01/23/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| SB49 | |
| SB36 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 55 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| *+ | SB 36 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 23, 2007
9:01 a.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator Gary Stevens, Vice Chair
Senator Hollis French
Senator Lyda Green
Senator Con Bunde
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 55
"An Act relating to executive clemency."
MOVED SB 55 OUT OF COMMITTEE
SENATE BILL NO. 49
"An Act relating to commemorative license plates celebrating
Alaska's 50th anniversary as a state; and providing for an
effective date."
MOVED CSSB 49(STA) OUT OF COMMITTEE
SENATE BILL NO. 36
"An Act relating to sentencing for the commission of certain
offenses influenced by alcohol and to the offense of consumption
of alcohol in violation of sentence."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 55
SHORT TITLE: NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY
SPONSOR(S): SENATOR(S) GREEN
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, JUD, FIN
01/23/07 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 49
SHORT TITLE: COMMEMORATIVE PLATES: STATEHOOD ANIV.
SPONSOR(S): SENATOR(S) STEVENS
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, TRA, FIN
01/23/07 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 36
SHORT TITLE: SENTENCING FOR ALCOHOL-RELATED CRIMES
SPONSOR(S): SENATOR(S) THERRIAULT
01/16/07 (S) PREFILE RELEASED 1/5/07
01/16/07 (S) READ THE FIRST TIME - REFERRALS
01/16/07 (S) STA, JUD, FIN
01/23/07 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
PORTIA BABCOCK, staff
to Senator Lyda Green
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 55 on behalf of Senator Green,
sponsor.
LARRY JONES, Executive Director
Parole Board
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 55.
DUANE BANNOCK, Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Spoke in favor of SB 49.
GAIL PHILLIPS, Chair
Alaska Statehood Celebration Commission
Department of Commerce, Community, and Economic Development
Homer, Alaska
POSITION STATEMENT: Spoke in favor of SB 49.
DAVE STANCLIFF, staff
to Senator Gene Therriault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 36 on behalf of Senator
Therriault, sponsor.
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 36.
ANGELA SALERNO, Advocacy Coordinator
Advisory Board on Alcoholism and Drug Abuse
Department of Health and Social Services
Juneau, Alaska
POSITION STATEMENT: Spoke in opposition to SB 36.
ACTION NARRATIVE
CHAIR LESIL MCGUIRE called the Senate State Affairs Standing
Committee meeting to order at 9:01:27 AM. Senators Green,
Stevens, French, Bunde, and McGuire were present.
9:01:42 AM
SB 55-NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY
CHAIR MCGUIRE announced the consideration of SB 55.
9:01:52 AM
PORTIA BABCOCK, staff to Senator Lyda Green, said SB 55
clarifies that the governor "shall" go through a process
[regarding executive clemency] that is outlined in statute,
instead of "may" go through the process. The current process
begins with a clemency application to the parole board for
processing, and the application then goes to the governor. "But
there's no requirement that that happen, and there's also no
requirement in statute that the victim be notified that the
application is being considered." The victim rights law of 1994
balances the rights of victims with the right of the governor to
grant pardons or clemency, she said. She noted that the
situation comes up rarely so "it hasn't been an issue until
recently." [A recent incident] showed that the statute is behind
the times in making sure victims are included in the process if
they so choose. This process is different from other victim
notification processes where anyone can sign up to get
notification of a prisoner's change in status. She said that
occurs because the offender is incarcerated and in the system.
Because executive clemency and pardons can occur after a long
period of time, "that process doesn't really fit in." The
applicant may have already served time and be out of custody.
9:04:53 AM
MS. BABCOCK said Section 2 of the bill requires that the board
shall send notice of an application for executive clemency to
the Department of Law and the Office of Victims Rights. "One of
the considerations that has come up there is to add in 'and the
victim' to make sure that the victim is also notified." The bill
also states that the governor may not act until 60 days have
lapsed from the time the notification took place. She said there
is zero fiscal impact.
9:05:39 AM
SENATOR BUNDE asked about notification and the transience of
Alaska's population. "When do you stop trying?"
