04/09/2019 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| SB10 | |
| SB32 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 32 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| *+ | SB 10 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 9, 2019
3:36 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 92
"An Act relating to contributions from permanent fund dividends
to the general fund."
- MOVED CSSB 92(STA) OUT OF COMMITTEE
SENATE BILL NO. 10
"An Act extending the termination date of the Statewide Suicide
Prevention Council; and providing for an effective date."
- MOVED SB 10 OUT OF COMMITTEE
SENATE BILL NO. 32
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 92
SHORT TITLE: PFD CONTRIBUTIONS TO GENERAL FUND
SPONSOR(s): SENATOR(s) WILSON
03/18/19 (S) READ THE FIRST TIME - REFERRALS
03/18/19 (S) STA, FIN
03/29/19 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
04/04/19 (S) Heard & Held
04/04/19 (S) MINUTE(STA)
BILL: SB 10
SHORT TITLE: EXTEND SUICIDE PREVENTION COUNCIL
SPONSOR(s): SENATOR(s) KAWASAKI
01/16/19 (S) PREFILE RELEASED 1/7/19
01/16/19 (S) READ THE FIRST TIME - REFERRALS
01/16/19 (S) STA, FIN
BILL: SB 32
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) JUD, FIN
02/06/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/06/19 (S) Heard & Held
02/06/19 (S) MINUTE(JUD)
02/08/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/08/19 (S) Heard & Held
02/08/19 (S) MINUTE(JUD)
02/09/19 (S) JUD AT 1:00 PM BELTZ 105 (TSBldg)
02/09/19 (S) Heard & Held
02/09/19 (S) MINUTE(JUD)
02/11/19 (S) MOTION TO DISCHARGE FROM JUD COMMITTEE
02/11/19 (S) DISCHARGED FROM JUD COMMITTEE U/C
02/11/19 (S) STA REFERRAL ADDED
02/11/19 (S) STA REPLACES JUD REFERRAL
02/11/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/19 (S) <Bill Hearing Canceled>
03/05/19 (S) STA AT 3:30 PM BUTROVICH 205
03/05/19 (S) Heard & Held
03/05/19 (S) MINUTE(STA)
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
04/04/19 (S) Heard & Held
04/04/19 (S) MINUTE(STA)
WITNESS REGISTER
SENATOR DAVID WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 92.
KRIS CURTIS, Legislative Auditor
Legislative Audit Division
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the audit for the extension of the
Statewide Suicide Prevention Council in SB 10.
BEVERLY SCHOONOVER, Acting Executive Director
Statewide Suicide Prevention Council
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 10.
DEBEN DAS, Board Member
National Alliance on Mental Illness (NAMI)-Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 10.
JANE ANDRENE
Alaska Public Health Association (APHA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 10.
SAM TRIVETTE
Juneau Suicide Prevention Coalition
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 10.
BARBARA FRANKS, Chair
Statewide Suicide Prevention Council
Ninilchik, Alaska
POSITION STATEMENT: Testified in support of SB 10.
MONIQUE ANDREWS, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 10.
JAMES BIELA, Lead Field Advocate
American Foundation for Suicide Prevention (AFSP) - Alaska
Chapter
Newtok, Alaska
POSITION STATEMENT: Testified in support of SB 10.
BRENDA MOORE, Chair
Alaska Mental Health Board
Alaska Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 10.
ROBERT HENDERSON, Deputy Attorney General
Criminal Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 32.
MICHEAL DUXBURY, Deputy Commissioner
Department of Public Safety
Anchorage, Alaska
POSITION STATEMENT: asked him to repeat the two questions.
ACTION NARRATIVE
3:36:28 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:36 p.m. Present at the call to
order were Senators Coghill, Reinbold, Kawasaki, Micciche, and
Chair Shower.
SB 92-PFD CONTRIBUTIONS TO GENERAL FUND
3:37:13 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 92
"An Act relating to contributions from permanent fund dividends
to the general fund."
