Legislature(2015 - 2016)BUTROVICH 205
02/25/2016 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings on Governor Appointees | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 25, 2016
9:02 a.m.
MEMBERS PRESENT
Senator Bill Stoltze, Chair
Senator John Coghill, Vice Chair
Senator Charlie Huggins
Senator Lesil McGuire
MEMBERS ABSENT
Senator Bill Wielechowski
COMMITTEE CALENDAR
CONFIRMATION ON GOVERNOR APPOINTEES
Violent Crimes Compensation Board
Gerard Godfrey - Eagle River
- CONFIRMATIONS ADVANCED
Alaska Police Standards Council
Bryce Johnson - Juneau
Brad Reich - Kotzebue
Carrie Belden - Anchorage
John Papasodora - Nome
Kelly Swihart - Petersburg
- CONFIRMATIONS ADVANCED
State Board of Parole
Steve Meyer - Kenai
Jason Wilson - Juneau
- CONFIRMATIONS ADVANCED
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; establishing a pretrial services program with
pretrial services officers in the Department of Corrections;
relating to permanent fund dividends; relating to electronic
monitoring; relating to penalties for violations of municipal
ordinances; relating to parole; relating to correctional
restitution centers; relating to community work service;
relating to revocation, termination, suspension, cancellation,
or restoration of a driver's license; relating to the
disqualification of persons convicted of certain felony drug
offenses from participation in the food stamp and temporary
assistance programs; relating to the duties of the commissioner
of corrections; amending Rules 6, 32, 32.1, 38, 41, and 43,
Alaska Rules of Criminal Procedure, and repealing Rules 41(d)
and (e), Alaska Rules of Criminal Procedure; and providing for
an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 91
SHORT TITLE: OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
SPONSOR(s): SENATOR(s) COGHILL
03/25/15 (S) READ THE FIRST TIME - REFERRALS
03/25/15 (S) STA, JUD, FIN
04/02/15 (S) STA AT 9:00 AM BUTROVICH 205
04/02/15 (S) Heard & Held
04/02/15 (S) MINUTE(STA)
02/03/16 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/03/16 (S) STA, JUD, FIN
02/13/16 (S) STA AT 10:00 AM BUTROVICH 205
02/13/16 (S) Heard & Held
02/13/16 (S) MINUTE(STA)
02/18/16 (S) STA AT 8:30 AM BUTROVICH 205
02/18/16 (S) Heard & Held
02/18/16 (S) MINUTE(STA)
02/25/16 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
GERAD GODFREY, Chair
Violent Crimes Compensation Board
Eagle River, Alaska
POSITION STATEMENT: Testified as an appointee to the Violent
Crimes Compensation Board.
BRYCE JOHNSON, Chief of Police
Juneau, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
BRAD REICH, Director of Public Services
Northwest Borough
Kotzebue, Alaska
POSITION STATEMENT: Testified as an appointee to the Violent
Crimes Compensation Board.
CARRIE BELDEN, Division Director
Probation and Parole
Department of Corrections
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
JOHN PAPASODORA, Chief of Police
Nome, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
KELLY SWIHART, Chief of Police
Petersburg, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska
Police Standards Council.
STEVE MEYER, Retired Probation Parole Officer
Kenai, Alaska
POSITION STATEMENT: Testified as an appointee to the State Board
of Parole.
JASON WILSON, VPSO Manager
Tlingit & Haida
Juneau, Alaska
POSITION STATEMENT: Testified as an appointee to the State Board
of Parole
JORDAN SCHILLING, Staff
Senator John Coghill
Alaska State Legislature
POSITION STATEMENT: Provided information about SB 91 on behalf
of the sponsor.
ACTION NARRATIVE
9:02:20 AM
CHAIR BILL STOLTZE called the Senate State Affairs Standing
Committee meeting to order at 9:02 a.m. Present at the call to
order were Senators Coghill, Huggins, and Chair Stoltz. He noted
Senator Wielechowski was excused.
^CONFIRMATION HEARINGS ON GOVERNOR APPOINTEES
CONFIRMATION HEARINGS ON GOVERNOR APPOINTEES
9:03:47 AM
CHAIR STOLTZE announced confirmation hearings on Governor
Walker's appointees.
