Legislature(2015 - 2016)BUTROVICH 205

02/13/2016 10:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 123 USE OF ELECTRONIC DEVICES WHILE DRIVING TELECONFERENCED
Heard & Held
Presentation by Sponsor
-- Public Testimony --
10:30 am - 11:30 am
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
Presentation by Sponsor
-- Invited Testimony Until 11:30 am --
John Skidmore, Department of Law - Criminal
Division
Brenda Stanfill, Interior Alaska Center for
Non-Violent Living
Taylor Winston, Office of Victim's Rights
Rick Allen, Office of Public Advocacy
-- Public Testimony After 12:00 pm --
Statewide Public Testimony
-- Public Testimony Limited to 2 Minutes --
Limited Number of Off-Net Phone Lines Available
Public Testimony can be Submitted in Writing by
Email: senate.state.affairs@akleg.gov
or by Fax: 907-465-4928
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 13, 2016                                                                                        
                           10:02 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bill Stoltze, Chair                                                                                                     
Senator John Coghill, Vice Chair                                                                                                
Senator Charlie Huggins (via telephone)                                                                                         
Senator Bill Wielechowski (via telephone)                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 123                                                                                                             
"An  Act  relating  to  the penalty  for  the  use  of  electronic                                                              
devices while driving."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
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 & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 123                                                                                                                  
SHORT TITLE: USE OF ELECTRONIC DEVICES WHILE DRIVING                                                                            
SPONSOR(s): SENATOR(s) MEYER                                                                                                    
                                                                                                                                
01/19/16       (S)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (S)       STA, JUD                                                                                               
02/13/16       (S)       STA AT 10:00 AM BUTROVICH 205                                                                          
                                                                                                                                
BILL: SB 91                                                                                                                   
SHORT TITLE: OMNIBUS CRIME 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                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR KEVIN MEYER                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of SB 123.                                                                                        
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 123.                                                                     
                                                                                                                                
GREGORY RAZO, Chair                                                                                                             
Alaska Criminal Justice Commission (ACJC)                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Presented the Annual Report of the Alaska                                                                 
Criminal Justice Commission.                                                                                                    
                                                                                                                                
BRENDA STANFILL, Victim Advocacy Representative                                                                                 
Alaska Criminal Justice Commission                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Described her experience on the commission.                                                               
                                                                                                                                
RICK ALLEN, Director                                                                                                            
Office of Public Advocacy                                                                                                       
Department of Administration                                                                                                    
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Provided input on criminal reform.                                                                        
                                                                                                                                
MARLENE MOTO KARL, representing herself                                                                                         
Deering, Alaska                                                                                                                 
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
TARRI HARROLD-JONES, representing herself                                                                                       
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
BUTCH MOORE, representing himself and his wife, Cindy Moore                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
VICKI WALLNER, President                                                                                                        
Stop Valley Thieves                                                                                                             
Mat-Su Valley, Alaska                                                                                                           
POSITION STATEMENT: Testified in opposition to SB 91.                                                                         
                                                                                                                                
ANDREA ROBINSON, representing herself                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
SHAWN JESSIP II, representing himself                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
KARA NELSON, Director                                                                                                           
Haven House                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
CHRIS NETTLES, President                                                                                                        
National Federation of Independent Businesses                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 91.                                                                         
                                                                                                                                
DARRYL JONES, Corporate Counsel                                                                                                 
Pioneer Peak Monitoring                                                                                                         
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT: Testified on SB 91.                                                                                       
                                                                                                                                
TERRIA WALTERS, representing herself                                                                                            
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified on SB 91.                                                                                       
                                                                                                                                
KIM WHITAKER, Member                                                                                                            
R.E.A.L. About Addiction                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
MAUDE BLAIR, President                                                                                                          
Alaska Federation of Natives                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
ATHENA SINGSAAS, representing herself                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified on SB 91.                                                                                       
                                                                                                                                
MIKE COONS, representing himself                                                                                                
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified on SB 91.                                                                                       
                                                                                                                                
TIMOTHY HALE, representing himself                                                                                              
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
DELICE CALCOTE, representing herself                                                                                            
Sutton, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
HELEN SIMMONDS, representing herself                                                                                            
Barrow, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
BARBARA CHALENDER, representing herself                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
MICHAEL JEFFERY, representing himself                                                                                           
Barrow, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
MIKE LUNDE, Member                                                                                                              
Fairbanks Wellness Court System                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
DONNA BALDWIN, representing herself                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
NATHAN LOCKWOOD, representing himself                                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
ETHAN KNUTHSON, representing himself                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
CARA DURR, Director of Public Engagement                                                                                        
Food Bank of Alaska                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
KATHLEEN VAN VOORHIS, Director                                                                                                  
Food Bank of Alaska                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
PATRICIA LANE, representing herself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
HELEN TRAINOR, representing herself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
WILLIAM DICKERSON, Alumni                                                                                                       
Alaska Therapeutic Court                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
LANCE HANES, Alumni                                                                                                             
Alaska Therapeutic Court                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
ERNIE GOMEZ, Alumni                                                                                                             
Alaska Therapeutic Court                                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in  support of SB 91.                                                                           
                                                                                                                                
JAMES KRUGMAN, representing himself                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to SB 91.                                                                         
                                                                                                                                
CATHLEEN MCLAUGHLIN, Director                                                                                                   
Partners Reentry Center                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
GRACE HERRINGTON, Employee                                                                                                      
Partners Reentry Center                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
VINCE HOLTON, Executive Director                                                                                                
Alaska Monitoring & Drug Testing LLC                                                                                            
Fairbanks Alaska                                                                                                                
POSITION STATEMENT: Testified in support of SB 91.                                                                            
                                                                                                                                
MARY NANUWAK, representing herself                                                                                              
Bethel, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 91, with changes.                                                              
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:02:35 AM                                                                                                                   
CHAIR  BILL  STOLTZE  called the  Senate  State  Affairs  Standing                                                            
Committee meeting  to order at 10:02  a.m. Present at the  call to                                                              
order were Senators Coghill and Chair Stoltze.                                                                                  
                                                                                                                                
10:02:51 AM                                                                                                                   
CHAIR  STOLTZE  reviewed  the agenda  and  said  public  testimony                                                              
would not  be closed  and no action  would be  taken on  the bills                                                              
because the committee does not have a quorum.                                                                                   
                                                                                                                                
                                                                                                                                
         SB 123-USE OF ELECTRONIC DEVICES WHILE DRIVING                                                                     
                                                                                                                              
10:03:57 AM                                                                                                                   
CHAIR STOLTZE announced the consideration of SB 123.                                                                            
                                                                                                                                
10:04:06 AM                                                                                                                   
SENATOR  KEVIN MEYER,  Alaska State  Legislature, Juneau,  Alaska,                                                              
sponsor  of SB 123,  said that  Anchorage had  recently passed  an                                                              
ordinance to  lower the  penalty of texting  while driving  from a                                                              
class A  misdemeanor to a  $500 fine. He  said SB 123  proposes to                                                              
do  the same  statewide that  allows law  enforcement officers  to                                                              
issue tickets immediately,  resulting in a stronger  deterrent. He                                                              
added that no other  aspect of current law was changed  by SB 123.                                                              
SENATOR  MEYER   said  the  bill   will  also  prevent   the  long                                                              
misdemeanor  process and  cost  of prosecuting  individuals  using                                                              
electronic devices while driving.                                                                                               
                                                                                                                                
10:06:35 AM                                                                                                                   
He  continued  to   explain  that  under  current   law,  only  20                                                              
individuals  in Anchorage  were  cited over  four  years and  only                                                              
four  resulted  in  a  conviction.   He  described  the  ticketing                                                              
process under  SB 123. He  noted that SB  123 has two  zero-fiscal                                                              
notes. He opined  that the bill  will save money and deter  a very                                                              
dangerous activity.                                                                                                             
                                                                                                                                