He recapped that the bill was first heard on 4/4/19 and public
testimony was heard and closed. He noted there was a proposed
committee substitute.
3:37:28 PM
SENATOR COGHILL moved to adopt the committee substitute (CS) for
SB 92, work order 31-LS0703\M, as the working document.
CHAIR SHOWER objected for discussion purposes.
3:38:04 PM
SENATOR DAVID WILSON, Alaska State Legislature, Juneau, sponsor
of SB 92 explained that the CS intends to clarify the intent of
the bill. It removes language from AS 43.23.130 dealing with
Pick.Click.Give. and adds Sec. 43.23.135 relating to
contributions to the general fund and creates a mechanism for
donations to the general fund. He explained that Title 43 is the
revenue and taxation statute and chapter 23 deals with the
permanent fund dividend (PFD). He said the CS creates a separate
button on the electronic application to clarify that this option
is not intended to compete with any charitable donations of the
Pick.Click.Give program.
SENATOR WILSON reviewed the following "Explanation of Proposed
Changes Version A to Version M.":
Section 1: All material from Page 1, line 3, through
page 3, line 6, is deleted. It is replaced with a new
section of law "Sec. AS 43.23.135. Contributions to
the General Fund"
• Part (a)
o Defines the parameters and increments for
contributing to the general fund,
o Establishes that donations through
Pick.Click.Give. take priority over
donations to the general fund if there is a
shortfall, and;
o Requires a seven percent administration fee
is deducted from donations to the general
fund.
• Part (b)
o Notes that a public agency that claims a
dividend on an individual's behalf is not
permitted to make contributions from that
dividend.
• Part (c)
o Explicitly states that this is separate from
the Pick.Click.Give. "button" or mechanism
in the dividend application.
3:40:51 PM
CHAIR SHOWER removed his objection. Finding no further
objection, version M was adopted.
3:41:19 PM
SENATOR COGHILL asked for confirmation that returning all or
part of one's dividend to the state general fund would not be
tax free.
SENATOR WILSON agreed that at this time there is no escaping the
tax. He noted the Legislative Legal opinion last year.
3:41:49 PM
At ease
3:42:40 PM
CHAIR SHOWER reconvened the meeting.
SENATOR WILSON said the Legislative Legal Services memo last
year advised that there is no simple solution to make dividend
contributions to the general fund nontaxable. He suggested
contacting a tax professional on the best way to proceed.
SENATOR COGHILL said he wanted the record to be clear that this
donation would not be tax free. He also expressed appreciation
that the sponsor addressed the confusion associated with the
Pick.Click.Give program.
3:44:00 PM
SENATOR REINBOLD stated support for the statutory PFD and
emphasized the importance of understanding that Alaskans receive
the dividend because the state holds the subsurface rights in
Alaska. She said most of the people in her district want their
dividend if they don't have subsurface rights. She offered her
perspective that teachers and public employees typically say,
"take my permanent fund dividend and tax me." SB 92 provides
that opportunity. She described the bill as a good compromise
and said she would probably be a [cosponsor].
3:45:48 PM
SENATOR MICCICHE referenced the Legislative Legal Services memo
and observed that it appears that this donation could be tax
free. He said he'll look at that further as the bill moves on to
the finance committee. His interest is keeping all the money in
the state instead of sending 30 percent of the donation to the
federal government in tax. [That assumes the 30 percent tax
bracket.]
CHAIR SHOWER stated support for the bill. Based on public
testimony he expects people to donate between $400 million and
$500 million of their dividends to the general fund.
SENATOR WILSON commented on a conversation he had with a
committee member about having the same idea at the same time.
3:48:44 PM
SENATOR COGHILL moved to report [CSSB 92(STA)], version M, from
committee with individual recommendations and [forthcoming]
fiscal note(s).
CHAIR SHOWER stated that without objection, CSSB 92(STA) moved
from the Senate State Affairs Standing Committee.
