02/11/2020 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| SB167 | |
| SB162 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 166 | TELECONFERENCED | |
| *+ | SB 167 | TELECONFERENCED | |
| *+ | SB 162 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 11, 2020
3:32 p.m.
MEMBERS PRESENT
Senator Joshua Revak, Chair
Senator John Coghill, Vice Chair
Senator Scott Kawasaki
MEMBERS ABSENT
Senator Mia Costello
Senator David Wilson
OTHER LEGISLATORS PRESENT
Senator Lora Reinbold
COMMITTEE CALENDAR
SENATE BILL NO. 166
"An Act amending the authority of pretrial services officers to
file charges, make a warrantless arrest, or request the court to
issue a warrant for arrest for escape in the third degree; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 167
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 162
"An Act relating to names on state-issued identification."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 166
SHORT TITLE: AUTHORITY OF PRETRIAL SERVICES OFFICERS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/27/20 (S) READ THE FIRST TIME - REFERRALS
01/27/20 (S) STA, JUD
02/11/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 167
SHORT TITLE: AGGRAVATING FACTOR: CORRECTIONS OFFICER
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/27/20 (S) READ THE FIRST TIME - REFERRALS
01/27/20 (S) STA
02/11/20 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 162
SHORT TITLE: FORM OF NAME ON DRIVER'S LICENSE/ID
SPONSOR(s): COSTELLO
01/24/20 (S) READ THE FIRST TIME - REFERRALS
01/24/20 (S) STA
02/11/20 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JENNIFER WINKELMAN, Acting Deputy Commissioner
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Introduced SB 166 and SB 167 on behalf of
the administration.
KELLY HOWELL, Special Assistant and Legislative Liaison
Department of Corrections
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 166
and SB 167.
TOM WRIGHT, Staff
Senator Mia Costello
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 162 on behalf of the sponsor.
JOANNE OLSEN, Interim Director
Division of Motor Vehicles
Department of Administration
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 162.
JENNA WAMSGANZ, Deputy Director
Division of Motor Vehicles
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to SB 162.
ACTION NARRATIVE
3:32:13 PM
CHAIR JOSHUA REVAK called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Kawasaki, Coghill, and Chair Revak. He noted
that Senator Reinbold was in attendance.
SB 166-AUTHORITY OF PRETRIAL SERVICES OFFICERS
3:33:25 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 166,
"An Act amending the authority of pretrial services officers to
file charges, make a warrantless arrest, or request the court to
issue a warrant for arrest for escape in the third degree; and
providing for an effective date."
He invited Ms. Winkelman to present the bill.
3:34:21 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections, Juneau, Alaska, introduced SB 166 reading from the
following prepared statement:
Good afternoon Mr. Chairman and members of the Senate
State Affairs Committee. For the record, my name is
Jennifer Winkelman, Acting Deputy Commissioner for the
Department of Corrections.
Here with me today are Kelly Howell, Special
Assistant/Legislative Liaison for the Department of
Corrections, who will provide a sectional analysis of
the bill, and Kaci Schroeder, Assistant Attorney
General with the Department of Law, who is available
to answer any legal questions associated with the
bill.
Thank you for the opportunity to appear before you
today to introduce Senate Bill 166, an Act amending
the authority of pretrial services officers to file
charges, make a warrantless arrest, or request the
court to issue a warrant for arrest for escape in the
third degree, and providing for an effective date.
Under current law, pretrial services officers may only
arrest, file criminal charges, or request a warrant
when a person violates a condition of pretrial release
under AS 11.56.757 or fails to appear for a court
hearing under AS 11.56.730.
Under HB 49 one commits the crime of escape in the
third degree if, while on release the person removes,
tampers with, or disables electronic monitoring
equipment or without prior authorization leaves one's
residence or other place designated by a judicial
officer as a condition of release.
Because pretrial officers are unable to arrest, file
charges, or request warrants for this offense, they
must notify law enforcement or a prosecutor who must
then gather the information from the pretrial services
officer in order to file charges or request a warrant.
Aside from violations of conditions of release and
failure to appear, pretrial officers do not have
arrest authority for Title 11 offenses. Pretrial
services officers draw their arrest authority from
Title 33.
By amending Title 33, Senate Bill 166 grants pretrial
services officers the authority to affect an arrest on
an individual they are responsible for supervising.
This will streamline the criminal justice process in
regard to these cases.
We appreciate the opportunity to present Senate Bill
166 today and request your prompt and favorable action
on this bill.
Thank you.
3:36:41 PM
KELLY HOWELL, Special Assistant and Legislative Liaison,
Department of Corrections, Juneau, Alaska, read the following
sectional analysis for SB 166.