CHAIR STOLTZE  noted that  the Municipality  of Anchorage  changed                                                              
many  of  their traffic  fines  as  a revenue  measure.  He  asked                                                              
Senator Meyer for his opinion.                                                                                                  
                                                                                                                                
SENATOR  MEYER answered  that the  intent of  the bill  is not  to                                                              
make money,  but for  safety and  to save money  for the  state by                                                              
eliminating the criminal court process.                                                                                         
                                                                                                                                
CHAIR STOLTZE asked if there will be more enforcement.                                                                          
                                                                                                                                
SENATOR MEYER answered  yes. He asserted that enforcement  will be                                                              
easier to  enforce and compared  the process to writing  a traffic                                                              
ticket. He  emphasized that  the intent is  not to generate  money                                                              
for the state.                                                                                                                  
                                                                                                                                
CHAIR STOLTZE  said he had heard  the current texting  penalty was                                                              
comparable  to a  first-time  DUI and  officers  were inclined  to                                                              
give a warning for first-time texting offenders.                                                                                
                                                                                                                                
10:10:01 AM                                                                                                                   
SENATOR MEYER agreed  with Chair Stoltze. He spoke  of other laws,                                                              
such as a  minor in possession,  that are also not  being enforced                                                              
and the  possibility that it would  be changed from  a misdemeanor                                                              
to a fine.                                                                                                                      
                                                                                                                                
CHAIR STOLTZE  commented that  if texting  leads to bodily  injury                                                              
there are more severe consequences.                                                                                             
                                                                                                                                
SENATOR MEYER  agreed. He said  the current  law states that  if a                                                              
person who is texting  causes a death or great harm  it results in                                                              
a separate penalty.                                                                                                             
                                                                                                                                
SENATOR COGHILL noted  that in the bill, aggravation  ramps up the                                                              
penalty  into  a  felony;  for   example,  if  a  person  uses  an                                                              
electronic  device and causes  an accident,  the penalty  is quite                                                              
high. He agreed with ticketing for a simple violation.                                                                          
                                                                                                                                
SENATOR MEYER  noted a  handout that  shows the various  penalties                                                              
in the bill.                                                                                                                    
                                                                                                                                
CHAIR STOLTZE  pointed out that  a bail schedule  offense requires                                                              
action by the courts.                                                                                                           
                                                                                                                                
10:14:08 AM                                                                                                                   
SENATOR WIELECHOWSKI joined the committee via telephone.                                                                        
                                                                                                                                
SENATOR MEYER specified  that traffic tickets are  payable by mail                                                              
and  he wondered  if  that provision  should  be  included in  the                                                              
bill.                                                                                                                           
                                                                                                                                
CHAIR STOLTZE commented that SB 123 is a deterrent.                                                                             
                                                                                                                                
SENATOR MEYER concurred  with Chair Stoltze and  noted that people                                                              
of every age text and the problem is serious.                                                                                   
                                                                                                                                
10:16:53 AM                                                                                                                   
NANCY  MEADE, General  Counsel,  Alaska Court  System,  Anchorage,                                                              
Alaska, answered  questions related to SB 123.  She explained that                                                              
if  the Legislature  requests that  the Alaska  Supreme Court  put                                                              
the  offense onto  a bail  schedule, a  fine schedule,  it can  be                                                              
disposed of  by mailing in  the fine amount.  She used  a speeding                                                              
ticket as  an example. She said  the proposed change  contained in                                                              
SB 123 could be  put onto a bail schedule. She  added that traffic                                                              
offenses  can  be put  on  a  bail  schedule  because there  is  a                                                              
statute already in  place that provides for that.  She said should                                                              
SB 123  pass, the  Department of  Public Safety  (DPS) would  work                                                              
with  the Alaska  Court  System  to request  it  be  done and  the                                                              
Supreme  Court  would   add  it  to  the  existing   traffic  bail                                                              
schedule.                                                                                                                       
                                                                                                                                
10:18:45 AM                                                                                                                   
CHAIR  STOLTZE asked  if the  Legislature would  have an  advisory                                                              
role if the executive branch and the court don't agree to do it.                                                                
                                                                                                                                
MS. MEADE  specified that  the Legislature's  role is to  say what                                                              
the  fine amount  would  be. She  added  that  if the  legislative                                                              
intent  is that  it goes  on a  bail schedule,  her experience  is                                                              
that DPS would propose it and the court would do it.                                                                            
                                                                                                                                
CHAIR STOLTZE asked if the Legislature's role is advisory.                                                                      
                                                                                                                                
MS. MEADE  replied that the  Legislature could state  definitively                                                              
that something  must be on a  bail schedule and the  Supreme Court                                                              
has historically done so.                                                                                                       
                                                                                                                                
10:20:16 AM                                                                                                                   
CHAIR  STOLTZE  postponed public  testimony  and  held  SB 123  in                                                              
committee.                                                                                                                      
                                                                                                                                
10:21:14 AM                                                                                                                   
At ease.                                                                                                                        
                                                                                                                                
                                                                                                                                
        SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                     
                                                                                                                                
10:22:32 AM                                                                                                                   
CHAIR STOLTZE  announced the consideration  of SB 91. He  noted it                                                              
was the second  hearing of the bill  and changes to the  bill were                                                              
made resulting in a sponsor substitute.                                                                                         
                                                                                                                                
10:24:59 AM                                                                                                                   
SENATOR  COGHILL, sponsor,  provided  an overview  of the  sponsor                                                              
substitute  for  SB  91,  which   contains  suggestions  from  the                                                              
Criminal Justice  Commission. He  noted that  he introduced  SB 91                                                              
last session.                                                                                                                   
                                                                                                                                
10:27:17 AM                                                                                                                   
He read from the following sponsor statement:                                                                                   
                                                                                                                                
     Senate  Bill 91  implements proven  practices to  reduce                                                                   
     recidivism,   keep   Alaskans   safe,   hold   offenders                                                                   
     accountable, and control corrections spending.                                                                             
                                                                                                                                
     Increased spending  on prisons has not  brought Alaskans                                                                   
     greater  public safety:  nearly two  out of every  three                                                                   
     inmates who  leave prison return to prison  within three                                                                   
     years.  The high  rate of  recidivism has  significantly                                                                   
     increased Department  of Corrections operating  costs to                                                                   
     $324  million in  FY 2016,  and spurred  the opening  of                                                                   
     the Goose  Creek Correctional Center, costing  the state                                                                   
     $240 million in construction funds.                                                                                        
                                                                                                                                
10:30:03 AM                                                                                                                   
                                                                                                                                
     Seeking  a better public  safety return  on our  state's                                                                   
     corrections  spending, the  Legislature established  the                                                                   
     Alaska  Criminal  Justice   Commission.  The  Commission                                                                   
     included    legislators,    judges,   law    enforcement                                                                   
     officers,     prosecutors,    defenders,     corrections                                                                   
     officials,  and members representing  crime victims  and                                                                   
     Alaska  Natives.  The  Commission   spent  over  a  year                                                                   
     conducting   an  exhaustive   review   of  the   state's                                                                   
     pretrial,   sentencing,   corrections,   and   community                                                                   
     supervision data and systems.                                                                                              
                                                                                                                                
     SB  91 incorporates  the  Commission's  Recommendations.                                                                   
     The  Commission   developed   a  package  of   consensus                                                                   
     recommendations  that  will  reduce  the  state's  daily                                                                   
     prison  population  by  21  percent  over  the  next  10                                                                   
     years, saving the state $424 million.                                                                                      
                                                                                                                                