Violent Crimes Compensation Board
9:04:30 AM
GERAD GODFREY, Chair, Violent Crimes Compensation Board,
testified as an appointee to the Violent Crimes Compensation
Board. He described his past experience serving on the board
since 2003 and shared that the board has made a lot of positive
contributions for victims of violent crime. He said the staff on
the board is extremely dedicated. He pointed out there were
about 950 victim claims last year.
CHAIR STOLTZE asked for the primary funding source for the
compensation restitution fund.
MR. GODFREY said it is funded from garnished PFD monies of
incarcerated felons and with federal Victims of Crime Act funds.
He said only once did they have to request general fund support.
He related that their budget has been as low as $400,000 and as
high as $2.4 million; generally $2 million is adequate to meet
their mission. The last board meeting is scheduled for the end
of the fiscal year in order to deal with the funding status.
CHAIR STOLTZE asked if he has concerns about a restructuring of
the PFD and how it would affect the funding source.
MR. GODFREY stated there is uncertainty there. He gave an
example of how it might look with a $1,000 PFD; it would provide
funds for half the year. He referred to the Murkowski years when
the PFD was small and there was a need to reduce the
compensation amounts. During that time, caps were put on
counseling, funeral, and medical bills. He provided strategies
they learned from that scenario toward negotiations over medical
bills.
9:13:01 AM
CHAIR STOLTZE mentioned victims' rights issues.
SENATOR MCGUIRE joined the committee.
9:13:26 AM
She thanked Mr. Godfrey for his service. She asked whether the
board could negotiate funeral and other costs if the PFD is
reduced. She requested the board use a range to fund victims.
MR. GODFREY reported that funeral homes are not interested in
negotiating. He said counseling allocations should be revisited
and, in the past, there was a cap on counseling payments. He
agreed that the PFD is declining. He said the board values lost
wage replacement highly.
9:17:18 AM
CHAIR STOLTZE thanked Mr. Godfrey and other board members, Dr.
Brown, Dr. Regina Chenault, and Leroy Barker.
Alaska Police Standards Council
9:19:01 AM
BRYCE JOHNSON, Chief of Police, testified as an appointee to the
Alaska Police Standards Council (APSC). He shared his background
in law enforcement and said he cares deeply about the profession
and where it is headed. He called law enforcement a success due
to a decline in crime rates.
9:20:45 AM
CHAIR STOLTZE asked what the challenges of being on the council
might be going forward.
CHIEF JOHNSON replied that one of the challenges is ensuring the
standards of the profession by looking at confidential cases of
officers who have done things that would disqualify them from
serving in the profession and coming to a just decision as to
the consequences. However, he said another focus should be on
how to keep things positive, such as by leadership training.
SENATOR MCGUIRE thanked Chief Johnson for his willingness to
serve on the council. She noted a cultural shift in the way law
enforcement relates to the public by enforcing community values
and outreach. She spoke of Chief Johnson's innovative ideas
toward that goal.
CHIEF JOHNSON agreed that there is a shift from the warrior
mentality to a guardian ethos. He spoke of how law enforcement
has evolved from community-oriented policing to intelligence-led
policing after 911. After Ferguson, most agencies turned back to
the community-guardian model. He spoke of the "Coffee with the
Cops," a national program, and other ways of reaching out to the
public.
9:26:23 AM
SENATOR HUGGINS agreed that 911 created a real problem in the
country. He said some police look more like the Gestapo. He
suggested taking a look at that in light of recent shootings. He
asked how to keep police standards high for applicants.
CHIEF JOHNSON agreed that standards need to be high. He used LA
and Miami as examples where police standards were lowered
resulting in scandals. He said the challenge is to find
qualified applicants and to decide whether or not to adjust
standards. He noted APSC sets base standards and most of the new
standards have raised the bar and include a psychological
profile. He said there is about a 6 percent pass rate for new
applicants in Juneau.
9:30:33 AM
SENATOR HUGGINS asked why an officer cannot use marijuana.
CHIEF JOHNSON replied that it is against federal law; it is a
controlled illegal substance.
CHAIR STOLTZE asked whether the council addresses department
standards.
CHIEF JOHNSON explained that there are rules for department
standards that the council addresses.
CHAIR STOLTZE noted the council is also responsible for
standards for correctional officers.