3:49:10 PM
At ease
SB 10-EXTEND SUICIDE PREVENTION COUNCIL
3:52:44 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 10 "An Act extending the
termination date of the Statewide Suicide Prevention Council;
and providing for an effective date."
3:53:19 PM
SENATOR SCOTT KAWASAKI, bill sponsor, Alaska State Legislature,
Juneau, said SB 10 extends the termination date of the Statewide
Suicide Prevention Council. Members of the National Alliance for
the Mentally Ill (NAMI) have been in the capitol the last
several weeks to talk about suicide and highlighting that talk
is an important aspect of prevention. In the U.S. there are
about 12 suicides per 100,000 people whereas the Alaska rate is
roughly double that number. For Alaska Native males there are 52
suicides per 100,000 and someone who serves in the armed
services is twice as likely to die by suicide as a civilian. He
continued the introduction of SB 10 speaking to the following
sponsor statement:
Senate Bill 10 would extend the termination date of
the Statewide Suicide Prevention Council to 2027,
ensuring another eight years of support for suicide
prevention efforts in Alaska. The Council would
otherwise be terminated on June 30, 2019.
According to the Alaska Department of Health and
Social Services Section of Epidemiology, the suicide
rate in Alaska increased by 13 percent between 2012
and 2017, making suicide the leading cause of death
for Alaskans between the ages of 10 and 64. As a
matter of public health, the state has a
responsibility to address this disturbing trend and
must actively continue to pursue strategies to prevent
suicide in Alaska.
The Statewide Suicide Prevention Council was created
in 2001 and consists of 14 public and private members,
including four state legislators. Under AS 44.39.350,
the Council is statutorily responsible for:
? Advising legislators and the Governor on ways
to improve Alaskans' health and wellness by
reducing suicide;
? Improving public awareness of suicide and risk
factors;
? Enhancing suicide prevention efforts;
Working with partners and faith-based
organizations to develop healthier communities;
? Creating a statewide suicide prevention plan
and putting it in action; and
? Building and strengthening partnerships to
prevent suicide.
The Council holds public meetings, publishes a 5-Year
State Suicide Prevention Plan, and works with schools
and community groups to provide resources that educate
Alaskans on how to prevent suicide.
Last year, the Council partnered with the Alaska
Community Foundation and Alaska Children's Trust to
continue the GCI Suicide Prevention Grant Program.
Nine grants were funded in 2017 across the state,
totaling $100,000. The Council also helped secure
funding for a 5-year grant from the National Institute
of Mental Health to create the Alaska Native
Collaborative Hub for Resilience Research, which will
help Alaska Native communities share knowledge, guide
research, and identify culturally-relevant suicide
prevention strategies in rural Alaska. [He noted this
is one reason for the large fiscal note.]
Terminating the Statewide Suicide Prevention Council
would jeopardize the state's efforts at addressing
this heartbreaking, but preventable, issue.
I respectfully ask for your support of SB 10 this
year.
3:56:20 PM
SENATOR MICCICHE disclosed that he serves as one of the
legislative representatives on the Statewide Suicide Prevention
Council. He said there is no question that the council supports
this extension because suicide is a very serious issue in the
state. He said there is a lot of work to do to reduce the rate.
CHAIR SHOWER commented on the heartbreaking statistics of
suicide among active duty and veteran members of the armed
services. He stated wholehearted support for SB 10.
He asked Ms. Curtis to go through the audit.
3:59:09 PM
KRIS CURTIS, Legislative Auditor, Legislative Audit Division,
Alaska State Legislature, Juneau, explained the purpose of the
sunset audit was to determine whether this council is serving
the public interest and should be extended. Overall the audit
found the council operated in the public interest by actively
broadening awareness of suicide prevention and coordinating the
efforts of other suicide prevention entities. Additionally, the
council fulfilled its statutory duty by issuing the 2018-2022
Suicide Prevention Plan and is working closely with stakeholders
to refine the plan's strategies, resources, and indicators. The
division recommends an 8-year extension for the council, which
is the maximum allowed in statute.
She directed attention to Exhibit 2 on page 4 that shows the
council is completely funded by general fund appropriations. In
FY 18, the council expended just under $600,000. Exhibit 5 on
pages 9-10 has a detailed list of the council's activities
during the audit period. It shows that the council is very
active.
MS. CURTIS said the audit made two administrative
recommendations for improvement, beginning on page 12 of the
audit.
Recommendation No. 1: The council's executive director
should develop and implement procedures to ensure
public notices for meetings are published timely and
accurately.
The audit found five of 18 meetings between July 2014 through
March 2018 were not public noticed or not public noticed
properly. This was caused by a lack of written procedures.
Recommendation No. 2: The council chair should develop
and implement written procedures to ensure performance
evaluations are completed annually for the council's
executive director.
Statutes require annual evaluations. The audit found that just
two of four audits were completed. It was unclear why the
evaluations did not take place.
MS. CURTIS said the responses to the audit start on page 23.
Both the Department of Health and Social Services (DHSS)
commissioner and the council chair agree with the
recommendations.
4:01:51 PM
SENATOR COGHILL asked if the evaluations were done properly but
not timely.
MS. CURTIS said that's correct.
SENATOR COGHILL asked if there were extenuating circumstances to
the lapse in public notice.
MS. CURTIS replied it was just an oversight by staff.
CHAIR SHOWER noted the positive responses to the
recommendations.
4:02:32 PM
BEVERLY SCHOONOVER, Acting Executive Director, Statewide Suicide
Prevention Council, Juneau, reported that the Statewide Suicide
Prevention Council was established by the legislature in 2001
and serves as an advisory council to the legislature and
governor regarding awareness and prevention. There are 13
volunteer members of the council appointed by the governor and
four ex officio members appointed by the legislature. There is
one staff member.
She said most of the council's activities involve collaboration
among stakeholders, supporting outreach and educational plans
through the Suicide Awareness Prevention and Postvention grant
program, advocating for federal and local funding, and providing
technical assistance. One example of statewide coordination
efforts was the completion of the five year suicide prevention
plan titled "Recasting the Net. Promoting Wellness to Prevent
Suicides in Alaska." Hundreds of Alaskans participated in
creating the plan. The number one goal is that Alaskans accept
the responsibility for preventing suicide. All Alaskans are
responsible for working together to prevent suicide and reduce
the risk of suicide statewide. She summarized that the council
brings people together to talk about suicide, evaluate
prevention efforts, and to advise agencies, the governor, and
the legislature on ways to promote wellness and reduce suicide
in Alaska. She highlighted that no other organization performs
the statewide coordinator function. She asked the committee to
support SB 10 to extend the council.
CHAIR SHOWER said he would add his name as a cosponsor.
4:05:27 PM
CHAIR SHOWER opened public testimony on SB 10.
4:05:57 PM
DEBEN DAS, Board Member, National Alliance on Mental Illness
(NAMI)-Fairbanks, Fairbanks, stated that his wife has suffered
from mental illness for about 40 years and he has been
volunteering at NAMI-Fairbanks to help her, to help himself, and
to help others who are in a similar situation. He said he has
experienced the close link between mental illness and suicide in
his family. The Statewide Suicide Prevention Council is
particularly helpful in improving the health and wellness of
Alaskans, enhancing public awareness of suicide, and providing
guidance. He stated support for SB 10 as a board member of NAMI
Fairbanks.
4:08:49 PM
JANE ANDRENE, Alaska Public Health Association (APHA), Juneau,
stated that APHA is a 150 member statewide organization of
public and behavioral health professionals that strongly
supports SB 10 to extend the Statewide Suicide Prevention
Council. She said it is vitally important for Alaska to have a
central council that coordinates and collaborates on the issues
associated with suicide. She also voiced support for the fiscal
note, particularly the research project.
4:09:56 PM
SAM TRIVETTE, Juneau Suicide Prevention Coalition, Juneau,
stated that he has been involved with the coalition and the
Statewide Suicide Prevention Council for about 11 years. He and
his wife have participated in statewide conferences and regional
trainings with the council. The council has linked them with
very valuable national experts and resources that they would not
have known about otherwise. He said suicide will always be here
but we need to continue to work to reduce the numbers. He is
pleased to report that the council is fulfilling its mission.
When he testified the first time the audit recommended
abolishment. He recounted the problems the council had in the
past and highlighted the positive signs. He said he is heartened
that the number of people calling the statewide crisis line has
quadrupled in recent years. That tells you that people are
starting to open up and reach out for help, he said.
Furthermore, the council has developed a model to improve
suicide awareness and prevention programs in the schools in
Alaska. "I think they're doing a better job than we've ever
done," he said.
CHAIR SHOWER agreed that the need will continue to be there.
4:13:37 PM
BARBARA FRANKS, Chair, Statewide Suicide Prevention Council,
Ninilchik, stated that she is or has been associated with the
National Suicide Prevention Lifeline, the NAMI Board, and the
Alaska Psychiatric Institute (API) Board but she is removing
those hats to speak as the mother of a child who died by suicide
and whose husband died of cancer two days later. At that time
there were no 800 numbers to call, websites to access, or books
that talked about what to do if someone in your family had
thoughts of suicide. She said the fact that the previous
speakers are from different entities is evidence of cooperative
work to follow the national strategic plan. She encouraged
continued outreach and support for SB 10.
4:16:07 PM
SHARON FISHEL, Education Specialist, Department of Education and
Early Development (DEED), Juneau, stated that she is the staff
that oversees the school-based suicide prevention services. She
was available to answer questions.
4:17:14 PM
MONIQUE ANDREWS, representing self, Eagle River, stated that
while she is a member of the Statewide Suicide Prevention
Council, she is testifying as a mother and a member of the
Alaska Army National Guard. She talked about the council's
collaborative efforts to focus on youth as the most vulnerable
population. She stressed that the efforts of the council are
instrumental in ensuring that prevention services continue to be
available for youth. She said we want children to develop
resiliency skills. Some of these children may join the military
when they grow up, she said, and we want them to be as equipped
as possible to take on that huge responsibility. That is only
done through efforts that start early. She said she supports the
council as a mother whose child needs to learn resiliency skills
from all sides. At home and at school we all need to be talking
the same language, she said.
4:20:14 PM
JAMES BIELA, Lead Field Advocate, American Foundation for
Suicide Prevention (AFSP) - Alaska Chapter, Newtok, stated that
AFSP and the Statewide Suicide Prevention Council (SSPC) are
aligned with the national strategy for suicide prevention as
well as the American Indian and Alaska Native National Suicide
Prevention Strategy Plan. SSPC is also aligned with the goal of
AFSP to reduce suicide at least 20 percent by 2025. He said he
has worked with the SSPC since the Alaska Chapter of AFSP was
formed in 2010. He cited statistics of suicide rates nationally,
in Alaska, and the military. He reported that the council has
helped him in his work with elders and youths on suicide
prevention and healing and to increase participation in AFSP
International Survivor Suicide Loss Day. He stated that AFSP
strongly supports SB 10 and the continuation of the Statewide
Suicide Prevention Council.
4:22:46 PM
BRENDA MOORE, Chair, Alaska Mental Health Board, Alaska
Department of Health and Social Services (DHSS), Anchorage,
stated that she is also a member of the Statewide Suicide
Prevention Council. She described how the council has changed
over the years to the point where it now "has some momentum."