MS. BABCOCK said the sponsor is still working with the
Department of Law to determine what is reasonable in locating
and notifying victims. The drafters of the bill are trying to
come up with a description of "reasonable effort." The internet
makes it easier, but a reasonable standard needs to be created.
CHAIR MCGUIRE said that could be done in the regulations.
9:07:33 AM
SENATOR STEVENS asked about including the victim in the process.
"What does the victim have that they don't have right now?"
MS. BABCOCK said the bill would require that the victim be
notified before any action takes place. Currently victims are
notified if they have requested it. The participation would be
the same; there would just be broader notification. The victims
can comment in writing to the parole board, giving the executive
that additional information when making a clemency decision.
9:08:56 AM
SENATOR FRENCH asked when victims need to tell the parole board
they want to be notified about executive clemency. "When in the
criminal process would we expect the victims to become aware
that there might be some future application for clemency and
that they have a statutory right, if they request to do so, to
be notified?"
9:09:42 AM
MS. BABCOCK said she is not sure if that occurs at the same time
the victims request to be notified of any action. She suggested
asking the parole board what happens currently when the victim
is requesting notification of clemency.
9:10:21 AM
SENATOR FRENCH asked about line 13 regarding the victim's
request for notification, and he said most victims will likely
not take advantage of it. He said the intent is not waiting for
the victim to approach the state, "but actually reaching out to
the victim and saying you need to know this is happening in case
you want to do something about it."
9:11:17 AM
CHAIR MCGUIRE said that she, along with Representatives Samuels
and Stoltz, passed a bill into law that requires victims' rights
to be read at the scene of a crime. There is a pamphlet to give
to victims on their constitutional rights, but there are "a fair
number of people that it would probably pass by."
9:11:54 AM
LARRY JONES, Executive Director, Parole Board, Department of
Corrections, stated that the important part of the bill is the
"shall" replacing the "will." Recently the governor has not come
to the parole board. "Because of the 'may' they were handled
totally internally within the office of the executive-the
governor." Clemency requests getting to the point of application
are relatively rare, he said, but the discussion of this issue
in the media has prompted more persons to request a pardon. He
said the board staff has never "taken the tack" that victims had
to have requested notification. "We have always tried to find a
way to contact the victim." He said one pardon in a previous
administration was from a crime in the 1940s. The Office of
Victims Rights does not always represent everyone, and victims
must make the request. He said the board has attempted to
contact victims for "person crimes." Sometimes it is the broader
community that is the victim.
9:14:31 AM
SENATOR BUNDE asked about the definition of a victim.
MS. BABCOCK said it is the definition given in AS 12.55.185,
which includes family members if the victim is a minor,
incapacitated, or deceased.
9:15:31 AM
SENATOR FRENCH said it sounds like Mr. Jones is reaching out to
contact victims. He asked if additional language requiring
reasonable efforts to contact the victim would be a burden to
the board.
MR. JONES said it would not be a burden because it is something
the parole board does already. He added that "the board is
quite familiar with this because for all discretionary parole
considerations--and again those persons are still incarcerated--
victims have the right to physically attend those hearings." The
board is involved with the victims regularly, he stated.
9:16:51 AM
The committee took a brief at-ease.
[There is a disruption in the sound recording until 9:34 a.m.]
9:17:49 AM
CHAIR MCGUIRE asked for further public testimony.
SENATOR GREEN moved to report SB 55 from committee with attached
fiscal notes and individual recommendations.
SENATOR BUNDE suggested further refinements.
CHAIR MCGUIRE said the committee should pass SB 55 to the
judiciary committee.
SENATOR BUNDE objected.
9:19:16 AM
A roll call vote was taken on the motion of passing SB 55 out of
committee. Senators French, Green, Stevens and McGuire voted in
favor and Senator Bunde voted against. Therefore SB 55 and the
attached fiscal notes moved from committee with individual
recommendations.
SB 49-COMMEMORATIVE PLATES: STATEHOOD ANIV.
CHAIR MCGUIRE announced the consideration of SB 49.
9:19:48 AM
SENATOR STEVENS noted that 2009 is the 50th anniversary of
Alaska's statehood. The legislature created the Alaska Statehood
Celebration Commission, which recommended the issuance of a
special vehicle license plate for the anniversary. The
commission will help design the plate. He noted an amendment to
SB 49 changing the issue date of the plate to January 1, 2008,
and he added that he had a letter of support from Gail Phillips
who is the chair of the commission. There is a zero fiscal note.
9:21:29 AM
DUANE BANNOCK, Director, Division of Motor Vehicles, Department
of Administration, said the administration is in full support of
SB 49. He said he supports the amendment that changes the
issuance date so the orders will be delivered by January 2,
2008. This plate will remain the state's plate for two years
and then revert back to the current plate design, he explained.
SENATOR BUNDE asked if commemorative plates can be purchased.
MR. BANNOCK said if a vehicle owner wanted to replace his or her
current license plate, it would cost five dollars.
9:23:53 AM
SENATOR FRENCH asked if the "last frontier" plates would also be
available during those two years.
MR. BANNOCK said no, but a person could get the traditional
plate in the personalized variety.
9:25:01 AM
SENATOR FRENCH spoke of his hesitance because the legislature
could not review the new design.
MR. BANNOCK said he has seen the design and told the senators to
request it from the commission.
GAIL PHILLIPS, Chair, Alaska Statehood Celebration Commission,
said the commission has been working to get the plate design
approved, but it is not finalized. She offered to provide the
committee with the design that the commission has chosen.
9:27:14 AM
SENATOR GREEN asked if the design is like a poster she has seen.
MS. PHILLIPS said there were similarities, but there needed to
be specifications so the design would fit on a license plate.
SENATOR BUNDE asked if Ms. Phillips is part of the design
decision.
MS. PHILLIPS said the commission is working with the Division of
Motor Vehicles.
SENATOR BUNDE noted Ms. Phillips' dislike of the bear design
used on a past license plate.
9:28:19 AM
CHAIR MCGUIRE said she liked the plate with the bear design.
SENATOR STEVENS moved Amendment 1, as follows:
Page 1, line 10, strike "August 1, 2007"
Insert "January 1, 2008"
Hearing no objection, it was so ordered.
SENATOR STEVENS moved SB 49 as amended with attached fiscal
notes and individual recommendations. Hearing no objection, CSSB
49(STA) passed from committee.
9:29:29 AM
SB 36-SENTENCING FOR ALCOHOL-RELATED CRIMES
CHAIR MCGUIRE announced the consideration of SB 36.
9:29:41 AM
DAVE STANCLIFF, staff to Senator Gene Therriault, noted that
legislation similar to SB 36 was before the Senate last year.
Senator French added language during the Senate Judiciary
Committee hearings, he said. SB 36 is based on the premise that
certain members of society are transformed under the influence
of alcohol, predisposing them to drive under the influence and
commit acts of domestic and sexual abuse. If these people had
not used alcohol, their lives would be very different, he
stated. Prohibiting alcohol as a condition of probation allows
some of these people to live productive lives--until the
probation is over. "A very, very sad saga for some folks," he
commented. SB 36 will allow "the person that is sitting in
judgment of these offenders" to impose up to a lifetime ban on
the use of alcohol. The bill only includes those who commit
serious crimes, felonies, have more than two accounts of driving
under the influence, or who caused serious damage while driving
under the influence. Mr. Stancliff gave an example where a
domestic abuse victim could report an offender when drinking
begins instead of after a crime is committed. If law enforcement
is called, interdiction can occur before the crime, he stated.
9:33:23 AM
MR. STANCLIFF said the bill will protect the person that is back
in the society--not just during probation--but for life. The
fiscal notes are indeterminate, he said, but there is reason to
believe that SB 36 will cause some people to go back "into the
system" and others to stay out. He said SB 36 is designed for
model citizens who become monsters after alcohol consumption.
9:36:56 AM
SENATOR GENE THERRIAULT, Alaska State Legislature, sponsor of SB
36, said the bill started with a lifetime ban on alcohol
consumption and now provides for "up to" a lifetime ban.
Drunken driving offenses and other irresponsible actions result
in state expenditures, he said.
9:36:16 AM
CHAIR MCGUIRE asked how the bill is different from the suspended
imposition of sentences where a court can modify a sentence to
reflect certain conditions. She gave the example of suspending
part of a sentence if the offender stops using alcohol. She
asked why that isn't working.
SENATOR THERRIAULT said current sentencing can't go beyond what
the statute allows. Allowing a prohibition of alcohol
consumption for a lifetime is longer than any current sentencing
guidelines, he surmised. SB 36 is not a replacement, but another
tool to use. He said he imagines the law being used in instances
where a person completely changes with alcohol consumption.
9:37:57 AM
SENATOR BUNDE said not all people who abuse alcohol are
alcoholics. He asked about other drugs, like "crack."
SENATOR THERRIAULT said alcohol is not illegal, crack is. If a
person's first drink leads to bad consequences, the courts will
be able to impose "this extra step."
SENATOR BUNDE said marijuana is quasi legal in Alaska. The bill
is intended to keep people from hurting themselves and he asked
about the use of seatbelts.
SENATOR THERRIAULT said SB 36 is aimed at protecting others.
9:39:50 AM
ANGELA SALERNO, Advocacy Coordinator, Advisory Board on
Alcoholism and Drug Abuse, Department of Health and Social
Services, said the board is not in favor of SB 36. Further
criminalization and incarceration of people with alcohol
addiction will not be an effective strategy. Alcoholism is a
chronic disorder, she noted. Studies have shown that 54 percent
of all alcohol abuse patients can be expected to relapse, and 61
percent of those will have multiple relapses. She said those are
statistics for people who were lucky enough to get treatment,
and 35,000 Alaskans who needed treatment did not get it in 2004.
"We've dropped the ball," she stated. State funding for
treatment has dropped by over $18 million between 2002 and 2007.
In fiscal year 2004, funding for substance abuse treatment in
Alaska's prisons was slashed, and fifteen programs disappeared.
"Prisoners with alcohol addictions hit the street without
treatment or support for successful re-entry." Criminalizing and
incarcerating has the potential to make things worse. If
criminality is driven by addiction to alcohol, there is no way
to break the cycle. The prisons are already full. She
recommended treatment for these criminals. Alaska's drug courts
are the beginning, but it is a small, small step, she said.
9:43:04 AM
MS. SALERNO recommended California's 2000 voter-initiative
model, which requires that offenders of nonviolent, drug-related
crime be offered probation and community-based treatment in lieu
of prison. Outcomes of this model show that more than 140,000
people were diverted from incarceration to treatment during the
first four years, and half were getting treated for the first
time. The number of people incarcerated in state prisons for
drug possession fell by 32 percent and negated the construction
of a new prison. It saved the state over half a billion dollars.
For every dollar invested in treatment, four dollars are saved
in the costs of the criminal justice system. She said treatment
works, and asked the committee not to take "this expensive and
ineffective path."
9:44:31 AM
MS. SALERNO said the board finds it alarming how much the state
has dropped the ball on treatment for alcohol abuse. Medicaid
does not cover the treatment, so the state has to cover it. She
said it will save money in the long run and help families and
communities in addressing this serious public health problem.
9:45:06 AM
SENATOR BUNDE said he helped cut the treatment programs because
they weren't effective. He said people who voluntarily join a
program like AA had higher success rates than people who went
into the state program. The state programs had low success
rates, he said. He said the California model has "kept them out
of prison, but I don't know if it kept them sober."
SENATOR FRENCH said the California program is aimed at
nonviolent offenders, but SB 36 is aimed at violent offenders.
He asked for a reevaluation.
MS. SALERNO said she believes that "we are addressing the issue
of prevention." She said crimes fueled by alcohol become worse
because the individual has not been given treatment. She said
she is not against punishment to those who are a threat to
society, but many people are in prison because of inadequate
treatment resources. Treatment works, relapse happens, but many
people find recovery, she concluded.
9:47:33 AM
CHAIR MCGUIRE asked for committee discussion.
SENATOR GREEN said she opposed the legislation last year and she
agrees with Ms. Salerno. She expressed concerned that the law
will be unenforceable. It doesn't work to tell an alcoholic not
to drink, she said, so she is not supporting the bill.