CHIEF JOHNSON looked at the report regarding correctional
officers and has talked to the Department of Corrections about
concerns with Title 47 holds. He thought the underlying issues
were similar to police department policies and procedures.
9:33:47 AM
SENATOR MCGUIRE asked what resources are available to officers
in Juneau when they encounter someone under the influence of
alcohol or drugs.
CHIEF JOHNSON explained that JPD follows Title 47, which labels
intoxication a medical problem. Other options are for officers
to take the person home, make use of the Rainforest Recovery
Center, admit them to Bartlett Regional Hospital - Housing First
is in process - and the last resort is Lemon Creek Correctional
Center. He said they do not use Title 47 as a catchall and it is
not used when a crime is committed.
9:36:41 AM
SENATOR COGHILL thanked Chief Johnson. He spoke of Village
Public Safety Officers (VPSO's) and the range of issues they
deal with. He asked how to lay out an open door for those who
want to go into law enforcement. He voiced concern about how to
prevent youthful discretions from disqualifying a person from a
law enforcement career.
CHIEF JOHNSON replied that he recommends to those who are
interested in the profession to "be a good person." He said
there are school resource programs, such as Youth Academy for
middle school students and the Police Explorer Program at the
high school level. He described the program's curriculum.
SENATOR COGHILL thought those programs would be important for
the up-and-coming generation.
9:40:56 AM
SENATOR HUGGINS asked what the standards to become a police
chief are.
CHIEF JOHNSON replied that they would have to be able to be
certified as a police officer in Alaska by attending a police
academy. To become a police chief they must have all the
qualifications to become a police officer and then have
additional leadership training and experience.
9:42:43 AM
SENATOR MCGUIRE inquired about crisis intervention training. She
asked about how much time is spent in pro-active and re-active
interventions and how much time the council spends in providing
training programs for officers.
CHIEF JOHNSON said the APSC staff sponsors a lot of pro-active
training. He thought the council spent the majority of their
time dealing with negative behavior and sanctions. He used a
pyramid analogy to describe how their time should be allocated.
He said one of his goals is to engage more in the pro-active
area.
9:47:05 AM
BRAD REICH, Director of Public Services, Northwest Borough,
testified as an appointee to the Alaska Police Standards
Council. He discussed his new role with the VPSO program. He
noted this will be his second term on the council and he is
looking forward to working on police ethics, planning, training,
and following standards. He agreed that there are some negative
duties on the council, but also positive ones, such as the
training program and improving public safety.
CHAIR STOLTZE asked about standards for correctional officers.
MR. REICH suggested to focus on more training for correctional
officers.
SENATOR COGHILL expressed gratitude for Mr. Reich's work.
MR. REICH shared his past experience as a VPSO in 1990. He said
his region has 9 VPSO's and could use 13, as they are really
helping the region. He thanked the state and legislature for the
VPSO program.
CHAIR STOLTZE asked if there have been any challenges or
opportunities as a member of the council on the use of firearms
for VPSO's.
9:51:05 AM
MR. REICH said there are 4 or 5 VPSO's in training at the
academy and the last stage is where they are required to pass a
psychological test. He said this process is new and he would
like to get more information about it.
9:52:04 AM
CARRIE BELDEN, Division Director, Probation and Parole,
Department of Corrections (DOC), testified as an appointee to
the Alaska Police Standards Council. She described her
professional background as a probation officer, on the parole
board, and currently as a division director. She said she
believes in the service the council provides and would like to
help them with their decisions and issues related to DOC. She
agreed that officers should be warriors and guardians and be
pro-active. She concluded that there are things that law
enforcement agencies could do better.
9:55:03 AM
SENATOR HUGGINS referenced Ms. Belden's resume and noted the
term "absconder bank." He asked what an "absconder bank" is.
MS. BELDEN explained that it is for people on parole who are no
longer reporting to their parole officers and have active
warrants.
SENATOR HUGGINS asked if that is a large number.
MS. BELDEN said it varies by community.
SENATOR HUGGINS asked for her view on how effective ankle
monitors are.
MS. BELDEN thought ankle monitors were a tool in the tool box.
They help for some people to remain connected to their family
and keep working. They are not appropriate for others.
CHAIR STOLTZE asked if she is an exempt employee.
MS. BELDEN said yes.