Section 1: Amends AS 33.07.030, duties of pretrial
officers. Current subsection (g) establishes
discretionary actions that may be taken by a pretrial
services officer including establishing circumstances
when a pretrial services officer may make an arrest or
request the court to issue a warrant. This amendment
would add escape in the third degree (AS 11.56.320) as
an offense that permits a pretrial services officer to
file a complaint with the court seeking arrest or
issuance of a warrant.
Section 2: Establishes an immediate effective date.
MS. HOWELL noted that two zero fiscal notes are attached to the
legislation.
3:37:37 PM
SENATOR COGHILL asked for an explanation of AS 11.56.320.
MS. WINKELMAN replied it is escape in the third degree.
SENATOR KAWASAKI asked for a description of escape in the third
degree.
MS. WINKELMAN read the statute:
Sec. 11.56.320. Escape in the third degree.
(a) One commits the crime of escape in the third
degree if one
(1) removes oneself from official detention
during any lawful movement or activity incident to
confinement within a correctional facility for a
misdemeanor;
(2) violates AS 11.56.335 or 11.56.340 and leaves
or attempts to leave the state;
(3) while under official detention for a
misdemeanor,
(A) removes, tampers with, or disables the
electronic monitoring equipment; or
(B) without prior authorization, leaves
one's residence or other place designated by the
commissioner of corrections or the commissioner of
health and social services for service by electronic
monitoring; or
3:39:20 PM
MS. WINKELMAN explained that subsection (a)(4) relating to
electronic monitoring is the important provision for SB 166. AS
12.30 relates to release while on pretrial service supervision.
(4) while on release under AS 12.30,
(A) removes, tampers with, or disables the
electronic monitoring equipment; or
(B) without prior authorization, leaves
one's residence or other place designated by a
judicial officer as a condition of release.
SENATOR KAWASAKI asked her to read the last citation under AS
12.30.
MS. WINKELMAN read, "without prior authorization, leaves one's
residence or other place designated by a judicial officer as a
condition of release."
SENATOR KAWASAKI posed a hypothetical situation of a person at
NorthStar Center in Fairbanks who is on work release but does
not return to the center after work. He asked if that would
qualify.
MS. WINKELMAN clarified that the provision was specifically for
individuals who are placed on pretrial services as a condition
of bail. She deferred to Ms. Schroeder to discuss escape from a
halfway house.
SENATOR COGHILL asked what the most common problems have been.
MS. WINKELMAN replied SB 166 will streamline the process when
somebody tampers with or deactivates their electronic monitoring
device. Should the bill pass, the pretrial service officer would
make an arrest for violating conditions of release and then put
the paperwork forward for the Court System to review. Under the
current process, the pretrial service officer arrests the
individual for violating conditions of release and flags
sentences in the complaint that state what the behavior was so
the prosecutor can screen for escape in the third degree. She
reminded the members that House Bill 49 made tampering with or
deactivating an electronic monitoring device the crime of escape
in the third degree but pretrial service officers only have
arresting authority for violating conditions of release.
3:42:04 PM
SENATOR COGHILL commented that the assumption must be that the
individual is already under supervision, which is why the arrest
may be warrantless. "If this goes into law, it would be much
easier because of the assumption of their conditions?"
MS. WINKELMAN replied it is not necessarily because the arrest
may be warrantless. The pretrial service officer will still file
the complaint for violating conditions of release. It is because
of the threshold of escape in the third degree and the fact that
the officers do not have that arresting authority. Currently,
officers arrest for violating conditions of release and either
the prosecution or local law enforcement must screen the
complaint for escape in the third degree, which adds an
additional step.
SENATOR COGHILL said it is that HB 49 increased the penalty so a
warrant is required.
MS. WINKELMAN explained that HB 49 made tampering with or
deactivating an electronic monitoring device while under
pretrial release a crime of escape in the third degree.
SENATOR REVAK asked how often and in what regions this occurs.
MS. WINKELMAN replied that a quick poll of three locations since
House Bill 49 became effective showed there were 13 cases in
Juneau and Fairbanks and 23 cases in Anchorage. By comparison,
there were about 33 of these cases in Anchorage the 6 months
prior to the effective date.
3:44:38 PM
SENATOR REVAK opened public testimony on SB 166. Finding none,
he closed public testimony saying he would open it again when
the bill was scheduled in the future. He noted that SB 166 has
two zero fiscal notes.
SB 166 was held in committee for future consideration.
SB 167-AGGRAVATING FACTOR: CORRECTIONS OFFICER
3:45:40 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 167,
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
He invited Ms. Winkelman to present the bill.
3:46:01 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections, Juneau, Alaska, introduced SB 167, reading from the
following prepared statement:
Good afternoon Mr. Chairman and members of the Senate
State Affairs Committee. For the record, my name is
Jennifer Winkelman, Acting Deputy Commissioner for the
Department of Corrections.