     SB  91   aims  to:  implement  evidence-based   pretrial                                                                   
     practices by  expanding the use of citations  in lieu of                                                                 
     arrest   for  lower-level   nonviolent  offenses;   make                                                                   
     changes  to bail  practices  to focus  pretrial  release                                                                   
     decisions  more on risk  than on  ability to pay;  focus                                                                   
     prison  beds   on  serious  and  violent   offenders  by                                                                 
     diverting    nonviolent   misdemeanor    offenders    to                                                                   
     alternatives;   revise  drug  crime  penalties;   adjust                                                                   
     dollar  amounts for  felony property  crimes to  account                                                                   
     for  inflation;  realign  sentence  ranges  in  statute,                                                                   
     expanding and  streamlining parole; and  incentivize sex                                                                   
     offenders to complete treatment programming.                                                                               
                                                                                                                                
10:32:47 AM                                                                                                                   
                                                                                                                                
     Strengthen   probation   and   parole   supervision   by                                                                 
     standardizing  sanctions  for  violations  of  probation                                                                   
     and  parole   conditions  to  ensure  they   are  swift,                                                                   
     certain,  and  proportional;   establish  incentives  to                                                                   
     comply  with  supervision  conditions;  focus  treatment                                                                   
     resources     on    high-needs    offenders;     improve                                                                   
     opportunities   for  successful   reentry  by   offering                                                                 
     limited licenses  to eligible revoked  offenders; create                                                                   
     a   reentry    program   within   the    Department   of                                                                   
     Corrections;  and opt  out of  the federal  ban on  food                                                                   
     stamps for people convicted of drug crimes.                                                                                
                                                                                                                                
10:35:18 AM                                                                                                                   
                                                                                                                                
     Reinvest  a portion  of the savings  from these  reforms                                                                 
     into  evidence-based   practices  designed   to  improve                                                                   
     public  safety,  control  corrections  populations,  and                                                                   
     reduce  recidivism,   including  supervision   services,                                                                   
     victims'   services,  violence   prevention,   treatment                                                                   
     services, and reentry services.                                                                                            
                                                                                                                                
10:38:01 AM                                                                                                                   
                                                                                                                                
     Cost  of Doing  Nothing: $169  Million. Alaska's  prison                                                                   
     population  grew 27 percent  in the last decade,  nearly                                                                   
     three  times faster  than  the resident  population;  at                                                                   
     this rate,  the Department  of Corrections projects  the                                                                   
     need  to house  an  additional  1,416 inmates  by  2024,                                                                   
     which will cost  the state at least $169  million in new                                                                   
     spending.  With the disappointing  recidivism rates  and                                                                   
     public  safety outcomes  the state  has been  achieving,                                                                   
     the cost of doing nothing is too high.                                                                                     
                                                                                                                                
10:40:31 AM                                                                                                                   
SENATOR  COGHILL addressed  key  findings of  the Alaska  Criminal                                                              
Justice  Commission  and  their recommendations  in  three  areas:                                                              
pretrial  detention, post-conviction  imprisonment, and  community                                                              
corrections.  He said  the pretrial  population  has grown,  their                                                              
detention  lasts longer,  75  percent are  non-violent  offenders,                                                              
and 20 percent have technical violations.                                                                                       
                                                                                                                                
He noted  that 21 reforms  the commission suggested  are projected                                                              
to reduce  the prison population  by 21  percent over the  next 10                                                              
years.                                                                                                                          
                                                                                                                                
10:43:46 AM                                                                                                                   
He  addressed  a  guide  that  highlighted  "Category,"  "Policy,"                                                              
"Rec" and "Bill Sections."                                                                                                      
                                                                                                                                
CHAIR   STOLTZE  asked   if   the  recommendations   reflect   the                                                              
commission's suggested reforms.                                                                                                 
                                                                                                                                
SENATOR  COGHILL answered  yes.  He noted  that the  bill has  142                                                              
Sections. He  reviewed how to cross  reference the bill  using the                                                              
guide.                                                                                                                          
                                                                                                                                
10:46:34 AM                                                                                                                   
He  mentioned the  pretrial category  and  the policy  recommended                                                              
called  "citation   versus  arrest."  Also  included   under  that                                                              
category is risk-based release decision-making.                                                                                 
                                                                                                                                
He  pointed out  that version  N is  before the  committee and  is                                                              
posted on BASIS.                                                                                                                
                                                                                                                                
SENATOR   COGHILL  noted   that   sentencing   issues  deal   with                                                              
misdemeanors,  controlled  substances,   felony  theft  threshold,                                                              
presumptive  ranges, discretionary  parole/administrative  parole,                                                              
geriatric   parole,  and  sex-offender   treatment  credit.   With                                                              
misdemeanors,  the  question was  how  to  handle them  more  cost                                                              
effectively.                                                                                                                    
                                                                                                                                
10:48:42 AM                                                                                                                   
He  related  that the  community  supervision  category  includes,                                                              
graduated   sanctions/incentives,  cap   in  technical   violation                                                              
stays,  probation earned  credit, maximum  probation terms,  good-                                                              
time on E.M., and CRC's halfway housing.                                                                                        
                                                                                                                                
CHAIR  STOLTZE noted  that there  was  a great  deal of  criticism                                                              
regarding  inmate  treatment  in   halfway  houses.  He  asked  if                                                              
halfway houses would be addressed.                                                                                              
                                                                                                                                
10:51:07 AM                                                                                                                   
SENATOR  COGHILL  replied that  he  thought  the bill  would  help                                                              
because it puts  requirements on DOC. He agreed  that the oversite                                                              
of halfway houses was lax.                                                                                                      
                                                                                                                                
CHAIR STOLTZE  opined that  there was  less professionalism  shown                                                              
in halfway houses than by correctional officers in prisons.                                                                     
                                                                                                                                
SENATOR COGHILL  agreed and  noted correctional  officers  have to                                                              
deal with  overcrowding and  the bill  should help that  situation                                                              
and improve prisoner accountability measures.                                                                                   
                                                                                                                                
He  mentioned  that  he  has also  been  working  on  the  limited                                                              
driver's  license  and  administrative   license  revocations.  He                                                              
stressed the importance  of allowing people to  be productive once                                                              
they have served  their jail time.  He said there should  be a way                                                              
to  obtain a  driver's license  by  "review and  renew." He  added                                                              
that  they have  found some  ways to  better administrate  license                                                              
revocations.                                                                                                                    
                                                                                                                                
10:54:23 AM                                                                                                                   
He addressed  other  items he has  been working  on, the  re-entry                                                              
program  found in  Section 130,  and equitable  pay for  community                                                              
work service.                                                                                                                   
                                                                                                                                
He stated  that in  response to  a question  by Chair  Stoltze, an                                                              
inflation  adjustment  element  is  recommended  in  the  property                                                              
crimes section of the bill.                                                                                                     
                                                                                                                                
SENATOR  COGHILL said  he is  also working  on limiting  pre-trail                                                              
credit to 120 days.                                                                                                             
                                                                                                                                
10:57:52 AM                                                                                                                   
GREGORY RAZO,  Chair, Alaska  Criminal Justice Commission  (ACJC),                                                              
presented  the  Annual  Report  of  the  Alaska  Criminal  Justice                                                              
Commission. He pointed  out that ACJC's recommendations  were made                                                              
after substantial  time, effort,  and study  by experts  on Alaska                                                              
criminal justice.  He said members  of ACJC are the  Commissioners                                                              
of  Public  Safety and  Corrections,  Attorney  General  Richards,                                                              
members  of  the   Superior  Court  and  District   Court,  Brenda                                                              
Stanfill  representing   victims  and  victims'   advocates,  Jeff                                                              
Jessee from the Alaska Mental Health Trust, himself, and others.                                                                
                                                                                                                                
He  said  after  seven  months,   and  with  support  of  the  Pew                                                              
Charitable  Trust, ACJC  came up  with the  recommendations in  SB                                                              
91. He  credited Senator Coghill  and Representative  Keller, both                                                              
non-voting  members,  with  their  support.  He  called  SB  91  a                                                              
substantial  systems analysis  of changes  to the Alaska  Criminal                                                              
Justice System.                                                                                                                 
                                                                                                                                
11:00:08 AM                                                                                                                   
He specified  the reasons changes  in the system were  needed: the                                                              
state is currently  wasting money, recidivism rates  are very high                                                              
and public  safety is not improving,  and those in prison  are not                                                              
being "corrected."                                                                                                              
                                                                                                                                
He  explained that  the commission  was split  into three  working                                                              
groups.  The pre-trial  prison population  working group  examined                                                              
who was  in that  population and  why it has  grown by  81 percent                                                              
over the last  decade. He shared statistics related  to the amount                                                              
of  money spent  on  non-violent prisoners,  noting  that a  large                                                              
part of SB 91 deals with this population.                                                                                       
                                                                                                                                
He related that  the felony prison population has  increased by 31                                                              
percent  over the  last decade.  He said  in 2014,  47 percent  of                                                              
post-revocation  supervision  violators stayed  for  more than  30                                                              
days, 28  percent longer than three  months behind bars.  He said,                                                              
in response  to the request by  the Legislature in August  of 2015                                                              
to reduce  the amount spent on  the Criminal Justice System  by 25                                                              
percent,  the  ACJC set  that  as  a goal;  their  recommendations                                                              
would reduce the  cost of imprisonment over the next  ten years by                                                              
$424 million. Currently,  DOC alone costs $360 million  a year. He                                                              
revealed that  in 2017, the Criminal  Justice System will  run out                                                              
of prison space if nothing changes.                                                                                             
                                                                                                                                
11:04:55 AM                                                                                                                   
MR. RAZO  addressed  where the prisoners  are  taking up beds.  He                                                              
said there is  currently no systematic risk assessment  for judges                                                              
to  use to  determine  whether  a person  is  a danger  to  public                                                              
safety; having  the tools  to assess  that will  help to  reduce a                                                              
substantial  number of pre-trial  detainees.  He pointed  out that                                                              
pre-trial detention  for longer  than 24 hours  can lead  to worse                                                              
outcomes  for low-risk  offenders.  He shared  a  story about  how                                                              
those  who  are  repeatedly  jailed  are  more  likely  to  commit                                                              
criminal offenses  upon release. He  pointed out that there  is no                                                              
bail system  that allows  for anything but  the posting  of money,                                                              
currently.  He   maintained  that  unsecured  bail   could  be  as                                                              
effective as posting money.                                                                                                     
                                                                                                                                
11:07:24 AM                                                                                                                   
He  turned to  post-conviction  recommendations  in  the bill.  He                                                              
said  there are  a number  of recommendations  and  they focus  on                                                              
reducing the length  of prison stays based upon  the evidence that                                                              
came before  the commission.  He stressed  the need for  community                                                              
corrections  because  an  increase  in the  supervision  of  those                                                              
coming out of prison can result in more public safety.                                                                          
                                                                                                                                
He   concluded    that   the   commission   came    up   with   21                                                              
recommendations,  but the  number one recommendation  is that  the                                                              
state  needs to  be  spending money  on  high  risk offenders.  He                                                              
asserted that money  must be spent where it will  produce the best                                                              
outcomes.  He  emphasized  that  the  report  is  "a  justice  re-                                                              
investment   recommendation."  He   emphasized  focusing   limited                                                              
resources on treatment and prevention.                                                                                          
                                                                                                                                
11:11:37 AM                                                                                                                   
CHAIR STOLTZE  thanked Mr.  Razo. He  voiced concern about  having                                                              
law enforcement on the commission.                                                                                              
                                                                                                                                
SENATOR  COGHILL countered  that having  Officer Ray  Beck on  the                                                              
commission was  invaluable. He  noted that the  bill is a  work in                                                              
progress and all stakeholders have input.                                                                                       
                                                                                                                                
CHAIR  STOLTZE read  from Article  12  - Criminal  Administration,                                                              
which  was  amended in  1994  to  add victims'  rights.  "Criminal                                                              
administration  shall be based  upon the  following: the  need for                                                              
protecting  the public,  community condemnation  of the  offender,                                                              
the rights  of victims of  crimes, restitution from  the offender,                                                              
and the principle of reformation."                                                                                              
                                                                                                                                
11:15:54 AM                                                                                                                   
He  commented  that  he  has tried  to  take  his  direction  from                                                              
Article 12  for the  very reason  that the state  has failed  in a                                                              
couple of  areas. He  said one  of the  biggest problems  has been                                                              
failure  to make restitution  to  victims and  SB 91 provides  for                                                              
ways  to correct  that. He  added  that another  issue is  helping                                                              
people become productive so they can "pay back."                                                                                
                                                                                                                                
CHAIR STOLTZE  pointed out  that the  constitution also  addresses                                                              
punitive and retributive measures.                                                                                              
                                                                                                                                
SENATOR COGHILL used societal condemnation as an example.                                                                       
                                                                                                                                
CHAIR STOLTZE noted victims' rights is an evolving change.                                                                      
                                                                                                                                
SENATOR COGHILL said  victims' rights is a primary  driver and the                                                              
state needs to do better toward seeking a just system.                                                                          
                                                                                                                                
CHAIR STOLTZE added for both the offender and the victim.                                                                       
                                                                                                                                
11:19:08 AM                                                                                                                   
At ease.                                                                                                                        
                                                                                                                                
11:20:44 AM                                                                                                                   
BRENDA STANFILL,  Victim Advocacy Representative,  Alaska Criminal                                                              
Justice  Commission  (ACJC),  Fairbanks,   Alaska,  described  her                                                              
experience  on ACJC.  She  complimented the  members  of ACJC  for                                                              
their  hard work  and their  open  minds. She  explained that  she                                                              
became involved  with ACJC  because the  current system  works for                                                              
no one and she  realized that many of the criminals  in the system                                                              
were once  young boys in  a shelter she  worked in.  She concluded                                                              
that the  system was  failing children and  shelters did  not have                                                              
the  resources to  provide  services for  children.  She stated  a                                                              
major concern is lack of prevention and treatment.                                                                              
                                                                                                                                
11:24:09 AM                                                                                                                   
She  suggested  reallocating  funds for  treatment  programs.  She                                                              
opined  that  "We cannot  criminalize  our  way  out of  a  social                                                              
issue."  She wished  to see social  issues that  lead to  criminal                                                              
behavior  addressed  in  order  to help  decrease  the  amount  of                                                              
recidivism.                                                                                                                     
                                                                                                                                
She   emphasized   the   need  for   reinvestment   in   pre-trial                                                              
assessments and  community corrections.  She said ACJC  is excited                                                              
about  getting  better  public  safety out  of  dollars  spent  by                                                              
focusing  on reinvestment.  She  thanked Senator  Coghill and  his                                                              
staff for their work.                                                                                                           
                                                                                                                                
11:27:43 AM                                                                                                                   
CHAIR  STOLTZE  requested  more  information about  the  costs  of                                                              
reinvestment.                                                                                                                   
                                                                                                                                
MS. STANFILL  believed that there  are three important  components                                                              
to focus on:  create a pre-trial services; open  opportunities for                                                              
treatment;  and fund  prevention  services. She  thought it  would                                                              
cost between $5 million and $10 million.                                                                                        
                                                                                                                                