9:48:41 AM
SENATOR BUNDE said people who are forced into programs by courts
have a low success rate. Drunk drivers and domestic violence
offenders create new victims, so he wants the state to put its
money into incarceration instead of ineffective rehabilitation.
He said he will support SB 36.
9:49:20 AM
SENATOR FRENCH said the bill is not a magic bullet, but may help
prosecutors to "stack the deck so heavily against an offender
that that person is then forced into treatment." An individual
on probation for a second driving-while-intoxicated offence may
be offered a six-month suspension and is facing 18 months in
jail for having a drink, he said. It is a good tool for a
prosecutor striking a deal for someone to get treatment.
9:51:12 AM
SENATOR GREEN asked if that is what the drug court is designed
for--to strike that bargain. She said that prohibiting drinking
"are just lost words" to an alcoholic.
9:52:04 AM
SENATOR FRENCH said there are no words to change the heart of an
alcoholic. The consequences of the addiction are so severe that
"at some level I think we just have to strike a balance and a
trade off between what may not be the perfect tool and doing
something." He said drug courts are the preferred model, but
they are not available everywhere and to everyone in the state,
and this bill is at least doing something.
9:53:10 AM
SENATOR GREEN asked if the drug court is for felonies.
SENATOR FRENCH said the drug court is for felonies and the
therapeutic court is for misdemeanors.
CHAIR MCGUIRE asked if Senator Therriault "considered making it
a misdemeanor."
SENATOR FRENCH said his understanding is that the first offense
is a misdemeanor and the second offense is a felony.
9:53:56 AM
SENATOR THERRIAULT said SB 36 is not a tool available to the
court for all crimes that involve alcohol; it is for "specific
cases where there's been an attack on another person or multiple
drunk driving cases." It cannot be applied indiscriminately but
where alcohol triggers gross irresponsibility or aggression.
The judge would be able to use it as a tool for someone who goes
on an abusive bender, for example, but who is not an alcoholic.
The court would want testimony to determine if someone changes
dramatically when drinking, "like flipping a switch." The
prosecutor could use it in sentencing as a permissive tool and
not to be applied to every alcohol-related case.
9:56:32 AM
CHAIR MCGUIRE suggested SB 36 would include crimes where there
is serious bodily injury, assaults, and repeated drunk driving.
The opposing sides agree on the harm caused, but the question is
what to do about it. She asked if other states have used it with
success, or are there just more people in jail who come out and
drink again and "get their next felony."
9:57:21 AM
SENATOR THERRIAULT said there is no other state that has used
this tool, but Alaska has a severe alcohol problem. Other states
watch to see what Alaska does, he noted. SB 36 is an opportunity
to put this in Alaska's tool box. Alaska citizens are looking
for creative ways to solve the state's big alcohol problem.
9:59:00 AM
CHAIR MCGUIRE said her reservation is that crimes of alcoholism
disease are dealt with by imprisonment, and she asked if it
breaks the cycle or just gets the person further from recovery.
Therapeutic courts were created because the same people would
keep going back to jail because of alcoholism. It was the
innovative approach of mandatory treatment to cure the
underlying disease. She expressed concern that SB 36 might not
do that. She will hold the bill until Thursday to let committee
members mull it over. She said she gets the point, and certainly
the victims of the crimes should not suffer because the criminal
has a disease. Chair McGuire asked if there should be more money
in Alaska's therapeutic courts instead. "What is the likelihood
that you're going to get treatment, or are we just going to put
you in another jail and you're going to mark the days until you
get out to have your next drink and commit your next crime."
10:01:19 AM
SENATOR THERRIAULT said the bill is not in place of treatment; a
person can still be encouraged to get treatment.
SENATOR GREEN asked about an exemption or alternate treatment
for those with alcoholism and co-occurring disorders. That needs
to be looked at, she said.
SENATOR THERRIAULT said the court would have that information on
the defendant. This is a permissive tool and not automatic. It
can be tailored to the individual. This tool can be used on
those with a history of violent crimes.
SB 36 was held in committee.
CHAIR MCGUIRE adjourned the Senate State Affairs meeting at
10:03:20 AM.
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