When she started with the council suicide prevention wasn't well
understood, particularly with tribal organization. This changed
through partnering with the Alaska Federation of Natives to hold
local and statewide summits. These summits resulted in an active
regional suicide prevention coalition. The council collaborates
and coordinates with the coalition and the Division of
Behavioral Health prevention grantees. She noted that the
council now has a member who represents the military. She
emphasized the importance of the work the council does to
coordinate the efforts of the various entities. She urged the
committee to support SB 10.
4:26:17 PM
CHAIR SHOWER closed public testimony on SB 10.
4:26:25 PM
At ease
4:26:48 PM
CHAIR SHOWER reconvened the meeting and solicited a motion.
4:26:59 PM
SENATOR COGHILL moved to report SB 10, version A, from committee
with individual recommendations and attached fiscal note(s).
CHAIR SHOWER found no objection and SB 10 moved from the Senate
State Affairs Standing Committee.
4:27:34 PM
At ease
SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
4:29:46 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL NO. 32 "An Act relating to criminal
law and procedure; relating to controlled substances; relating
to probation; relating to sentencing; relating to reports of
involuntary commitment; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date."
He stated that this is the third hearing and the purpose today
is to get answers to the questions that have been raised.
4:31:57 PM
SENATOR KAWASAKI read the first question:
Section 28: What was the average sentence length for
disorderly conduct both pre- and post- SB 91? From the
time of arrest, what is the average amount of time
that a person is in custody for a disorderly conduct
charge? (Presume no prior convictions or mitigators or
aggravators)
ROBERT HENDERSON, Deputy Attorney General, Department of Law,
Criminal Division, Anchorage, said DOL did not have that
information, but they were checking to see if the Department of
Corrections had it. He added that pre-Senate Bill 91, the
maximum term for disorderly conduct was 10 days. Prior
convictions, mitigators, and aggravators didn't change that
maximum. Under the current law, the maximum term of imprisonment
for disorderly conduct is 24 hours, regardless of the number of
prior convictions or whether there are mitigators or
aggravators.
SENATOR KAWASAKI said he was trying to understand the impact of
returning the maximum term of imprisonment for disorderly
conduct to ten days.
4:33:51 PM
SENATOR KAWASAKI read question 2:
Section 32: How was the threshold for 1A and 2A drug
position determined? How did the Department determine
the threshold to show personal use versus intent to
distribute?
MR. HENDERSON explained that the Alaska Criminal Justice
Commission (ACJC) initially proposed a 2.5 gram threshold for
schedule IA and IIA controlled substances, but the thresholds
were changed during the legislative process. Under current law,
trafficking under 1 gram of a schedule IA controlled substance
is a class C felony and trafficking under 2.5 grams of a
schedule IIA drug is a class C felony. Trafficking more than
that amount is a class B felony.
The Justice Reinvestment Report to the Legislature said the
rationale for the changes to the drug laws was that post-
conviction admissions to prison for drug offenses had grown 35
percent in the 10 years prior to criminal justice reform and
that felony drug offenders were spending more time in jail than
they were 10 years ago. The proposal to reduce the sentences
available to drug offenders was based on the commission's
determination that there was little evidence of a deterrent
effect in the sentencing scheme for drug offenders.
Reclassifying drug trafficking of schedule IA and schedule IIA
controlled substances achieved the intended goal to reduce
sentencing and the prison terms available to drug traffickers.
The reduction of presumptive sentencing for most offenses also
reduced the availability of prison and jail as a sanction for
drug trafficking.
CHAIR SHOWER asked the department representatives to follow up
with responses to any lingering questions by Thursday, 4/12/19,
and not later than next Tuesday.
4:37:09 PM
SENATOR COGHILL said he agrees in part about the intended effect
of less charges but he also recalls there was discussion about
charges that were bargained down pre-Senate Bill 91. He
suggested it would be helpful to have a graph that shows the
difference between the initial charge and the bargained down
offense. Then maybe we can see how that has changed the existing
law, he said. The point is to look at where the failure was to
ensure we don't return to a failure.
MR. HENDERSON asked him to describe the graph he was requesting.