CHAIR STOLTZE  suggested the  administration address  fiscal notes                                                              
to that effect.  He said SB  91 is more important  and complicated                                                              
than just a savings bill.                                                                                                       
                                                                                                                                
11:31:26 AM                                                                                                                   
RICK   ALLEN,  Director,   Office   of  Public   Advocacy   (OPA),                                                              
Department of  Administration, Palmer,  Alaska, provided  input on                                                              
criminal reform.  He noted that he  was not a member of  ACJC, but                                                              
attended  several  meetings.  He  addressed  the  high  number  of                                                              
people being  incarcerated in the  United States and  the movement                                                              
to reevaluate  how corrections money  is being spent.  He believed                                                              
that SB 91 was consistent with the national trend.                                                                              
                                                                                                                                
He reported  that OPA's work consists  of 40 percent  criminal law                                                              
and 60 percent civil  law, of which a large part  is Child in Need                                                              
of Aid (CINA)  cases. He said the  goal is for parents  to be able                                                              
to deal  with their own  issues and to  raise their  own children.                                                              
He  opined that  government  intervention  is very  expensive.  He                                                              
asserted that SB  91 could help in the area of  rehabilitation and                                                              
would provide major  benefits. He noted that recidivism  rates are                                                              
dropping due  to the use  of programs such  as those  suggested in                                                              
SB 91. He  predicted there would  be a corresponding drop  in CINA                                                              
situations, also.                                                                                                               
                                                                                                                                
11:35:28 AM                                                                                                                   
CHAIR   STOLTZE   asked  about   potential   costs   to  OPA   for                                                              
reinvestment programs.                                                                                                          
                                                                                                                                
MR.  ALLEN  replied that  putting  a  dollar figure  on  potential                                                              
costs  was difficult,  but noted  that  OPA has  submitted a  zero                                                              
fiscal note  and did  not expect a  significant fiscal  impact. He                                                              
said his main focus  is the human aspect and the  best interest of                                                              
children and their families.                                                                                                    
                                                                                                                                
CHAIR STOLTZE  pointed out  that Mr.  Allen is  free to  speak his                                                              
mind because he was elected to a five-year term.                                                                                
                                                                                                                                
MR.  ALLEN  corrected  Chair  Stoltze  that  his  position  is  an                                                              
appointment by the governor.                                                                                                    
                                                                                                                                
11:37:31 AM                                                                                                                   
SENATOR COGHILL  commented that  his primary  intent for  the bill                                                              
is not cost savings; but rather, public safety.                                                                                 
                                                                                                                                
CHAIR STOLTZE maintained that cost saving is a big driver.                                                                      
                                                                                                                                
SENATOR COGHILL  agreed, but  said the  focus is on  how to  do it                                                              
better.                                                                                                                         
                                                                                                                                
He  commented  on  rehabilitation  saying  that he  did  not  know                                                              
whether  the government  can  ever  rehabilitate  anyone, but  can                                                              
provide   avenues  of   accountability  that   make  people   more                                                              
productive and to "hold them" if it doesn't work.                                                                               
                                                                                                                                
CHAIR  STOLTZE pointed  out that  the state  has a  constitutional                                                              
charge to do so.                                                                                                                
                                                                                                                                
11:41:19 AM                                                                                                                   
SENATOR COGHILL  agreed. He addressed the sectional  analysis that                                                              
shows the legal makeup of the bill:                                                                                             
                                                                                                                                
Sections 1  - 17 deal  with theft issues  and are called  offenses                                                              
against property. Title 11, Chapter 46.                                                                                         
                                                                                                                                
Sections  18 -  23  are offenses  against  public  administration.                                                              
Title 11, Chapter 56.                                                                                                           
                                                                                                                                
Sections  24 - 29  are offenses  against public  order. Title  11,                                                              
Chapter 61.                                                                                                                     
                                                                                                                                
Section  30  is  an offense  against  public  health  and  decency                                                              
(gambling). Title 11, Chapter 66.                                                                                               
                                                                                                                                
Sections 31  - 36 are offenses  involving a controlled  substance.                                                              
Title 11, Chapter 71.                                                                                                           
                                                                                                                                
Sections  37 & 38  deal with  criminal code  procedure. Title  12,                                                              
Chapter 25.                                                                                                                     
                                                                                                                                
Sections 39 - 49 deal with bail schedules. Title 12, Chapter 30.                                                                
                                                                                                                                
Sections 50  - 73 deal  with sentencing  and probation.  Title 12,                                                              
Chapter 55.                                                                                                                     
                                                                                                                                
Sections 74  - 78 deal  with drivers  licenses. Title  28, Chapter                                                              
15.                                                                                                                             
                                                                                                                                
Sections  79  -  83  deal  with  offenses,  accidents  related  to                                                              
alcohol,  inhalants, and  controlled  substances implied  consent.                                                              
Title 28, Chapter 35.                                                                                                           
                                                                                                                                
Section  84 deals  with municipal  government.  Title 29,  Chapter                                                              
10.                                                                                                                             
                                                                                                                                
Section 85  & 86 deal with  municipal government  penalties. Title                                                              
29, Chapter 25.                                                                                                                 
                                                                                                                                
Section  87  -  90 deal  with  probation,  prisons,  pardons,  and                                                              
prisoners. Title 33, Chapter 05.                                                                                                
                                                                                                                                
Section  91  deals  with pre-trail  service  programs.  Title  33,                                                              
Chapter 07.                                                                                                                     
                                                                                                                                
Sections  92 -  125  deal with  parole administration.  Title  33,                                                              
Chapter 16.                                                                                                                     
                                                                                                                                
Sections 126  & 127  deal with remission  of sentences,  executive                                                              
pardon, and clemency - good time. Title 33, Chapter 20.                                                                         
                                                                                                                                
Sections  128 -  131 deal  with prison  facilities and  prisoners.                                                              
Title 33, Chapter 30.                                                                                                           
                                                                                                                                
Section 132 deals  with garnishment of the PFD.  Title 43, Chapter                                                              
23.                                                                                                                             
                                                                                                                                
Section 133 deals with food stamps. Title 47, Chapter 27.                                                                       
                                                                                                                                
Sections 134  - 143  deal with court  rule amendments,  repeals of                                                              
criminal  procedure, repeals  of statutes,  indirect court  rules,                                                              
and effective dates. Uncodified Law.                                                                                            
                                                                                                                                
11:46:31 AM                                                                                                                   
CHAIR   STOLTZE  asked   if  any   court   rule  amendments   were                                                              
controversial.                                                                                                                  
                                                                                                                                
SENATOR COGHILL  replied that  he did not  know, but  thought some                                                              
might be. He  noted the variety  of subjects in the bill  and said                                                              
SB 91 is a very comprehensive bill.                                                                                             
                                                                                                                                
CHAIR STOLTZE voiced appreciation for Senator Coghill's work.                                                                   
                                                                                                                                
11:48:11 AM                                                                                                                   
At ease                                                                                                                         
                                                                                                                                
11:59:23 AM                                                                                                                   
CHAIR STOLTZE  called the committee  back to order. He  noted that                                                              
the  committee   meeting  was  the   first  iteration   of  public                                                              
testimony on SB 91.                                                                                                             
                                                                                                                                
12:00:05 PM                                                                                                                   
MARLENE  MOTO   KARL,  representing   herself,  Deering,   Alaska,                                                              
testified in  support of  SB 91. She  spoke of the  responsibility                                                              
of parents  regarding curfew  violations  and problems related  to                                                              
Child Support.  She shared  a story about  her son.  She discussed                                                              
the  importance  of  city  ordinances.  She  said  she  wished  to                                                              
prevent  those  going  to  jail   by  mistake  and  suggested  job                                                              
programs for those on probation.                                                                                                
                                                                                                                                
