAMMY WELLS, representing self
Anchorage, Alaska
POSITION STATEMENT: During the testimony on SB 150, urged the
repeal of Senate Bill 91.
LARRY DISEBROW, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified that SB 150 won't really help.
BONNIE LILLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 150, testified that
she didn't like Senate Bill 91 when she first saw it and her
assessment was spot on.
LESLIE DISBROW, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified that SB 150 doesn't go far enough
to adequately address the problems with crime in the state.
CLIFF COOK, Eagle River Community Patrol
Eagle River, Alaska
POSITION STATEMENT: During the hearing on SB 150, testified that
starting over is the right first step to get crime under control
in Alaska.
BRITTNEY NUXALL, representing self
Anchorage, Alaska
POSITION STATEMENT: During the hearing on SB 150, testified to
the suffering her family has gone through as a result of Senate
Bill 91.
AMY DEMBOSKI, representing self
Chugiak, Alaska
POSITION STATEMENT: During the hearing on SB 150, urged the
repeal of Senate Bill 91.
LYNETTE CLARK, representing self
Fox, Alaska
POSITION STATEMENT: Testified that SB 150 is nothing but a band
aid on the crime wave in Alaska when a tourniquet is needed.
ACTION NARRATIVE
1:48:57 PM
CHAIR JOHN COGHILL called the Senate Judiciary Standing
Committee meeting to order at 1:48 p.m. Present at the call to
order were Senators Shower, Wielechowski, Costello, and Chair
Coghill. Senator Kelly arrived soon thereafter.
^Confirmation Hearing(s): Alaska Bar Association Board of
Governors, State Board of Parole
CONFIRMATION HEARING(S)
Alaska Bar Association Board of Governors
State Board of Parole
CHAIR COGHILL announced the consideration of governor
appointments to boards and commissions. He asked Mr. Gordan to
tell the committee about his interest in serving on the Board of
Governors of the Alaska Bar.
1:50:25 PM
WILLIAM GORDON, Nominee, Board of Governors of the Alaska Bar,
Salsha, Alaska, said he has served two previous terms and has
found it very rewarding. He is a lifelong Alaskan who has worked
and lived across the state. This has given him a working
knowledge of what goes on in the villages. He has public and
private sector experience, sometimes at the highest level. He
has also spent a lot of time volunteering.
1:52:35 PM
SENATOR KELLY joined the committee.
CHAIR COGHILL found no questions and thanked Mr. Gordon for his
service.
SENATOR WIELECHOWSKI disclosed that he is a member of the bar
association.
CHAIR COGHILL stated that the appointment would be forwarded to
the full body.
1:54:36 PM
CHAIR COGHILL asked Ms. Possenti to tell the committee about her
interest in serving on the State Board of Parole.
1:54:58 PM
SARAH POSSENTI, Nominee, State Board of Parole, Fairbanks,
Alaska, said that if confirmed this will be her third term on
the board. Prior to being on the board, she was a probation and
parole officer in the field and institutions for about 13 years.
She specialized in supervising sex offenders and working with
folks who had substance abuse issues. She has been vice chair of
the board for 4-5 years. She is willing to serve another term
and believes her institutional knowledge is important. She feels
strongly about the things the board does regarding reentry
services and trying to help former inmates become productive
members of the community.
1:56:58 PM
CHAIR COSTELLO thanked Ms. Possenti for her work and agreed that
an historical perspective is important.
SENATOR SHOWER asked where the parole board might be failing in
terms of releasing folks who should not be released and if there
were things the board could do better.
MS. POSSENTI said she believes there is a need for more programs
and reentry services so people who appear before the board are
in a better place to be considered for discretionary parole.
SENATOR SHOWER asked her to list three things that would help in
that effort.
MS. POSSENTI said there are needs for more substance abuse
treatment in the institutions, better halfway houses in
communities, and more services to help people transition from
prison to halfway houses to employment.
CHAIR COGHILL shared that next week the committee would consider
a bill that looks at the prison industry and giving some
flexibility to the commissioner to procure housing for people
who are released from prison. It will be different that the
traditional halfway house.
MS. POSSENTI said halfway houses serve an important purpose but
the existing model could be improved. She noted that the inmates
at the Point Mackenzie Correctional Farm gain valuable work and
vocational skills.
CHAIR COGHILL commented that the Point Mackenzie farm and the
youth military academy foster feelings of mutual respect. He
thanked Ms. Possenti for her service and advised that her name
would be forwarded to the full body.
2:03:41 PM
CHAIR COGHILL stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration: Board of Governors of the Alaska Bar William
Gordon of Salsha; and the State Board of Parole - Sarah
Possenti.
SB 202-NATIVE CORP. LIABILITY FOR CONTAMINATION
2:04:11 PM
CHAIR COGHILL announced the consideration of SB 202 and noted
this was the second hearing.
2:04:37 PM
SENATOR LYMAN HOFFMAN, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 202, stated that the legislation provides relief
from liability from damages related to contaminated lands that
were conveyed to Alaska Native corporations through the Alaska
Native Claims Settlement Act (ANCSA) if the contamination is
proved to have occurred prior to conveyance. He said Ms. Boario
will provide answers to the questions that were raised during
the previous hearing.
2:06:23 PM
MARIDON BOARIO, Staff Senator Lyman Hoffman, Alaska State
Legislature, Juneau, Alaska, said several questions were raised
during the previous hearing relating to the scope of the
contamination, the contaminants involved, and the entity that
tracks that information. She reached out to the Bureau of Land
Management and the Alaska Department of Environmental
Conservation who maintain detailed websites of the location of
the various sites and a list of the contaminants that have been
identified. She sent those links to members' staff along with a
map. A few of the contaminants that have been identified are
arsenic, lead, unexploded ordinance, PCBs, solvents, and
petroleum products.
To the question about whether the state is responsible for costs
related to the cleanup of the contamination, he said the answer
is no unless the state is found to be the responsible party pre-
conveyance. She checked with the Alaska Native Village
Corporation Association and DEC and neither could think of any
land in that category. Most of the land that was transferred
through ANCSA was federal. She also noted that there were no
lawsuits related to the transfer of ANCSA. To the question about
whether passage of the bill makes it more likely for a Native
corporation to get funding, the answer is yes. Federal funds are
available to Native corporations if they are relieved of
liability. Passing the bill would show state support for that.
2:09:14 PM
CHAIR COGHILL found no further questions or proposed amendments
and solicited a motion.
2:09:36 PM
SENATOR COSTELLO moved to report SB 202, version A, from
committee with individual recommendations and attached fiscal
note(s).
2:09:51 PM
CHAIR COGHILL announced that without objection, SB 202 moved
from the Senate Judiciary Standing Committee.
2:10:00 PM
At ease
SB 184-ACCESS TO MARIJUANA CONVICTION RECORDS
2:13:20 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 184. He noted the proposed committee
substitute (CS).
2:13:54 PM
SENATOR COSTELLO moved to adopt the work draft CS for SB 184,
version 30-LS1282\N, as the working document.
2:14:02 PM
CHAIR COGHILL objected for an explanation of the changes.
2:14:35 PM
JORDAN SHILLING, Staff Senator John Coghill, Alaska State
Legislature, Juneau, Alaska, advised that SB 184 has been
significantly narrowed in scope. It reduces costs to agencies
while maintaining the core aspects. He reviewed the following
changes:
• The ban the box provision was removed.
• The requirement that the Department of Public Safety go
through each manual record in their APSIN database and
remove eligible individuals was removed. Those individuals
instead would apply and, on a case-by-case basis DPS will
approve or deny their removal from APSIN. This is the
provision that drove the fiscal note.
• The CS retains the provision that removes the convictions
for eligible individuals from CourtView.
CHAIR COGHILL asked the sponsor to provide his thoughts on the
CS.
2:15:59 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
said he supports the committee substitute. He related that he
had a good conversation with Senators Coghill and Shower about
the ban the box concept and the fact that some of the elements
are under consideration by the Department of Administration
(DOA). If it requires legislation he will pursue that in future
years. What the bill tries to do is provide people with
opportunities for redemption and moving forward with their
lives. Conversations with his staff, the chair's staff, and DPS
resolved the issue of DPS going through 11,000 records. The CS
gets to the same point as the original version in a far more
simplified way. He encouraged the committee's support.
2:17:08 PM
CHAIR COGHILL offered his understanding that the bill doesn't
just pull the relevant cases from CourtView. It places a block
on the file unless there is a reason to access it.
SENATOR BEGICH said that's correct.
CHAIR COGHILL asked Ms. Meade to comment on the language related
to CourtView.
2:18:07 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System, Anchorage,
Alaska, said Section 3 makes these court records entirely
confidential. They will be treated like a child in need of aid
(CINA) case or a juvenile case. These are not open to the public
in any manner and are not posted on CourtView.
CHAIR COGHILL asked if the information in those files would be
open to a lawyer's search.
MS. MEADE said law enforcement attorneys have access to
confidential cases and judges know there are confidential cases,
but the information is not available to the general public.
CHAIR COGHILL asked if it would be fairly easy for the court to
flag these cases.
MS. MEADE said it isn't necessarily easy to identify the cases
because the marijuana statutes have changed over the years, but
she has high confidence the court will be able to comply.
Responding to a further question, she said the court can do this
without fiscal impact.
CHAIR COGHILL found no further questions. He removed his
objection and version N was adopted.
2:21:56 PM
SENATOR COSTELLO moved to report the CS for SB 184, version N,
from committee with individual recommendations and attached
fiscal note(s).
2:22:13 PM
CHAIR COGHILL announced that without objection CSSB 184(JUD)
moved from the Senate Judiciary Standing Committee.
2:22:31 PM
At ease
SB 150-PRETRIAL RELEASE; NON-AK CRIM HISTORY
2:24:20 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 150. He noted the proposed committee
substitute (CS), the four proposed amendments, and the
individuals waiting to give public testimony. He asked Senator
Wielechowski to summarize the amendments so both the public and
the Department of Law will know what will be discussed.
2:26:11 PM
SENATOR WIELECHOWSKI said he tried to tailor the amendments to
the bill and the pretrial and bail concerns he hearing in the
community.
Amendment 1 deletes the requirement for mandatory release when a
person is arrested for a misdemeanor and is deemed a moderate
risk. An individual may still be released on their own
recognizance, but the judge has discretion.
Amendment 2 is in response to situations where a person commits
a crime, is released on mandatory OR, commits another crime, and
is again released on mandatory OR. The Department of Law
testified that this is happening. The amendment says if a person
commits a crime while out on OR, they are no longer eligible for
mandatory OR. This gives discretion back to the judge.
Amendment 3 clarifies that judicial officers have the ability to
require an individual to complete a sobriety program while on
release. It also adds a box to the release form that clarifies
whether or not the person eligible for release is required to
enter a sobriety program.
Amendment 4 defines electronic monitoring to mean active
realtime global positioning system (GPS) monitoring. The DOC
testified it had this capability, but it isn't always used. He
said his research indicates this is generally more effective in
eliminating abuse of electronic monitoring.
2:28:55 PM
CHAIR COGHILL asked each individual to limit their public
testimony to two minutes.
2:29:51 PM
BRADLEY MILLER, representing self, Eagle River, Alaska, said SB
150 is moving in the right direction, but it's still just a band
aid for the failures of SB 91. He suggested the honorable thing
would be to repeal that legislation and start over.
2:31:22 PM
TAMMY WELLS, representing self, Anchorage, Alaska, said she has
worked in the legal system for the past 20 years. She grew up in
Mountain View and since the passage of Senate Bill 91, she has
never been more fearful. She agreed with the previous testifier
that repealing Senate Bill 91 is a real move in the right
direction. That legislation is responsible for the dramatic
increase in crime throughout the state. Recidivism is a problem
because there are not enough programs within the prison system
to get people off drugs and to teach new skills so they can
successfully reintegrate into society. Neither are there enough
mentorship programs. The best bet is to start over and address
the underlying problems that are causing people to commit crimes
in the first place.
CHAIR COGHILL said written testimony is welcome.
2:34:00 PM
LARRY DISEBROW, representing self, Eagle River, Alaska, said SB
150 won't really help. Senate Bill 91 needs to be repealed and
replaced with a bill that addresses the crime problems in
Alaska.
2:35:13 PM
BONNIE LILLEY, representing self, Anchorage, Alaska, said she
lives alone in the Muldoon area and it has a lot of crime. She
stated that notice of public testimony needs to be advertised
better. When she called the person, who answered the phone
didn't know if public testimony would be taken. It's a problem
to leave the public out of the process when they are being
incredibly affected by rampant crime. She didn't like Senate
Bill 91 when she first saw it and her assessment was spot on.
The treatment aspect isn't in effect and there are no
repercussions for committing crimes. She questioned how pretrial
officers can assess risk when out-of-state criminal history
isn't considered. She approves of the improvements the bill
seeks to address but doesn't believe it will help unless
treatment in jail is mandatory. Other states that have
implemented similar criminal justice legislation have required
treatment programs. She urged the committee to focus on stronger
changes so people can sleep at night.
CHAIR COGHILL said we're trying to make sure the public is
noticed.
2:40:11 PM
LESLIE DISBROW, representing self, Eagle River, Alaska, stated
that SB 150 doesn't go far enough to adequately address the
problems with crime in the state. She doesn't feel safe going to
the store in Eagle River The current catch and release system is
completely unacceptable. The only fix is to completely repeal
Senate Bill 91 and work to solve the issues facing the state.
Cars are being stolen, robberies are going on, and people are
shoplifting like crazy. Nothing can be done about this because
the police and judges' hands are tied. Scrap Senate Bill 91 and
start over.
2:42:04 PM
CLIFF COOK, Eagle River Community Patrol, Eagle River, Alaska,
said he started the community patrol in November 2017 because of
the increase in crime in Eagle River by repeat offenders. These
folks are arrested and the police have to release them. A lot of
people blame Senate Bill 91 and he agrees. A lot of people blame
drug addiction and he agrees. Anchorage also has a lot of
homeless and runaways. What these people all have in common is
they are desperate and unafraid. He agreed that starting over is
the right first step to get crime under control.
CHAIR COGHILL said he would defend some areas of Senate Bill 91
but it's reasonable to poke holes in it in other areas. It's a
combination of how to prosecute, the plea bargaining, the bail
schedule, and accountability in pretrial.
2:45:07 PM
BRITTNEY NUXALL, representing self, Anchorage, Alaska, she has
the same complaints as others about crime, but she wanted to
highlight the suffering her family has gone through as a result
of Senate Bill 91. She described two family members who have 14
probation violations between them. She maintained that pretrial
services does not hold them or others accountable. She said
these people aren't suffering but their children are. One family
member was incarcerated, received treatment, and the family was
reunited. She attributed this largely to pushing by the family,
not the court, or pretrial services. Alaska says it doesn't
leave children behind, but it does. This is clear when one looks
at the number of children in foster care. She urged the
committee to repeal Senate Bill 91 and start over.
2:48:36 PM
AMY DEMBOSKI, representing self, Chugiak, Alaska, said the
Anchorage Assembly has taken no less than five hours of public
testimony on Senate Bill 91, Senate Bill 54, crime in general,
and criminal justice reform. In the last year and a half, she
has held two town hall meetings on crime in her district. Nearly
200 people testified and just 10 people supported the direction
the legislature has chosen to go. The rest were overwhelmingly
opposed to the criminal justice reforms implemented by the
legislature.
She said her testimony on SB 150 is very simple. It is logical
to use out-of-state criminal histories but the pre-assessment
tool is fundamentally flawed. Removing discretion from judges to
remove criminals from the state and keep the public safe is
counter to the role judges traditionally play in the criminal
justice system. She stated support for the amendments Senator
Wielechowski described, particularly Amendment 1.
MS. DEMBOSKI said she appreciates Senator Coghill looking at the
criminal justice system in Alaska, but she believes that Senate
Bill 91 has contributed significantly to the explosion of crime
in the state. She shared that some police officers have pulled
her aside and said they are not allowed to speak out about the
legislation publicly, but they want to see it repealed. She
noted that today's hearing was publicly noticed but nowhere did
it say that public testimony would be taken. She expressed hope
that Senator Costello's bill to repeal Senate Bill 91 gets a
full and fair public hearing with adequate public notice.
2:52:43 PM
LYNETTE CLARK, representing self, Fox, Alaska, said SB 150 is
nothing but a band aid on the crime wave in Alaska when a
tourniquet is needed. She believes Senate Bill 91 is the core of
the problem. Public testimony on that legislation foretold
future problems. There are a lot of reasons for the crime wave
including drugs, unemployment, and debt. In her small village
the worries are about heroin addicts, crack addiction,
"methheads," stolen trucks, and home break-ins. In this economy
it's difficult for people to replace the things they've lost.
The solution is to repeal Senate Bill 91 and then employ a
different tactic to protect Alaskans.
CHAIR COGHILL said that in Senate Bill 91 victims got more
access and input. The penalties were increased for both drug
dealing and murder, so repealing the bill entirely would be a
step backward in those areas. He acknowledged that improvements
could be made in the areas of pretrial and arrests.
CHAIR COGHILL said the CS and the amendments would be brought
forward on Monday.
2:58:04 PM
CHAIR COGHILL held SB 150 in committee with public testimony
open.
2:58:06 PM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Judiciary Standing Committee
meeting at 2:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS to SB 184 (ver. N).pdf |
SJUD 3/28/2018 1:30:00 PM |
SB 184 |
| CS to SB 150 (ver. O).pdf |
SJUD 3/28/2018 1:30:00 PM |
SB 150 |
| Sarah Possenti - State Board of Parole.pdf |
SJUD 3/28/2018 1:30:00 PM |
Confirmation |
| William Gordon - Board of Governors of Alaska Bar.pdf |
SJUD 3/28/2018 1:30:00 PM |
Confirmation |