CHAIR STOLTZE asked if there was any conflict of interest when
dealing with corrections officers.
9:58:33 AM
MS. BELDEN said she would recuse herself from the revocations of
corrections officers that belong to her agency. She did not feel
her appointment would be a conflict of interest. She concluded
that she would do what is right.
CHAIR STOLTZE asked if she would participate in the discussions
and debates and when she would recuse herself.
MS. BELDEN assumed that the council had an established pattern
in place for that situation.
CHAIR STOLTZE was impressed by Ms. Belden's boundaries.
SENATOR COGHILL said he has high regard for Ms. Belden.
10:01:37 AM
JOHN PAPASODORA, Chief of Police, testified as an appointee to
the Alaska Police Standards Council. He shared his professional
background as a law enforcement officer and on the council. He
described the council as a regulatory committee and one that can
promote professionalism.
CHAIR STOLTZE thanked Chief Papasodora for his service.
10:04:33 AM
KELLY SWIHART, Chief of Police, testified as an appointee to the
Alaska Police Standards Council. He provided his background in
military service and in 20 years of law enforcement. He said the
council has an important job and deals with negative aspects,
but also helps define limits, develop standards and training
programs, and provides accountability. He welcomed the chance to
serve.
CHAIR STOLTZE noted Chief Swihart's good reputation in the Mat-
Su Valley.
SENATOR COGHILL thought Chief Swihart's varied experience was an
asset.
CHAIR STOLTZE acknowledged two appointees in the audience,
Commissioner Williams and Commissioner Folger.
State Board of Parole
10:09:04 AM
STEVE MEYER, Retired Probation Parole Officer, testified as an
appointee to the State Board of Parole. He provided his
professional background at DOC, at the Anchorage Police Academy,
at Wildwood, and then as a probation officer.
CHAIR STOLTZE noted his broad interest in public service.
MR. MEYER said public service has been a big part of his life
and he is honored to have been appointed to the board.
CHAIR STOLTZE asked if Mr. Meyer has looked at SB 91 and the
proposed provisions of parole.
MR. MEYER said he has and he generally supports the bill.
10:11:41 AM
CHAIR STOLTZE asked for his opinion of corrections officers
spending more time with prisoners and having a larger role in
the appropriateness of release.
MR. MEYER thought the idea had merit because corrections
officers have valuable input.
CHAIR STOLTZE said there are two sides to the issue. He thought
parole officers might have an advisory role in prisoner release.
SENATOR HUGGINS noted Mr. Meyer is on the Board of Directors for
the Safari Club in Kenai.
MR. MEYER said he is no longer on that board.
10:15:47 AM
JASON WILSON, VPSO Manager, Tlingit & Haida, testified as an
appointee to the State Board of Parole. He shared his
professional background as a youth counselor at the Johnson
Youth Center, on the Indian Child Welfare Team, and currently as
the VPSO manager for Southeast Alaska.
CHAIR STOLTZE asked if his background is in youth corrections.
MR. WILSON said for the most part.
SENATOR HUGGINS thanked Mr. Wilson for his application. He told
a story about youth hunting on reservations. He noted success is
an important part of the building block for youth.
MR. WILSON agreed. He shared his experience at hearings where
youths have graduated to the adult system. He maintained that
making a difference has to start with youth.
10:20:09 AM
CHAIR STOLTZE asked whether the revisions made to the juvenile
waiver bill work and if they should be changed or repealed.
MR. WILSON thought there was room for improvement and the
ramifications and negative impacts needed to be looked at. He
said some parts work and some don't.
CHAIR STOLTZE shared a story of a juvenile murderer and
discussed efforts of some to repeal the bill. He noted youthful
offenders can be violent.
CHAIR STOLTZE closed public testimony.
CHAIR STOLTZE advanced the names of the appointees to the full
membership of the Legislature in joint session for consideration
and a final vote.
10:23:48 AM
At ease
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
10:24:39 AM
CHAIR STOLTZE announced the consideration of SB 91. He noted
Senator Coghill has four amendments to the bill.
SENATOR JOHN COGHILL, sponsor of SB 91, noted four amendments
resulting from conversations with the Office of Victims' Rights,
law enforcement, shelters for domestic violence, and new
concepts in law. He said the goal is to make sure the public is
safer.
10:26:39 AM
He explained that Amendment 1 is the largest and changes several
sections; it is under the misdemeanor section and would remove
domestic violence assaults from the trier fact to ensure that
domestic violence assault in the fourth degree can be sentenced
within the normal range of the misdemeanor-A range of zero to
365 days or a year. He added that Amendment 1 will also take
harassment-2, trespass-2, and criminal mischief-5 back to class-
B misdemeanors; these changes involve Sections 8, 13, 26, and
27.
He related that under felonies, the inflation adjustment was
taken out of the felony theft level. The criminal negligence
homicide of a child remained the same. Sex offenders were
excluded from administrative parole in Section 95, as were
geriatric sex offenders. Administrative parole was made
discretionary.
10:30:07 AM
He addressed changes in probation. In Section 61, the maximum
term of probation for an unclassified felony was increased to
ten years. Under probation and parole, unclassified felonies of
sexual assault and domestic violence were excluded from the
presumptive early discharge. Language requiring victims to
testify was also deleted.
He explained that suspended entry of judgement excludes domestic
violence offenses under Section 59. He said there were changes
in controlled substance; heroin was moved into its own category
and methamphetamine precursor language was added.
10:32:26 AM
JORDAN SCHILLING, Staff, Senator Coghill, Alaska State
Legislature, provided information about SB 91 on behalf of the
sponsor. He explained changes to the misconduct involving
controlled substances, responding to concerns by the Office of
Victims Rights (OVR). The meth precursor language was added back
into the bill and the enhanced presumptive range for delivery to
an individual under 19 will come back up to the unclassified
felony range, rather than the Class A felony range. There was
also concerns from Law and OBR that it wouldn't be prudent to
change the enhanced sentence for possessing drugs within 500
feet of a school. That was moved to its existing level. Another
concern from OVR was the change of the enhanced presumptive
range for manufacture of methamphetamine in a residence where a
child resides, so that was also left at its existing range of 7
to 11 years.
SENATOR COGHILL clarified that it was returned back to the
higher felony.
He addressed a change requested by law enforcement in Anchorage,
on page 21, lines 15 and 25. He asked which section that was
found in.
MR. SCHILLING clarified that it is in AS 12.25.180 or Section
37.
SENATOR COGHILL continued to explain that the change is
regarding someone who is a "significant" danger to self and
others. The word "significant" was removed. Exceptions for
sexual offenses were created. Also, a new subsection was created
that offers liability immunity for police officers when making
quick judgement calls.
10:35:49 AM
He discussed an amendment regarding random drug testing for
those who have been convicted for a drug offense. He said it is
a Title 47 issue. The amendment states that those in welfare
system programs will be required to participate in random drug
testing. He said it is a public safety issue.
CHAIR STOLTZE stated that the amendment is focused only on those
in the criminal justice system.
SENATOR COGHILL agreed. He added that the purpose is for
accountability and marijuana testing was excluded at this time
due to questions about testing.
CHAIR STOLTZE noted that the amendments are posted on BASIS.
SENATOR COGHILL said Amendment 1 is the most complicated.
CHAIR STOLTZE suggested a brief description of each be included
in the posting. He thanked Senator Coghill for including
comments from the public into the changes.
SENATOR COGHILL described the extensive number of meetings that
took place. He maintained that the bill is a work in progress,
but the most troublesome areas have been addressed.
CHAIR STOLTZE commented on the outreach to police officers and
that their testimony is reflected in the changes.
SENATOR COGHILL concluded that the guiding principal is to keep
people safe.
CHAIR STOLTZE pointed out that the amendments will most likely
be rolled into the bill.
10:41:30 AM
SENATOR HUGGINS complimented the committee and the sponsor for
accommodating outside opinions and ideas, as well for saving
money.
SENATOR MCGUIRE agreed and appreciated the work the sponsor and
committee have done, and the balance in the bill between
protection, victims' rights, and costs. She called it one of the
best pieces of legislation in her career.
CHAIR STOLTZE appreciated Commissioner Williams' following of
the legislation.
CHAIR STOLTZE held SB 91 in committee.
10:45:40 AM
There being no further business to come before the committee,
Chair Stoltz adjourned the Senate State Affairs Committee at
10:45 a.m.