SENATOR COGHILL clarified that he was looking for a graph that
shows the pre and post-Senate Bill 91 possession and trafficking
charges, the convictions on the original charges, and the plea
bargains. He recalled discussions about the felony charges that
were bargained down to misdemeanors.
MR. HENDERSON said getting the information that includes both
the charge and whether or not it was resolved at a lower charge
for both pre and post-Senate Bill 91 will be difficult to get in
the allotted time but he'd try.
SENATOR COGHILL said the bill goes to finance and it could be
answered there. He recalled that the Criminal Justice Commission
discussed that bargaining from a felony to a misdemeanor was
quite significant pre-Senate Bill 91. You need to show in a
chart how it was working before, how it doesn't work now, and
how going back will be better, he said.
CHAIR SHOWER asked Mr. Henderson if he could get that
information to the committee for Senator Coghill.
MR. HENDERSON said yes; it's a good point. He added that between
2015 and 2017, the Department of Law saw felony drug
prosecutions drop about 70 percent. In part that was because DOL
didn't have the tools to address some of the drug trafficking.
It was also partially due to reducing felony possession offenses
to the misdemeanor level. He suggested it might be helpful for
the committee to hear Deputy Commissioner Duxbury describe this
phenomenon with drug prosecutions.
SENATOR COGHILL said he'd like to hear that and how the felony
charge for possession helped police get dealers.
4:43:10 PM
MICHEAL DUXBURY, Deputy Commissioner, Department of Public
Safety, Anchorage, Alaska, asked him to repeat the two
questions.
SENATOR COGHILL said the discussion is about returning
possession and trafficking schedule IA and schedule IIA drugs to
felony level offenses. His question is how many cases were
bargained pre-Senate Bill 91 versus now. He said he's trying to
find out if the problem was the drug amount or the felony
charge on possession and if it was a police problem or a
prosecution problem.
MR. DUXBURY said that when possession of small amounts of these
drugs were no longer felonies, they found that the small dealers
weren't interested in cooperating because the sanctions weren't
impactful. There was systematic inertia. Then the prosecution
didn't have the resources to handle the rising person on person
and violent crimes. This all made it difficult for law
enforcement to have an impact on the amount of drugs coming into
communities.
SENATOR COGHILL said he's come to understand that a felony
hanging over a small user encourages them to cooperate but he's
still interested in looking for ways to help someone turn their
life around after they've been charged with a felony.
4:48:21 PM
MR. DUXBURY said the best thing they can do for a small time
user is to get the person into some form of treatment. When
somebody is going to be charged and they decide to cooperate,
the negotiations usually involve the prosecutor and the
investigator whether it's the local police or the troopers. He
said he can't gauge what the impact would be on the individual
but DPS is focused on getting the large amounts and maintaining
quality of life for the community. He restated that any plea
negotiations involve a prosecutor and pre-Senate Bill 91 there
was also the discretion to target places to make an impact on
the amount of drugs coming into the community.
SENATOR COGHILL said he wanted it to be very clear that this is
charging people with a felony to get to people who are
committing felonies. He agreed that downward pressure is needed
but this disregards those people who have been cooperative and
need help to turn their lives around.
4:52:15 PM
SENATOR MICCICHE said he understands what Senator Coghill is
saying and it's one reason he supported Senate Bill 91, but it's
not working. He's talked to the troopers in his community about
the drug house issue and their hands are tied. He said we're
also not thinking about the user/dealer. He hopes to see more
use of suspended imposition of sentence to try to negotiate with
low level first-time users and help them turn their lives around
but meanwhile the carrot won't work if there isn't a stick. He
talked about the crime meetings in his community and related
that the provision in the disorderly conduct statute to be able
to hold someone was important because disorderly conduct can be
a precursor to domestic violence. He asked Mr. Duxbury to
comment on increasing the maximum hold for disorderly conduct
from 24 hours to 10 days.
MR. DUXBURY said taking the people who repeatedly victimize
others out of circulation for a few days provides a cooling down
period that seems to be helpful in breaking the cycle.