Here with me today are Kelly Howell, Special
Assistant/Legislative Liaison for the Department of
Corrections, who will provide a sectional analysis of
the bill, and Kaci Schroeder, Assistant Attorney
General with the Department of Law, who is available
to answer any legal questions associated with the
bill.
Thank you for the opportunity to appear before you
today to introduce Senate Bill 167, an Act providing
for an aggravating factor at sentencing for
contractors, volunteers, and employees of the
Department of Corrections, and providing for an
effective date.
Promoting the safety and security of our correctional
facilities is the utmost priority of the Department of
Corrections.
Senate Bill 167 establishes an aggravator at
sentencing for persons convicted of promoting
contraband in the first degree if, at the time of the
offense, the person was under contract, a volunteer,
or an employee of the Department of Corrections and
the offense was committed in the course of the persons
contractual, volunteer, or employment duties.
Contractors, volunteers, and employees of the
Department of Corrections are granted special access
within our facilities to assist them in the
performance of their duties. This access bestows a
high level of trust that is paramount to supporting
and maintaining a safe and secure environment within
our facilities.
The safety and security of our correctional facilities
is seriously compromised when contraband is brought
inside the walls. When a contractor, volunteer, or
employee of the department violates that trust by
using their access to bring contraband into our
facilities, an enhanced penalty should apply.
Promoting contraband in the first degree is a class C
felony that carries a sentence of zero to two years.
By adding an additional aggravator under AS
12.55.155(c), Senate Bill 167 would allow a court to
impose a lengthier sentence on contractors,
volunteers, or employees who are convicted of this
offense.
We appreciate the opportunity to present Senate Bill
167 today and request your prompt and favorable action
on this bill.
Thank you.
3:48:31 PM
KELLY HOWELL, Special Assistant and Legislative Liaison,
Department of Corrections, Juneau, Alaska, read the following
sectional analysis for SB 167:
Section 1: Adds a new paragraph to AS 12.55.155(c)
relating to factors that shall be considered by the
sentencing court if proven and that may allow
imposition of a sentence above the statutory
presumptive range (aggravating factors). The new
factor would be conviction of an offense under AS
11.56.375 (promoting contraband in the first degree)
if the person, at the time of the conviction, was an
employee, volunteer, or under contract with the
Department of Corrections.
Section 2: Establishes that the factor added in
section 1 applies to offenses committed on or after
the effective date of the act.
Section 3: Establishes an effective date of July 1,
2020.
She noted that there are three zero fiscal notes attached to SB
167.
3:49:59 PM
SENATOR COGHILL asked how many times someone has been charged
under AS 11.56.375, promoting contraband in the first degree.
MS. WINKELMAN said she assumes he is asking about the Department
of Corrections employees.
SENATOR COGHILL replied he would like to know the total and then
how many are correctional employees.
MS. WINKELMAN said DOC is currently houses about 41 promoting
contraband cases statewide, most of which are attached to
another case. According to the DOC human resources office, less
than 5 cases involving a DOC employee, contractor, or volunteer
have gone to prosecution since 2012. She added that this
snapshot shows that the bill would affect a small number of
cases.
SENATOR COGHILL asked, for that cohort, what the difference is
between those charged and those convicted.
MS. WINKELMAN replied she did not have that number.
SENATOR COGHILL said he would like that information to
understand whether the aggravator has any impact.
3:52:43 PM
SENATOR REVAK said he would also like to know what type of
contraband was moved in those five cases. He added that his
assumption is that 5 people could move quite a lot of contraband
before they got caught.
SENATOR COGHILL asked what types of contraband account for the
highest volume.
MS. WINKELMAN responded that a person commits the crime of
promoting contraband in the first degree if the contraband is a
deadly weapon, a defensive weapon, an article that is intended
by the defendant to be used as a means of facilitating escape,
or a controlled substance.
SENATOR COGHILL asked if most of the cases that resulted in
successful prosecution involved contraband to promote escape or
drug use.
MS. WINKELMAN replied she would follow up with the specifics.
SENATOR COGHILL said he would appreciate that information
because anecdotal evidence indicates that drugs get into the
facilities far too often
SENATOR REVAK asked Ms. Winkelman to submit the information to
the committee.
3:54:57 PM
At ease
3:55:25 PM
CHAIR REVAK reconvened the meeting and opened public testimony
on SB 167. Seeing none, he said he would keep it open, but
testimony could also be submitted to [email protected]. He noted
there were three zero fiscal notes attached to SB 167.
SENATOR REVAK held SB 167 in committee for future consideration.
SB 162-FORM OF NAME ON DRIVER'S LICENSE/ID
3:56:37 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 162,
"An Act relating to names on state-issued identification."
3:56:49 PM
TOM WRIGHT, Staff, Senator Mia Costello, Alaska State
Legislature, Juneau, Alaska, introduced SB 162 on behalf of the
sponsor, paraphrasing the following sponsor statement:
Senate Bill 162 directs the Division of Motor Vehicles
to include numeric characters when issuing either an
identification card or driver's license when the
individual's name includes numerals.
This bill was introduced in response to a concern
about state identification cards from the Division of
Motor Vehicles for individuals whose name contains
numerals.
He said he is aware of one instance in which the Division of
Motor Vehicles said that numerals in a name would have to be
spelled out. The parents of the child declined because the
numeral in the child's name was there for a specific reason.
They asked the state to honor what was on the birth certificate
but DMV said they could not do that because of federal
regulations and Real ID requirements.
MR. WRIGHT summarized that the sponsor introduced SB 162 in
response to concerns about state ID cards for individuals whose
names contain numerals.
3:58:21 PM
SENATOR COGHILL pointed out that while the bill addresses state
ID cards, individuals would still need to comply with the
federal REAL ID Act.
MR. WRIGHT replied he was not familiar with the REAL ID Act but
he imagines that would be true.
CHAIR REVAK advised that representatives from DMV were online to
answer questions.
MR. WRIGHT said he cannot argue with the indeterminant fiscal
note because changing the system would not be easy. However, he
believes it is important to honor the names that parents put on
their kids' birth certificates.
4:00:28 PM
SENATOR COGHILL asked the DMV representative whether the
driver's license and the identification card are one or two
records.
4:01:20 PM
JOANNE OLSEN, Interim Director, Division of Motor Vehicles,
Department of Administration, Anchorage, Alaska, replied they
are one and the same record.
SENATOR COGHILL asked, should this bill pass, if it would comply
with the Real ID Act.
4:02:02 PM
MR. WRIGHT directed attention to the November 27, 2019
Legislative Legal Services opinion in the packets. He read the
following:
With regard to the name placed by the DMV on the face
of the driver's license or identification card, DHS is
proposing to adopt the ICAO [International Civil
Aviation Organization] 9303 standard. The ICAO 9303
standard requires Roman alphabet characters, allows a
total of 39 characters on the face of the driver's
license or identification card, and provides standards
for truncation of longer names.
Numeric characters should not be written in the name
fields of the VIZ [visual inspection zone]; however,
where the use of numeric characters is a legal naming
convention in the issuing State, these should be
represented in Roman numerals. Any prefixes, suffixes
or Roman numerals shall be entered in the secondary
field.
4:03:32 PM
JENNA WAMSGANZ, Deputy Director, Division of Motor Vehicles,
Department of Administration (DOA), Anchorage, Alaska, said she
agrees with the legal opinion that Mr. Wright cited. She also
pointed out that DMV uses electronic verification systems from
Social Security and the US Passport Verifications Service when
it issues identification credentials and those agencies do not
put numeric characters in a person's name. An inconsistent
naming convention could therefore cause verification issues and
prevent DMV from issuing an identification credential.
SENATOR COGHILL asked if the default would be to Roman numerals
if SB 162 were to pass.
MR. WRIGHT responded that Roman numerals are already the
default. He relayed that the parents who requested this change
have been adamant that they gave their child the middle name of
"10" for a specific reason and it is on the birth certificate.
The sponsor is trying to accede to the parent's wishes, he said.
SENATOR COGHILL asked if DMV could comply if SB 162 were to
pass.
4:06:16 PM
MS. WAMSQANZ said significant programing changes to the customer
management system to allow for numeric changes in the naming
field. She reiterated that a number of DMV's internal processes
would break since the division would be unable to electronically
verify names against other agency databases. Additionally, a
number of other state agencies rely on DMV data. She said she is
unaware that any of those agencies have the ability to add
numeric characters to their naming conventions. She referenced
the indeterminant fiscal note and advised that DMV's initial
estimate was that the bill would cost the division hundreds of
thousands of dollars. She also highlighted that the division is
aware of just one customer who has requested the accommodation
of a numeric character in their name in the last two years. "We
don't believe that this low level of demand supports the
extensive research, resources, and the funds that would be
required to implement the proposed change."
SENATOR COGHILL asked if the numeral is on the individual's
passport.
MR. WRIGHT replied he did not believe a passport had been
issued.
SENATOR COGHILL commented that this seemed to be an uphill
battle.
4:08:28 PM
CHAIR REVAK opened public testimony on SB 162, found none, and
closed it. He noted the indeterminate fiscal note and stated he
would hold the bill in committee.
4:09:29 PM
There being no further business to come before the committee,
Chair Revak adjourned the Senate State Affairs Standing
Committee meeting at 4:09 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 166 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 166 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 167 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 167 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 162 Legal Memo 11.27.19.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Legal Memo 1.22.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Sponsor Statement 2.7.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Backup statute docs.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |