Legislature(2023 - 2024)BUTROVICH 205
01/24/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB100 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 100 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
January 24, 2024
2:25 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator James Kaufman
Senator Löki Tobin
MEMBERS ABSENT
Senator Jesse Kiehl, Vice Chair
Senator Cathy Giessel
COMMITTEE CALENDAR
SENATE BILL NO. 100
"An Act restricting the release of certain records of
convictions; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 100
SHORT TITLE: ACCESS TO MARIJUANA CONVICTION RECORDS
SPONSOR(s): SENATOR(s) TOBIN
03/10/23 (S) READ THE FIRST TIME - REFERRALS
03/10/23 (S) JUD, FIN
01/24/24 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
LOUIE FLORA, Staff
Senator L?ki Tobin
Alaska State Legislature
POSITION STATEMENT: Presented the sectional analysis for SB 100.
NANCY MEADE, General Counsel
Administrative Offices
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
SB 100.
ACTION NARRATIVE
2:25:41 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 2:25 p.m. Present at the call to order were
Senators Tobin, Kaufman, and Chair Claman.
SB 100-ACCESS TO MARIJUANA CONVICTION RECORDS
2:26:20 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 100
"An Act restricting the release of certain records of
convictions; and providing for an effective date."
This is the first hearing of SB 100 in the Senate Judiciary
Standing Committee. It continues the conversation that started
with House companion bill HB 28, heard on January 19, 2024. He
invited Senator Tobin to identify herself for the record and
present her bill.
2:27:01 PM
SENATOR TOBIN, speaking as sponsor, introduced SB 100. She said
SB 100 would make confidential the records of individuals who
were convicted of minor marijuana crimes when they were [21]
years of age or older at the time of the offense and not charged
with any other crimes during the incident. She said there are
minor differences between SB 100 and the House companion bill.
The sectional analysis describes these differences. The intent
of this legislation is to decrease barriers to employment,
housing, and other opportunities for those who have been charged
and punished for low-level crimes involving a substance that is
now legal.
2:28:13 PM
SENATOR TOBIN shared a personal connection to SB 100 with her
own family experience. She witnessed her father-in-law struggle
with a terminal illness and loss of appetite. The situation was
made more difficult due to her and his sons type of employment;
they were unable to be with him because of complications
associated with their employment. They feared how their
participation in his treatment might look and the potential
legal ramifications had they participated in his end-of-life
care.
SENATOR TOBIN expressed gratitude for Alaska's support of the
legal sale, use, and taxation of marijuana. She said this was
not the case when her father-in-law's health was declining. Many
Alaskans utilize legal marijuana for pain management and other
legitimate therapeutic purposes. She expressed hope that SB 100
will help those charged with a crime for using this substance in
a manner appropriate for them and their care as it is no longer
a crime to do so.
2:29:34 PM
LOUIE FLORA, Staff, Senator L?ki Tobin, Alaska State
Legislature, presented the following sectional analysis for
SB 100, on behalf of the sponsor:
[Original punctuation provided.]
Section 1 AS 12.62.160(b)
Provides conforming language that makes the
distribution of criminal justice records subject to
Section 2 of this act.
Section 2 AS 12.62.160
Creates a new subsection of law in the release and use
of criminal justice information statutes that an
agency may not release criminal justice information of
a criminal case in which the defendant:
1. Was convicted of misconduct involving a controlled
substance in the sixth degree, or similar municipal
ordinance, for possession of less than one ounce of
marijuana.
2. Was 21 years of age or older at the time of the
offense.
3. Was not convicted of any other criminal charges in
that case; and
4. Requests the agency not release the records.
Section 3 AS 22.35.040
Creates a new section of law with two subsections, AS
22.35.040, entitled Records concerning criminal cases
for marijuana possession.
Subsection (a) states the Alaska Court System may not
publish on a publicly available internet website the
court records of a criminal case subject to section 2
of this act.
Subsection (b) requires the Alaska Court System
provide public notice on its publicly available
internet website that court records under subsection
(a) have been removed and how to obtain a criminal
history record that includes convictions under
subsection (a).
Section 4 Uncodified Law
Creates uncodified law stating to the extent
practicable, the Alaska Court System shall remove
court records that meet the requirements laid out in
Section 3 from their publicly available internet
website.
Section 5 Uncodified Law
The act takes effect January 1, 2024.
2:31:43 PM
CHAIR CLAMAN asked how SB 100 differs from the House companion
bill heard on January 19.
MR. FLORA explained the differences between the pieces of
legislation:
- SB 100 does not contain the legislative intent language found
in Section 1 of HB 28, which states: "It is the intent of the
legislature to reduce barriers to employment for people who have
been convicted of low-level marijuana possession crimes that
would be legal on January 1, 2024."
- In Section 4 of SB 100, there is language that requires the
Alaska Court System (ACS) to remove court records for marijuana
possession offenses existing before the effective date of this
Act.
2:32:45 PM
CHAIR CLAMAN sought confirmation that Section 4 relates to court
records as opposed to public safety records.
MR. FLORA replied that is correct.
2:32:58 PM
CHAIR CLAMAN brought up a broader policy question. While these
records may not be available online, the public can access them
if a person knows where to look. He said Alaska has never passed
an expungement law. The provisions in SB 100 are a step short of
expungement. He asked why the bill does not pursue straight
expungement for convictions related to low-level marijuana
offenses, some of which pre-date legalization, rather than
legislation that proposes "hide-the-record" provisions.
2:33:59 PM
SENATOR TOBIN replied that this was a policy call. She looked to
legislation from previous legislatures to craft SB 100 and
determined it was more advantageous to use existing language
pertaining to hiding records, not necessarily sealing records.
She said the threshold for sealing records differs from the
threshold for expunging records.
SENATOR TOBIN said helping individuals obtain employment and
housing is an important step toward broader considerations of
restitution and reconciliation. It may also help address the
disproportionate negative impacts of certain criminal records on
specific communities. She explained that some interpret simple
records so that individuals continue to suffer repercussions for
low-level crimes even after they have paid their dues and served
their time despite these offenses having been decriminalized.
This bill proposes the idea of fostering equity, opportunity,
and understanding.
SENATOR TOBIN noted Ms. Meade is available to explain the
difference between sealing, expungement, and hiding records.
2:35:39 PM
CHAIR CLAMAN asked whether SB 100 proposes to seal or hide
records, noting that it does not propose to expunge records.
SENATOR TOBIN deferred the question to Mr. Flora to delineate
the technical differences between the two terms.
MR. FLORA expressed his understanding that SB 100 proposes a
less restrictive provision than sealing. The bill would remove
records from CourtView. Alaska rarely undertakes sealing. He
said the confidentiality of records happens quite frequently in
the Office of Children's Services (OCS) and Child in Need of Aid
(CINA) cases. This bill seeks to make the records confidential
but not sealed.
2:36:49 PM
CHAIR CLAMAN expressed his understanding that a sealed court
record means public access is prohibited even if an individual
personally goes down to the courthouse and asks to see the
record. This is certainly true in CINA and juvenile cases, and
staff may be prohibited from revealing that the case exists. SB
100 proposes a diligent person could obtain a record unavailable
on CourtView by going to the courthouse directly and looking up
a marijuana possession conviction of "less than one ounce of a
schedule VIA controlled substance." He said the same would be
true of Department of Public Safety (DPS) records.
MR. FLORA agreed, expressing his understanding that is what
SB 100 does.
2:37:54 PM
CHAIR CLAMAN asked whether Alaska has a history of ever sealing
records retroactively. He said Alaska seals CINA cases from the
outset. However, he wondered whether the legislature ever passed
legislation that retroactively sealed civil or criminal records
that were once open to public view.
MR. FLORA deferred the question to Ms. Meade.
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System (ACS), Anchorage, Alaska, replied that she is
unaware of any statute that retroactively sealed court cases.
2:39:02 PM
CHAIR CLAMAN asked if this applies to civil or criminal cases.
MS. MEADE replied that it applies to civil and criminal cases.
She said there is a provision in the Court Rules where parties
to a case may petition a judge to either seal or make that case
confidential. The Court Rules have a balancing test. Cases are
rarely sealed, and sometimes they are made confidential, but
that provision is not often used. She said the legislature has
not enacted this type of retroactivity provision to her
knowledge.
2:39:37 PM
CHAIR CLAMAN sought confirmation:
- A provision in the Court Rules allows a party to request the
judge seal their case.
- The court could make the case confidential or partially
confidential.
- The legislature has never passed legislation that sealed a
class of cases.
2:39:59 PM
MS. MEADE said she is virtually certain that has never happened.
She clarified SB 100 affects two entities: DPS and ACS in
Sections 3 and 4 of the bill.
She emphasized that SB 100 does not pertain to expunging or
sealing, nor does the bill make the case that the records are
confidential. The bill merely removes the records from
CourtView. She said one can access those records at the
courthouse; therefore, the records are not confidential. No one
has access to a CINA or any other confidential case. SB 100
merely removes the case from CourtView, an action shy of the
other three steps.
2:40:51 PM
CHAIR CLAMAN sought confirmation:
- it is currently possible to look up persons with marijuana
convictions on CourtView,
- if SB 100 passed, certain convictions would not be available
on CourtView but
- the public can find these conviction records through an index
available at the courthouse.
2:41:29 PM
MS. MEADE replied that this is correct with one modification:
ACS has already removed these cases from CourtView because of
the court rule. However, a person could go to any courthouse and
look up "unpublished" cases. She said that she testified about
this previously [on January 19, 2024, in the Senate Judiciary
Committee] in connection with the House companion bill. There
are about 15 categories of unpublished cases which are not
confidential.
2:42:02 PM
CHAIR CLAMAN asked how a person would find an unpublished case
and its details.
MS. MEADE replied that if a person were at the courthouse, the
paper file and public access to the file would be available
onsite.
2:42:20 PM
SENATOR KAUFMAN wondered if a past controlled substance
conviction would be more relevant in the vetting process for a
job that involves controlled substances and whether SB 100
affects the extent of the background check required for such
positions.
2:43:13 PM
MS. MEADE responded in two parts:
1. She explained that the database of cases for the Alaska Court
System (ACS) is called CourtView. Sections 3 and 4 of SB 100
deal with CourtView, which is not where one would go to get an
official criminal history record. Sections 1 and 2 detail the
provisions under which criminal justice information for low-
level marijuana possession crimes may be provided. DPS generates
these records through its Alaska Public Safety Information
Network (APSIN). She repeated that these cases would not appear
on CourtView; however, a motivated person could find the records
at the courthouse. She drew attention to a previous expungement
question. The legislature tossed about expungement ideas in the
past, but the notion was that some people might have a
legitimate need for that information. That is why the
legislature did not choose expungement years ago. While the
legislature could change this, SB 100 proposes making these
records more obscure and not readily available.
2:44:28 PM
2. She said the second part of her response has to do with the
Department of Public Safety (DPS). Entities that require
background checks get them from DPS by paying a nominal fee and
asking for a criminal history check. She said that there are
different levels of criminal history checks. Law enforcement is
entitled to everything in the check, including an old marijuana
possession conviction. The level of detail depends on the entity
making the request. If the entity deals with vulnerable
populations, the report will include a more detailed history
check than those that do not. SB 100 would remove certain
marijuana [records] from the DPS "any person" report; however,
they would remain on a criminal history check for individuals
who deal with the care of the elderly, children, or drug-related
matters. She said that she did not want to overstep her bounds
in the area of DPS background checks, but she concluded by
stating that DPS has different levels of checks.
2:45:55 PM
CHAIR CLAMAN followed up on the previous question with a
supposition that involved DPS running a criminal history check
on one of its job applicants. The department would learn about
an old marijuana conviction through its criminal history check
under SB 100. At that point, the department could decide whether
the conviction presents a barrier to hiring the applicant. In
contrast, information about the conviction would be unavailable
to the department if the state had an expungement law. He said
that to the extent DPS questioned the job applicant about the
conviction, the applicant could deny it, leaving DPS with no
means of verification absent an admission. He sought
confirmation that DPS would have no knowledge of the conviction
if the record had been expunged.
2:47:18 PM
MS. MEADE agreed, but expressed her belief that a lot of the
supposition hinges on whether there was an expungement law or
bill and how expungement was defined. She supposed there could
be expungement "lite" where law enforcement would have access,
but nobody else. She said, however, that her understanding of
expungement means the record is gone, so the supposition would
be accurate in her opinion.
2:47:56 PM
CHAIR CLAMAN said that is the policy question the committee
needs to ponder. The committee needs to consider the value of
allowing individuals to clear their records of certain
convictions while ensuring that relevant information remains
accessible.
CHAIR CLAMAN thanked Ms. Meade. He said he appreciated the
discussion about the distinctions between the various forms of
record relief.
CHAIR CLAMAN held SB 100 in committee.
2:48:38 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 100 Legislation 4.23.2023.PDF |
SJUD 1/24/2024 1:30:00 PM |
SB 100 |
| SB 100 Sectional Analysis 4.24.2023.pdf |
SJUD 1/24/2024 1:30:00 PM |
SB 100 |
| SB 100 Sponsor Statement 4.24.2023.pdf |
SJUD 1/24/2024 1:30:00 PM |
SB 100 |