12:08:21 PM                                                                                                                   
TARRI  HARROLD-JONES,   representing  herself,   Wasilla,  Alaska,                                                              
testified  in support of  SB 91.  She shared  the benefits  of her                                                              
private  business  of  electronic  monitoring.  She  told  several                                                              
stories  about   how  her  clients   were  helped   by  electronic                                                              
monitoring. She related the expense of transporting prisoners.                                                                  
                                                                                                                                
CHAIR STOLTZE stated  that he looked forward to  the Department of                                                              
Corrections' fiscal note.                                                                                                       
                                                                                                                                
12:11:48 PM                                                                                                                   
BUTCH  MOORE, on  behalf of  himself  and his  wife, Cindy  Moore,                                                              
Anchorage, Alaska,  testified in support of SB 91.  He thanked the                                                              
sponsor  for his  efforts  on  the bill.  He  noted  there is  now                                                              
federal support  for the  Alaska Safe  Children's Act  and related                                                              
education. He said there is other available money, too.                                                                         
                                                                                                                                
He suggested adding  a definition of felony theft to  Section 7 of                                                              
the  bill.  He  said  he  met  with  the  person  who  killed  his                                                              
daughter. He  referred to  the "good  time" provisions  in Section                                                              
126  of the  bill and  suggested that  different consequences  for                                                              
violent crime  and sexual assault  and murder should  be provided.                                                              
He  spoke  of  the  prohibitions   in  place  for  his  daughter's                                                              
murderer that  were not upheld.  He said court ordered  conditions                                                              
of  parole regarding  alcohol  restrictions  must  be required  in                                                              
order to  get a new driver's  license showing the  restriction. He                                                              
also suggested mandating  more timely hearings and  sentencing and                                                              
disallowing continuations.                                                                                                      
                                                                                                                                
12:22:19 PM                                                                                                                   
CHAIR STOLTZ  recalled that the  Victims Advocacy  organization is                                                              
advocating for  the 120-day provision.  He expressed  sympathy for                                                              
the Moore's loss.                                                                                                               
                                                                                                                                
MR. MOORE  said his suggestions  are an attempt to  prevent future                                                              
loss. He reiterated his opinion about Section 126.                                                                              
                                                                                                                                
12:24:50 PM                                                                                                                   
VICKI  WALLNER, President,  Stop  Valley Thieves,  Mat-Su  Valley,                                                              
Alaska, testified  in opposition  to SB 91.  She pointed  out that                                                              
the   driving   force   behind   the   Alaska   Criminal   Justice                                                              
Commission's Report  was to reduce the cost of  incarceration. She                                                              
said  her group  works from  the  ground up.  She maintained  that                                                              
criminals are given  many chances and their sentences  are reduced                                                              
many  times before  they are  convicted  of a  crime. Victims  are                                                              
very  upset  about  this  and  feel that  there  is  no  sense  of                                                              
justice. She  said there  should be  certainty in punishment.  She                                                              
said the bill lowers  crimes down to a citation  and drug offenses                                                              
are being  reclassified. She provided  statistics on  the increase                                                              
in crimes. She requested that the state get tough on crime.                                                                     
                                                                                                                                
12:37:31 PM                                                                                                                   
ANDREA ROBINSON,  representing herself, Juneau,  Alaska, testified                                                              
in  support of  SB  91, especially  re-investing  the money  saved                                                              
into   programs.   She   shared   her   history   of   drug   use,                                                              
incarcerations,  suicide  attempts,  and  recovery. She  said  she                                                              
graduated   from   Juneau   Therapeutic   Courts   and   expressed                                                              
appreciation for  the Haven House  in Juneau, which is  giving her                                                              
a path toward getting her kids back.                                                                                            
                                                                                                                                
12:40:54 PM                                                                                                                   
SHAWN JESSIP II,  representing himself, Juneau,  Alaska, testified                                                              
in  support  of  SB  91.  He  shared  his  history  of  crime  and                                                              
incarceration.  He said  that he  is currently  attending UAS.  He                                                              
said he is support of the reforms in SB 91.                                                                                     
                                                                                                                                
SENATOR COGHILL thanked  him. He asked if there is  anything in SB                                                              
91 that will help Mr. Jessip in his journey.                                                                                    
                                                                                                                                
MR. JESSIP said entering college saved his life.                                                                                
                                                                                                                                
12:43:42 PM                                                                                                                   
KARA NELSON, Director,  Haven House, Juneau, Alaska,  testified in                                                              
support of  SB 91.  She shared her  experience with  incarceration                                                              
and drug felonies  and how that affected her income  and life. She                                                              
said she is now  in recovery and everything discussed  in the bill                                                              
relates to  her. She concluded that  it is a  community-wide issue                                                              
and there are  many supportive services, but it  is necessary that                                                              
they collaborate. She stressed that there needs to be recovery-                                                                 
ready communities.                                                                                                              
                                                                                                                                
12:49:42 PM                                                                                                                   
CHRIS  NETTLES,  President,  National  Federation  of  Independent                                                              
Businesses, Anchorage,  Alaska, testified in opposition  to SB 91.                                                              
He  spoke against  the inflation-proofing  of  property stolen  at                                                              
the  felony theft/misdemeanor  level.  He  spoke  of the  problems                                                              
with the  rise in crimes  that impact  businesses. He  thought the                                                              
bill encouraged more  theft because of raising  the property value                                                              
threshold to  $2,000. He  said police  don't typically  respond to                                                              
misdemeanor-level theft.                                                                                                        
                                                                                                                                
CHAIR  STOLTZ said  the threshold  was changed  in 2014. He  asked                                                              
what the discussion was then.                                                                                                   
                                                                                                                                
MR. NETTLES  thought they agreed on  $750 at that time.  He shared                                                              
examples of recent sophisticated thefts.                                                                                        
                                                                                                                                
12:54:39 PM                                                                                                                   
DARRYL  JONES,   Corporate  Counsel,   Pioneer  Peak   Monitoring,                                                              
Wasilla, Alaska,  testified on SB 91.  He spoke of his  history as                                                              
a  defense  attorney.  He  explained   the  process  of  pre-trial                                                              
defense  hearings and  the process  of  setting bail.  He said  to                                                              
spend  $3.9 million  to do  an analysis  on a bail  proposal  is a                                                              
waste  of  time and  money.  He  listed  the problems  related  to                                                              
electronic  monitoring.  He said  he  is  opposed to  the  120-day                                                              
limit.                                                                                                                          
                                                                                                                                
1:02:06 PM                                                                                                                    
TERRIA WALTERS,  representing herself,  Palmer, Alaska,  testified                                                              
on SB  91. She  spoke of  her personal  story, her  history  as an                                                              
offender,  and her  work  with prisoners.  She  said she  supports                                                              
several  things  in the  bill.  She  addressed the  inequities  of                                                              
sentencing  and  she  requested  changes in  sentencing  for  non-                                                              
violent crimes  and an  increase in  treatment programs.  She also                                                              
requested  that re-entry  be coupled with  re-education.  She said                                                              
those  who  have  transitioned  back  to  the  community  must  be                                                              
included  in  decision-making.  She  suggested  looking  at  other                                                              
countries for  solutions and  reviewing the third-party  custodian                                                              
regulations.                                                                                                                    
                                                                                                                                
1:07:17 PM                                                                                                                    
KIM  WHITAKER,   Member,  R.E.A.L.  About   Addiction,  Anchorage,                                                              
Alaska, testified  in support of SB  91. She related the  story of                                                              
her  daughter's addiction  issues.  She suggested  that  treatment                                                              
for  addicts be  included  in  the bill.  She  shared  how she  is                                                              
trying to  help addicts  and said there  should be better  options                                                              
for  detox.  She said  the  current  system  is not  working.  She                                                              
concluded that SB 91 will provide rehabilitation options.                                                                       
                                                                                                                                
1:11:20 PM                                                                                                                    
MAUDE BLAIR, President,  Alaska Federation of  Natives, Anchorage,                                                              
Alaska,  testified  in  support  of  SB  91.  She  shared  several                                                              
problems that  Alaska Natives  experience with incarceration.  She                                                              
requested treating  the root causes  that are getting  people into                                                              
trouble, rather than just punishing them.                                                                                       
                                                                                                                                
1:12:22 PM                                                                                                                    
ATHENA   SINGSAAS,   representing  herself,   Anchorage,   Alaska,                                                              
testified  on SB 91.  She said  the bill  is a  step in the  right                                                              
direction. She  shared her experience  of receiving a  felony DWI.                                                              
She said  the law  was changed  and resulted  in reactivating  DWI                                                              
charges that  had already been served.  She spoke of the  need for                                                              
treatment programs and revising expungement and clemency laws.                                                                  
                                                                                                                                
1:16:43 PM                                                                                                                    
MIKE  COONS, representing  himself, Palmer,  Alaska, testified  on                                                              
SB 91.  He maintained that the  criminal justice system  is broken                                                              
and sentences  don't  fit the crime.  Many prisoners  are  let out                                                              
early  to  reduce  crowding  in  prisons. He  spoke  in  favor  of                                                              
treatment plans.  He said those with firearms  sentences should be                                                              
turned over to  the federal government. He said  citizen safety is                                                              
the most important.                                                                                                             
                                                                                                                                
1:20:55 PM                                                                                                                    
TIMOTHY HALE, representing  himself, Palmer, Alaska,  testified in                                                              
support of SB 91.  He focused on problems with Sections  75 and 76                                                              
-  driving  privileges  of  felony DUI's.  He  suggested  they  be                                                              
changed so those  who have served their time are  allowed to drive                                                              
again.                                                                                                                          
                                                                                                                                
CHAIR  STOLTZE  said  there  are many  case  laws  regarding  this                                                              
section and the committee would continue to look at it.                                                                         
                                                                                                                                
1:23:38 PM                                                                                                                    
DELICE CALCOTE,  representing herself,  Sutton, Alaska,  testified                                                              
in support  of SB 91. She  shared her extensive work  history. She                                                              
spoke  of  individual  and  collective  rights  and  PL  280.  She                                                              
related  her personal  experience  with tribal  family members  on                                                              
probation and the problems they encountered.                                                                                    
                                                                                                                                
1:28:25 PM                                                                                                                    
HELEN SIMMONDS,  representing herself,  Barrow, Alaska,  testified                                                              
in  support  of SB  91.  She  shared  her son's  story  of  mental                                                              
illness and Medicaid placements.                                                                                                
                                                                                                                                
1:32:41 PM                                                                                                                    
BARBARA  CHALENDER,   representing  herself,   Anchorage,  Alaska,                                                              
testified in  support of SB 91.  She spoke of her  son's addiction                                                              
and death  from heroin  and the need  for treatment  programs. She                                                              
said there  are no  reentry programs available  and prison  is not                                                              
the answer.                                                                                                                     
                                                                                                                                
1:36:01 PM                                                                                                                    
MICHAEL JEFFERY,  representing himself, Barrow,  Alaska, testified                                                              
in support of SB  91. He shared his history as  a judge in Barrow.                                                              
He highlighted  prisoner in-reach programs  in the bill  and spoke                                                              
in favor  of them.  He spoke of  those with cognitive  impairments                                                              
needing special treatment.                                                                                                      
                                                                                                                                
1:39:51 PM                                                                                                                    
MIKE LUNDE,  Member, Fairbanks  Wellness Court System,  Fairbanks,                                                              
Alaska, testified  in support of SB 91. He  expressed appreciation                                                              
for the  Wellness Courts  and said  that 82  percent of  graduates                                                              
from Wellness  Courts do  not reoffend. He  requested a  change to                                                              
the driver's license  penalties. He ended with a  quote by Michael                                                              
Jordan.                                                                                                                         
                                                                                                                                
1:44:30 PM                                                                                                                    
DONNA  BALDWIN, representing  herself,  Juneau, Alaska,  testified                                                              
in support of  SB 91. She spoke  as a recovery coach  and said the                                                              
bill will  make a difference  in people's  lives. She said  she is                                                              
glad the  stigma of  addiction is  going away  because people  are                                                              
talking  about  it. She  thanked  the  committee for  hearing  the                                                              
bill.                                                                                                                           
                                                                                                                                
1:46:44 PM                                                                                                                    
NATHAN LOCKWOOD,  representing himself, Juneau,  Alaska, testified                                                              
in support  of SB 91.  He spoke of  the problems people  have with                                                              
access to  resources for substance abuse.  He said he is  in favor                                                              
of reinvesting  in those  resources. He  maintained that  the bill                                                              
will reduce  recidivism by  providing tools  to address  substance                                                              
abuse.  He suggested  that money  will  be saved  by reducing  low                                                              
level  offenses  down from  misdemeanors  to violations.  He  also                                                              
suggested  that the  cap  of 120  days for  electronic  monitoring                                                              
should  be  changed,  as  should   the  rules  regarding  loss  of                                                              
licenses.                                                                                                                       
                                                                                                                                
1:50:53 PM                                                                                                                    
ETHAN KNUTHSON,  representing himself,  Juneau, Alaska,  testified                                                              
in support  of SB 91.  He shared his  personal story  of addiction                                                              
and imprisonment. He  said he ended up in a  therapeutic community                                                              
after having  the opportunity to  enroll in a methadone  treatment                                                              
program  in  Washington. He  said  that  in Southeast  Alaska  few                                                              
physicians  are available  to prescribe the  medication needed  by                                                              
addicts  in  order  to  live.  He   stressed  the  importance  for                                                              
treatment programs, re-entry programs, and education.                                                                           
                                                                                                                                
1:56:49 PM                                                                                                                    
CARA DURR,  Director of  Public Engagement,  Food Bank  of Alaska,                                                              
Anchorage, Alaska,  testified in support  of SB 91.  She addressed                                                              
the   bill's   repealing   drug   felons'   ability   to   receive                                                              
Supplemental   Nutrition  Assistance   Program  (SNAP)   benefits.                                                              
States have  the authority to opt  out of this  federal provision.                                                              
Alaska is  one of seven  states that  still upholds  this lifetime                                                              
ban.  She encouraged  reduction  of recidivism  by increasing  and                                                              
improving re-entry programs, including food stamp benefits.                                                                     
                                                                                                                                
1:58:28 PM                                                                                                                    
KATHLEEN VAN  VOORHIS, Director,  Food Bank of Alaska,  Anchorage,                                                              
Alaska, testified  in support  of SB  91. She said  there is  a 33                                                              
percent increase  in the need  for food resources,  especially for                                                              
those  who come  out of  prison.  She suggested  that lifting  the                                                              
SNAP  food ban  would  benefit the  community  as  a whole,  would                                                              
lower recidivism costs, and would bring in more federal dollars.                                                                
                                                                                                                                
2:00:14 PM                                                                                                                    
PATRICIA   LANE,   representing    herself,   Anchorage,   Alaska,                                                              
testified in  support of SB 91.  She shared her personal  story of                                                              
sobriety and the  difficulty of not being able to  have a license.                                                              
She described situations  where she needed to drive.  She said she                                                              
has completed the Therapeutic Court Program.                                                                                    
                                                                                                                                
2:03:54 PM                                                                                                                    
HELEN   TRAINOR,   representing    herself,   Anchorage,   Alaska,                                                              
testified  in  support  of  SB  91. She  spoke  of  favor  of  the                                                              
Wellness Court  program and described  how the program  helped her                                                              
son. She  said it is so important  to change the  driver's license                                                              
provision. She  referred to Oregon's  HB 3025, which  gives people                                                              
a fairer chance to get a job.                                                                                                   
                                                                                                                                
2:07:05 PM                                                                                                                    
WILLIAM DICKERSON,  Alumni, Alaska  Therapeutic Court,  Anchorage,                                                              
Alaska, testified  in support  of SB  91. He  spoke highly  of the                                                              
Wellness Court program and all it does.                                                                                         
                                                                                                                                
2:09:13 PM                                                                                                                    
LANCE  HANES,   Alumni,  Alaska   Therapeutic  Court,   Anchorage,                                                              
Alaska,  testified in  support of  SB 91.  He shared  that he  was                                                              
unable  to get  on  electronic monitoring  in  2013.  He spoke  in                                                              
favor  of  reinstating  drivers'  licenses and  he  addressed  the                                                              
benefits  of   the  interlock  device.   He  spoke  in   favor  of                                                              
Therapeutic Courts and the support they provide.                                                                                
                                                                                                                                
2:12:39 PM                                                                                                                    
ERNIE  GOMEZ,   Alumni,  Alaska   Therapeutic  Court,   Anchorage,                                                              
Alaska,  testified   in  support  of  SB  91.  He   spoke  of  how                                                              
Therapeutic  Court changed  his life  and how  it saves money.  He                                                              
requested to have more detox and treatment programs.                                                                            
                                                                                                                                
2:15:18 PM                                                                                                                    
JAMES   KRUGMAN,   representing    himself,   Anchorage,   Alaska,                                                              
testified  in opposition  to SB  91. He maintained  that the  bill                                                              
does not protect  the public from dangerous criminals.  He said he                                                              
is  opposed to  lack  of punishment  for  criminals. He  predicted                                                              
that the frequency of crime will rise due to SB 91.                                                                             
                                                                                                                                
2:18:52 PM                                                                                                                    
CATHLEEN   MCLAUGHLIN,   Director,    Partners   Reentry   Center,                                                              
Anchorage, Alaska,  testified in support  of SB 91.  She described                                                              
the  pre-release  planning  held  in the  bill.  She  provided  an                                                              
example of its success.                                                                                                         
                                                                                                                                
2:20:26 PM                                                                                                                    
GRACE HERRINGTON,  Employee, Partners  Reentry Center,  Anchorage,                                                              
Alaska, testified  in support of SB  91. She shared how  well pre-                                                              
release support is working and said it is a big resource.                                                                       
                                                                                                                                
2:21:51 PM                                                                                                                    
VINCE  HOLTON,  Executive  Director,   Alaska  Monitoring  &  Drug                                                              
Testing LLC,  Fairbanks, Alaska,  testified in  support of  SB 91.                                                              
He explained that  the difference between a private  company and a                                                              
program  from the  Department  of Corrections  (DOC)  is that  DOC                                                              
monitors 24 hours  a day and has the best equipment.  He described                                                              
what DOC  monitoring  entails. He  referred to  HB 15 and  pointed                                                              
out that  DOC guidelines  for house arrest  programs have  not yet                                                              
been established.  He suggested  using private companies  in order                                                              
to save  the state money. He  stressed that pre-trial  services in                                                              
the   bill   are    minimal   and   the   120-day    limit   needs                                                              
reconsideration.                                                                                                                
                                                                                                                                
CHAIR  STOLTZE  agreed more  work  needs  to  be done  with  those                                                              
conducting the monitoring programs.                                                                                             
                                                                                                                                
SENATOR  COGHILL  related  that the  commission  recommended  pre-                                                              
trail  service because  accountability  is important.  He said  he                                                              
prefers  private  industry  do the  work.  He  agreed that  it  is                                                              
costly and said it is open to discussion.                                                                                       
                                                                                                                                
MR. HOLTON  could see  the need for  regulating companies  to make                                                              
it work.                                                                                                                        
                                                                                                                                
2:28:01 PM                                                                                                                    
MARY NANUWAK, representing  herself, Bethel, testified  in support                                                              
of  SB 91,  with changes.  She suggested  pro bono  work could  be                                                              
done and charges  could be pooled together in order  to save time,                                                              
energy,  and  money.  She  thought  the  pre-trail  agreement  and                                                              
education should  be mandatory in order to reduce  recidivism. She                                                              
also said there should be treatment programs.                                                                                   
                                                                                                                                
CHAIR STOLTZE held public testimony open.                                                                                       
                                                                                                                                
He  said  cost   savings  are  important,  but   there  are  other                                                              
considerations  to think  about,  such as  re-investment of  those                                                              
savings in  other areas.  He noted the  growing problem  of heroin                                                              
addiction  and the  high failure  rate for treatment.  He  did not                                                              
agree that  many drug  offenders are  being incarcerated,  rather,                                                              
that they are criminals with a drug problem.                                                                                    
                                                                                                                                
2:34:55 PM                                                                                                                    
SENATOR COGHILL thanked  all the testifiers. He  said that keeping                                                              
people safe and  public condemnation for crime are  all within the                                                              
realm of the bill.  He noted it is the first  hearing of the bill.                                                              
He  said he  will continue  to ask  whether the  state is  holding                                                              
criminals  accountable  and  to  carry  forward  the  commission's                                                              
recommendations.  The legislature will  work out policy  calls for                                                              
keeping  people  safe  and  keeping costs  low.  There  are  human                                                              
rights  on both  the  victim's side  and  the  criminal's side  to                                                              
consider.                                                                                                                       
                                                                                                                                
[SB 91 was held in committee.]                                                                                                  
                                                                                                                                
2:38:22 PM                                                                                                                    
There  being no  further business  to come  before the  committee,                                                              
Chair  Stoltze adjourned  the  Senate  Affairs Committee  at  2:38                                                              
p.m.                                                                                                                            

Document Name Date/Time Subjects
SSSB 91 Sponsor Statement (Version N) 2-10-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Sectional Analysis - (Version N) 2-10-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Alaska Criminal Justice Commission Report (December 2015).pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SB 123 Sponsor Statement.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 Backup Document ADN Article 11-15-15.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 Fiscal Note - DOA-OPA 02-09-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 Fiscal Note - DPS-AST 02-08-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 NCSL Texting While Driving State Laws 7-1-15.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 Texting While Driving Charges.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SB 123 Texting While Driving Penalties.pdf SSTA 2/13/2016 10:00:00 AM
SB 123
SSSB 91 Legislature Letter to Alaska Criminal Justice Commission 9-8-2015.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Public Testimony & Correspondence to SSTA (First Batch - 17 POMs) 2-12-2016.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Supporting Document - Op-Ed (Americans for Tax Reform and FreedomWorks).pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Supporting Document - Op-Ed (Family Research Council).pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DHSS-PS 02-06-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DOA-DMV 02-10-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DOA-OPA 02-10-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DOC-COMM 02-12-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSS 91 Fiscal Note - DOA-PDA 02-10-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DPS-AST 02-08-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - Judiciary - Judicial Council 2-12-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DHSS-DPA 02-12-2016.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - DHSS-ASAP 02-11-2016.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Fiscal Note - LAW-CRIM 02-12-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 ACJC Annual Report to the Alaska State Legislature 2-01-2016.pdf SSTA 2/13/2016 10:00:00 AM
SB 91
SSSB 91 Sponsor Sectional Breakdown by Subject 2-13-16.pdf SSTA 2/13/2016 10:00:00 AM
SB 91