SENATOR MICCICHE highlighted that a common theme among people
who have turned their lives around after convictions for
possession of small quantities of drugs is that they didn't
realize how far they'd fallen until they were faced with a
significant charge. That's why he believes in combining the
carrot of treatment with the stick that's the threat of a
felony. He expressed hope that prosecutors will use the
suspended imposition of sentence tools on first-time offenders.
CHAIR SHOWER commented that without the tools to get people into
the system, law enforcement is not able to get help for them.
SENATOR COGHILL added that the police have said that they can
only pick up somebody up and take them to jail. There aren't
enough treatment facilities and certainly not enough to divert
someone the day they're picked up. He stressed that charging
somebody for one thing to encourage them to do something else
means that charge will follow that individual for the rest of
their life. [Senate Bill 91] intended to avoid that but what
happened was there was no longer any leverage to get offenders
to change their behavior. The police feel hamstrung because
people bounce right out if they go to jail. He reiterated the
caution that "we're charging somebody something, to do something
else." He said he wanted people to understand, "that's why we're
doing this."
4:58:32 PM
SENATOR MICCICHE offered his perspective that the only way to
get hold of the problem is to impose a consequence for
possessing a small quantity of drugs. If the arrest is for
possession of meth, for example, the arresting officer probably
won't know how the person, who may be a user/dealer, is funding
their habit or if they're spreading that habit to others. If
they're spreading the habit, their behavior will never change
without a substantial consequence. But if the person really is a
first timer who is in possession of just a small quantity, he
said he hopes law enforcement will use the tools of suspending
entry and give the person another chance.
SENATOR COGHILL said the proposed statute doesn't provide that
latitude but he does agree that there is thievery associated
with drug use.
CHAIR SHOWER transitioned the discussion by advising both the
Department of Law and the Department of Public Safety that he
had problems with some of the language in Section 27 regarding
terroristic threats. He asked both agencies to be prepared to
speak to that section on Thursday. He warned that he would "dive
pretty hard" on the DNA swabbing and associated personal privacy
issues. He also asked DOC if they had data that shows the
numbers of drug possession felonies both pre and post-Senate
Bill 91.
5:02:47 PM
SENATOR MICCICHE said his request was for clarification that the
legal marijuana industry authorized in AS 17 is excepted from
the increased penalties involving a controlled substance in
Title 11. He said he will also ask about the constitutionality
of separating revoked licenses from suspended licenses. If
that's not possible, he would evaluate returning both to an
arrestable offense.
5:04:08 PM
CHAIR SHOWER held SB 32 in committee.
5:04:54 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 5:04 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA MEMO.pdf |
SSTA 4/9/2019 3:30:00 PM |
agenda |
| SB 92 Sponsor Statement.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 92 |
| CS for SB 92 - Ver. M.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 92 |
| SB 92 - Explanation of Changes V.A to V.M.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 92 |
| SB 10 Sponsor Statement.pdf |
SFIN 4/24/2019 9:00:00 AM SSTA 4/9/2019 3:30:00 PM |
SB 10 |
| SB0010A.PDF |
SSTA 4/9/2019 3:30:00 PM |
SB 10 |
| SB 10 Supporting Document 2018 Leg Audit Report ASPC.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 10 |
| SB10 Support Letters.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 10 |
| SB 10 - Fiscal Note - DHSS.pdf |
SSTA 4/9/2019 3:30:00 PM |
SB 10 |
| SB 32 Transmittal Letter.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB32 - Version A.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Highilghts.pdf |
SJUD 2/6/2019 1:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Sectional.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB91-GOA Bills Matrix 2-22-19 - DRAFT STA CS.pdf |
SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - FN#1 - DPS.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#2 - DOL.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#5 - DHSS.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#6 - DOC.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - DOA - Public Advocacy.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - Court System.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - DOA - Public Defender Agency.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |