SB 64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL  [Contains discussions of SB 108, HB 313, and SB 81] 2:15:59 PM CHAIR KELLER announced that the final order of business would be CS FOR SENATE BILL NO. 64(FIN), "An Act relating to theft and property offenses; relating to the definition of 'prior convictions' for certain theft offenses; establishing the Alaska Criminal Justice Commission and providing an expiration date; relating to the crime of custodial interference; relating to the duties of the Alaska Judicial Council; relating to jail-time credit for offenders in court-ordered treatment programs; relating to conditions of release, probation, and parole; relating to duties of the commissioner of corrections and board of parole; establishing a fund for reducing recidivism in the Department of Health and Social Services; requiring the commissioner of health and social services to establish programs for persons on conditions of release or probation that require testing for controlled substances and alcoholic beverages; requiring the board of parole to establish programs for persons on parole that require testing for controlled substances and alcoholic beverages; relating to the duties of the Department of Health and Social Services; and providing for an effective date." 2:16:18 PM [The proposed amendments were numbered.] 2:20:42 PM CHAIR KELLER moved to adopt Amendment 11, labeled 28- LS0116\L.21, Gardner, 4/3/14. REPRESENTATIVE GRUENBERG objected for the purpose of discussion. At the request of Chair Keller, Representative Gruenberg withdrew his objection. CHAIR KELLER withdrew his motion to adopt Amendment 11. 2:21:13 PM REPRESENTATIVE LYNN moved to rescind the committee's action in adopting Amendment 10 on 4/2/14. CHAIR KELLER objected for the purpose of discussion. He explained the reason for the motion to rescind is that changes were made to the amendment. Chair Keller then removed his objection. There being no further objection, it was so ordered. 2:21:52 PM CHAIR KELLER moved to adopt Amendment 11, labeled 28- LS0116\L.21, Gardner, 4/3/14, which read as follows: Page 18, line 27, following "and": Insert "criminal justice" Page 18, line 28: Delete "sentences" Insert "those sentencing laws and criminal justice practices" Page 18, line 29, following "crimes,": Insert "the rights of the accused and the person convicted," Page 18, line 31, following "practices": Insert "and criminal justice practices, including rehabilitation and restitution" Page 19, line 2: Delete "and court rules related" Insert ", court rules, and court decisions relevant" Page 19, line 6: Delete "and proportionality" Insert "proportionality, and accountability" Page 19, line 8: Delete "use" Insert "efficacy" Page 19, lines 8 - 9: Delete "sentencing criminal defendants and to ensure" Insert "reducing recidivism, achieving rehabilitation, and ensuring" Page 19, line 16, following "resources;": Insert "and" Page 19, line 17: Delete all material. Renumber the following paragraph accordingly. Page 19, line 19: Delete "collection and dissemination" Insert "collection, dissemination, and extrapolation" Page 19, lines 21 - 26: Delete all material and insert: "(1) recommend legislative and administrative action on criminal justice practices; and (2) select and retain the services of consultants as necessary." Page 19, line 31: Delete "criminals" Insert "and administering justice" Page 20, line 6, following "confine": Insert "violent" Page 20, lines 14 - 15: Delete "the resources available to agencies in the criminal justice system; and" Insert "the sufficiency of state agency resources to administer the state's criminal justice system;" Page 20, line 16: Delete "sentencing" Insert "criminal justice laws and practices" Page 20, line 17, following "state": Insert "; (K) peer reviewed and data-driven research; (L) the effect of over-classification of prisoners; and (M) the effects of evidence-based restorative justice initiatives on persons convicted of criminal violations and offenses, the victim, and the community" REPRESENTATIVE GRUENBERG objected for the purpose of discussion. 2:22:40 PM ERNEST PRAX, Staff, Representative Wes Keller, Alaska State Legislature, informed the committee Amendment 11 incorporates some of the conceptual amendments that were made in the rescinded Amendment 10 and also makes an additional change to the original language of SB 64. He related Conceptual Amendment 1 to Amendment 10 was changed to remove "usability" and restore "effectiveness." Directing attention to Amendment 11, page 2, lines 16-17, he said this change is Conceptual Amendment 2 to Amendment 10 that replaces "collection and dissemination" with "collection, dissemination, and extrapolation." On page 2, lines 19-23, he said this change relates to tasks of the commission, deleting all of the material on page 19, lines 21- 26, of the original bill, and inserting, "that the commission may recommend legislative and administrative action on criminal justice practices and ... select and retain the services of consultants as necessary." 2:25:38 PM MR. PRAX, as an aside, noted that the aforementioned changes to 1ines 19-23 are the work of Representative Gruenberg, Senator Coghill's staff, and he, and thus are supported by Representative Gruenberg. REPRESENTATIVE GRUENBERG concurred. MR. PRAX said the final change in Amendment 10 is reflected in Amendment 11, on page 3, line 3, which replaces "the sufficiency in" with "the sufficiency of." This was also a recommendation from Representative Gruenberg. REPRESENTATIVE GRUENBERG pointed out that he had previously questioned the use of the term "proportionality" in Amendment 11, on page 1, lines 19-20, and in the bill on page 19, line 6. He expressed his understanding that proportionality is a term of art that means "is not tremendously disproportionate to what is intended under the statute." Representative Gruenberg noted the use of the term is found in Sikeo v. State, 258 P.3d 906, (Alaska Ct. App. 2011). 2:28:49 PM REPRESENTATIVE GRUENBERG then removed his objection to the motion to adopt Amendment 11. [Although not stated, there being no further objection, Amendment 11 was treated as adopted.] 2:29:09 PM REPRESENTATIVE GRUENBERG moved to adopt Amendment [12], labeled 28-LS0116\L.9, Gardner, 3/31/14, which read: Page 2, line 20, following "person": Insert ", with the intent to take or keep the  child or incompetent person" CHAIR KELLER objected for the purpose of discussion. REPRESENTATIVE GRUENBERG related Amendment 12 establishes that "there has to be an intent that you're going to really do something." 2:30:24 PM QUINLAN STEINER, Director, Central Office, Public Defender Agency, Department of Administration, informed the committee Amendment 12 cures the problem that a person could be convicted of a crime for just making a statement. He said the amendment clarifies that there must be intent and further action. 2:31:03 PM REPRESENTATIVE KELLER removed his objection. There being no further objection, Amendment 12 was adopted. [Amendment 13, labeled 28-LS0116\L.15, Strasbaugh, 4/1/14, was briefly discussed and was not offered.] REPRESENTATIVE GRUENBERG said Amendment 14 establishes post- traumatic stress disorder (PTSD) as a mitigating factor in sentencing. The language of the amendment was derived from [HB 313] which was heard before the House Special Committee on Military and Veterans' Affairs. 2:32:42 PM REPRESENTATIVE GRUENBERG moved to adopt Amendment 14, labeled 28-LS0116\L.24, Strasbaugh/Gardner, 4/3/14, which read: Page 1, line 6, following "and parole;": Insert "relating to a mitigating factor for a  person suffering from combat-related post-traumatic  stress disorder or combat-related traumatic brain  injury" Page 13, following line 27: Insert a new bill section to read:  "* Sec. 25. AS 12.55.155(d) is amended to read: (d) The following factors shall be considered by the sentencing court if proven in accordance with this section, and may allow imposition of a sentence below the presumptive range set out in AS 12.55.125: (1) the offense was principally accomplished by another person, and the defendant manifested extreme caution or sincere concern for the safety or well-being of the victim; (2) the defendant, although an accomplice, played only a minor role in the commission of the offense; (3) the defendant committed the offense under some degree of duress, coercion, threat, or compulsion insufficient to constitute a complete defense, but that significantly affected the defendant's conduct; (4) the conduct of a youthful defendant was substantially influenced by another person more mature than the defendant; (5) the conduct of an aged defendant was substantially a product of physical or mental infirmities resulting from the defendant's age; (6) in a conviction for assault under AS 11.41.200 - 11.41.220, the defendant acted with serious provocation from the victim; (7) except in the case of a crime defined by AS 11.41.410 - 11.41.470, the victim provoked the crime to a significant degree; (8) before the defendant knew that the criminal conduct had been discovered, the defendant fully compensated or made a good faith effort to fully compensate the victim of the defendant's criminal conduct for any damage or injury sustained; (9) the conduct constituting the offense was among the least serious conduct included in the definition of the offense; (10) the defendant was motivated to commit the offense solely by an overwhelming compulsion to provide for emergency necessities for the defendant's immediate family; (11) after commission of the offense for which the defendant is being sentenced, the defendant assisted authorities to detect, apprehend, or prosecute other persons who committed an offense; (12) the facts surrounding the commission of the offense and any previous offenses by the defendant establish that the harm caused by the defendant's conduct is consistently minor and inconsistent with the imposition of a substantial period of imprisonment; (13) the defendant is convicted of an offense specified in AS 11.71 and the offense involved small quantities of a controlled substance; (14) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the distribution of a controlled substance, other than a schedule IA controlled substance, to a personal acquaintance who is 19 years of age or older for no profit; (15) the defendant is convicted of an offense specified in AS 11.71 and the offense involved the possession of a small amount of a controlled substance for personal use in the defendant's home; (16) in a conviction for assault or attempted assault or for homicide or attempted homicide, the defendant acted in response to domestic violence perpetrated by the victim against the defendant and the domestic violence consisted of aggravated or repeated instances of assaultive behavior; (17) except in the case of an offense defined by AS 11.41 or AS 11.46.400, the defendant has been convicted of a class B or C felony, and, at the time of sentencing, has successfully completed a court-ordered treatment program as defined in AS 28.35.028 that was begun after the offense was committed; (18) except in the case of an offense defined under AS 11.41 or AS 11.46.400 or a defendant who has previously been convicted of a felony, the defendant committed the offense while suffering from a mental disease or defect as defined in AS 12.47.130 that was insufficient to constitute a complete defense but that significantly affected the defendant's conduct; (19) the defendant is convicted of an offense under AS 11.71, and the defendant sought medical assistance for another person who was experiencing a drug overdose contemporaneously with the commission of the offense; (20) except in the case of an offense defined under AS 11.41 or AS 11.46.400, the defendant committed the offense while suffering from a condition diagnosed (A) as a fetal alcohol spectrum disorder, the fetal alcohol spectrum disorder substantially impaired the defendant's judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life, and the fetal alcohol spectrum disorder, though insufficient to constitute a complete defense, significantly affected the defendant's conduct; in this paragraph, "fetal alcohol spectrum disorder" means a condition of impaired brain function in the range of permanent birth defects caused by maternal consumption of alcohol during pregnancy; or  (B) as combat-related post-traumatic stress  disorder or combat-related traumatic brain injury, the  combat-related post-traumatic stress disorder or  combat-related traumatic brain injury substantially  impaired the defendant's judgment, behavior, capacity  to recognize reality, or ability to cope with the  ordinary demands of life, and the combat-related post- traumatic stress disorder or combat-related traumatic  brain injury, though insufficient to constitute a  complete defense, significantly affected the  defendant's conduct; in this paragraph, "combat- related post-traumatic stress disorder or combat- related traumatic brain injury" means post-traumatic  stress disorder or traumatic brain injury resulting  from combat with an enemy of the United States in the  line of duty while on active duty as a member of the  armed forces of the United States; nothing in this  paragraph is intended to limit the application of (18)  of this subsection." Renumber the following bill sections accordingly. Page 23, line 17: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 29 and 31 - 35" Page 23, line 19: Delete "sec. 26" Insert "sec. 27" Delete "sec. 27" Insert "sec. 28" Page 23, line 20: Delete "sec. 28" Insert "sec. 29" Page 23, line 21: Delete "sec. 32" Insert "sec. 33" Page 23, line 22: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 29 and 31 - 35" Page 23, line 23: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 29 and 31 - 35" Page 23, following line 23: Insert a new subsection to read: "(c) AS 12.55.155(d)(20), as amended by sec. 25 of this Act, applies to prosecutions occurring on or after the effective date of sec. 25 of this Act for offenses occurring before, on, or after the effective date of sec. 25 of this Act." Page 23, line 27: Delete "sec. 30" Insert "sec. 31" Page 23, line 29: Delete "sec. 30" Insert "sec. 31" Page 24, line 3: Delete "sec. 26" Insert "sec. 27" Page 24, line 6: Delete "sec. 27" Insert "sec. 28" Delete "sec. 28" Insert "sec. 29" Page 24, line 9: Delete "sec. 32" Insert "sec. 33" Page 24, line 12: Delete "Section 29" Insert "Section 30" Page 24, line 13: Delete "Section 36" Insert "Section 37" Page 24, line 14: Delete "Sections 1 - 28 and 30 - 34" Insert "Sections 1 - 29 and 31 - 35" CHAIR KELLER objected for the purpose of discussion. He spoke to his objection, saying that Amendment 14 is outside the scope and intent of the bill. In addition, the subject is addressed by other proposed legislation. REPRESENTATIVE GRUENBERG said Amendment 14 makes clear that PTSD and combat-related traumatic brain injury are "mental disease or defect[s]", as referred to in [paragraph] 18, page 3, lines 6-10 of the proposed bill. The amendment directs that people who have PTSD and combat-related traumatic brain injury, as a result of active duty, would be able to use this mitigating factor. The subject is germane to the bill because the proposed bill deals with crimes and criminal procedures and is an omnibus bill with a broad title. In addition, he said it would be a shame not to let somebody who is not committing a crime against the person, or a first degree arson, present the aforementioned mitigating factor as evidence. 2:36:56 PM JORDAN SHILLING, Staff, Senator John Coghill, Alaska State Legislature, informed the committee that Senator Coghill deferred judgment on Amendment 14 to the chair of the House Judiciary Standing Committee. 2:37:23 PM The committee took an at-ease from 2:37 p.m. to 2:38 p.m. 2:38:06 PM REPRESENTATIVE LEDOUX expressed her support of Amendment 14. 2:38:26 PM CHAIR KELLER agreed that Amendment 14 is germane to the proposed bill. He removed his objection, and there being no further objection, Amendment 14 was adopted. 2:39:23 PM REPRESENTATIVE GRUENBERG moved to adopt Amendment 15, labeled 28-LS0116\L.28, Gardner, 4/4/14, which read: Page 17, line 21: Delete "10" Insert "12" Page 18, following line 5: Insert new paragraphs to read: "(9) one victims' rights advocate appointed by the governor for a three-year term; (10) the chief executive officer of the Alaska Mental Health Trust Authority or a designee of the chief executive officer;" Renumber the following paragraphs accordingly. Page 18, line 10: Delete "(a)(7) or (8)" Insert "(a)(7) - (9)" CHAIR KELLER objected for the purpose of discussion. Speaking from his experience serving on commissions, he stressed the importance of keeping the proposed commission small. Expanding the commission to 12 participants is "nearly unmanageable." Although he would like to add the victims' rights advocates to the commission, he assured the committee "they're going to be listened to." His said his opposition is only to the expansion of the size of the commission. 2:41:04 PM The committee took a brief at-ease. 2:42:38 PM MR. SHILLING expressed his belief that Senator Coghill would defer to the chair on this amendment. 2:43:09 PM REPRESENTATIVE GRUENBERG said the purpose of Amendment 15 is to provide "a smorgasbord approach." He made a motion to adopt an amendment to Amendment 15 to delete lines 9-10 which read: the chief executive officer of the Alaska Mental Health Trust Authority or a designee of the chief executive officer," There being no objection, it was so ordered. 2:44:22 PM CHAIR KELLER removed his objection to Amendment 15, as amended. There being no further objection, Amendment 15, as amended, was adopted. 2:45:03 PM CHAIR KELLER moved to adopt Amendment 16, labeled 28- LS0116\L.27, Gardner, 4/4/14, which read: Page 1, line 3, following "date;": Insert "allowing a reduction of penalties for  offenders successfully completing court-ordered  treatment programs for persons convicted of driving  while under the influence; relating to termination of  a revocation of a person's driver's license; relating  to limitation of drivers' licenses; relating to  restoration of a driver's license;" Page 13, following line 31: Insert new bill sections to read:  "* Sec. 26. AS 28.15.181(f) is amended to read: (f) The court may terminate a revocation for an offense described in (a)(5) or (8) of this section if (1) either (A) the person's license, privilege to drive, or privilege to obtain a license has been revoked for the minimum periods set out in (c) of this section; or (B) the person  (i) has successfully completed a court- ordered treatment program under AS 28.35.028;  (ii) has not been convicted of a violation  of AS 28.35.030 or 28.35.032, or a similar law or  ordinance of this or another jurisdiction since  completing the program; and  (iii) has been granted limited license  privileges under AS 28.15.201(g) and has successfully  driven for two years under that limited license  without having the limited license privileges revoked; and (2) the person complies with the provisions of AS 28.15.211(d) and (e).  * Sec. 27. AS 28.15.201 is amended by adding new subsections to read: (g) Notwithstanding (d) of this section, a court revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c), or the department when revoking a driver's license, privilege to drive, or privilege to obtain a license under AS 28.15.165(c), may grant limited license privileges if (1) the revocation was for a felony conviction under AS 28.35.030; (2) the person has successfully participated for at least six months in, or has successfully completed, a court-ordered treatment program under AS 28.35.028; (3) the person provides proof of insurance as required by AS 28.20.230 and 28.20.240; (4) the court requires the person to use an ignition interlock device during the period of the limited license whenever the person operates a motor vehicle in a community not included in the list published by the department under AS 28.22.011(b) and, when applicable, (A) the person provides proof of installation of the ignition interlock device on every vehicle the person operates; (B) the person signs an affidavit acknowledging that (i) operation by the person of a vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license; (ii) circumventing or tampering with the ignition interlock device is a class A misdemeanor; and (iii) the person is required to maintain the ignition interlock device throughout the period of the limited license, to keep up-to-date records in each vehicle showing that any required service and calibration is current, and to produce those records immediately on request; (5) the person is enrolled in and is in compliance with or has successfully completed the alcoholism screening, evaluation, referral, and program requirements of the Department of Health and Social Services under AS 28.35.030(h); (6) the person has not previously been granted a limited license under this subsection and had the license revoked under (h) of this section; (7) the person complies with a program established under AS 47.38.020 for a minimum of 120 days from the date a limited license is granted under this section. (h) The court or the department may immediately revoke a limited license granted under (g) of this section if the person is convicted of a violation of AS 28.35.030 or 28.35.032 or a similar law or ordinance of this or another jurisdiction.  * Sec. 28. AS 28.35.028(b) is amended to read: (b) Once the court elects to proceed under this section, the defendant shall enter a no contest or guilty plea to the offense or shall admit to a probation violation, as appropriate. The state and the defendant may enter into a plea agreement to determine the offense or offenses to which the defendant is required to plead. If the court accepts the agreement, the court shall enforce the terms of the agreement. The court shall enter a judgment of conviction for the offense or offenses for which the defendant has pleaded or an order finding that the defendant has violated probation, as appropriate. A judgment of conviction or an order finding a probation violation must set a schedule for payment of restitution owed by the defendant. In a judgment of conviction and on probation conditions that the court considers appropriate, the court may withhold pronouncement of a period of imprisonment or a fine to provide an incentive for the defendant to complete recommended treatment successfully. Imprisonment or a fine imposed by a court shall comply with AS 12.55 or any mandatory minimum or other sentencing provision applicable to the offense. However, notwithstanding Rule 35, Alaska Rules of Criminal Procedure, and any other provision of law, the court, at any time after the period when a reduction of sentence is normally available, may consider and reduce the defendant's sentence,  including imprisonment, fine, or license revocation, based on the defendant's compliance with the treatment plan; when reducing a sentence, the court (1) may not reduce the sentence below the mandatory minimum sentence for the offense unless the court finds that the defendant has successfully complied with and completed the treatment plan and that the treatment plan approximated the severity of the minimum period of imprisonment, and (2) may consider the defendant's compliance with the treatment plan as a mitigating factor allowing a reduction of a sentence under AS 12.55.155(a). A court entering an order finding the defendant has violated probation may withhold pronouncement of disposition to provide an incentive for the defendant to complete the recommended treatment successfully.  * Sec. 29. AS 28.35.030(o) is amended to read: (o) Upon request, the department shall review a driver's license revocation imposed under (n)(3) of this section and (1) may restore the driver's license if (A) [(1)] the license has been revoked for a period of at least 10 years; (B) [(2)] the person has not been convicted of a criminal offense since the license was revoked; and (C) [(3)] the person provides proof of financial responsibility;  (2) shall restore the driver's license if  (A) the person has been granted limited  license privileges under AS 28.15.201(g) and has  successfully driven under that limited license for two  years without having the limited license privileges  revoked;  (B) the person has successfully completed a  court-ordered treatment program under AS 28.35.028;  (C) the court previously terminated the  person's revocation as provided in  AS 28.15.181(f)(1)(B);  (D) the person has not been convicted of a  violation of AS 28.35.030 or 28.35.032 or a similar  law or ordinance of this or another jurisdiction since  the license was revoked;  (E) the person's privilege to drive may be  restored as provided in AS 28.15.211; and  (F) the person provides proof of financial  responsibility." Renumber the following bill sections accordingly. Page 23, line 17: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 32 and 34 - 38" Page 23, line 18, following "Act,": Insert "AS 28.15.181(f), as amended by sec. 26 of this Act, AS 28.15.201(g) and (h), enacted by sec. 27 of this Act, AS 28.35.028(b), as amended by sec. 28 of this Act, AS 28.35.030(o), as amended by sec. 29 of this Act," Page 23, line 19: Delete "sec. 26" Insert "sec. 30" Delete "sec. 27" Insert "sec. 31" Page 23, line 20: Delete "sec. 28" Insert "sec. 32" Page 23, line 21: Delete "sec. 32" Insert "sec. 36" Page 23, line 22: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 32 and 34 - 38" Page 23, line 23: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 32 and 34 - 38" Page 23, line 27: Delete "sec. 30" Insert "sec. 34" Page 23, line 29: Delete "sec. 30" Insert "sec. 34" Page 24, line 3: Delete "sec. 26" Insert "sec. 30" Page 24, line 6: Delete "sec. 27" Insert "sec. 31" Delete "sec. 28" Insert "sec. 32" Page 24, line 9: Delete "sec. 32" Insert "sec. 36" Page 24, line 12: Delete "Section 29" Insert "Section 33" Page 24, line 13: Delete "Section 36" Insert "Section 40" Page 24, line 14: Delete "Sections 1 - 28 and 30 - 34" Insert "Sections 1 - 32 and 34 - 38" REPRESENTATIVE GRUENBERG objected for the purpose of discussion. 2:45:14 PM MR. SHILLING explained that the purpose of Amendment 16 was to incorporate the concept of a limited license. This concept was originally in [SB 81], sponsored by Senators Meyer and Coghill, and which was "rolled into the crime bill, SB 64." He described the concept as very complicated, made more so by AS Title 28 - Motor Vehicles. The main reason to establish a limited license in Alaska is because those who have been convicted of felony driving under the influence (DUI) and lose their right to drive for life, still continue to drive while unlicensed and uninsured. Amendment 16 would establish a special license to "funnel these individuals into a state-supervised license." To qualify for the special license, an individual must agree to the following public safety measures: participate in a therapeutic court, which is a treatment program; have insurance; have an ignition interlock device on their vehicle; be enrolled in the Alcohol Safety Action Program (ASAP); and be on the 24/7 Sobriety Program. Mr. Shilling stressed that an individual only has one opportunity to obtain a special limited license. He recalled that the sponsors have been working on the concept of Amendment 16 for over one year. CHAIR KELLER observed the foregoing supports the creation of the Alaska Criminal Justice Commission. REPRESENTATIVE FOSTER asked about the access to limited licenses for those living in the rural areas of Alaska. 2:49:06 PM TONY PIPER, Program Manager, Alcohol Safety Action Program, Division of Behavioral Health, Department of Health and Social Services, responded that the Alcohol Safety Action Program (ASAP) has 13 offices around the state; in areas without an ASAP office, the "treatment agencies" in the area sometimes offer monitoring and reporting services. REPRESENTATIVE FOSTER expressed his support for limited licenses, as long as the state can ensure that they are available to those in rural Alaska. MR. SHILLING said he was unsure of which communities are exempted from interlock laws. 2:50:36 PM REPRESENTATIVE GRUENBERG withdrew his objection. There being no further objection, Amendment 16 was adopted. 2:51:00 PM CHAIR KELLER moved to adopt Amendment 17, labeled 28- LS0116\L.18, Gardner, 4/1/14, which read: Page 2, line 1, following "Services;": Insert "relating to the confidentiality of  certain records of criminal cases;"  Page 2, following line 2: Insert a new bill section to read:  "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT FOR SEC. 27 OF THIS ACT. It is the intent of the legislature in sec. 27 of this Act that, to the extent practicable, the Alaska Court System hold confidential records of criminal cases that were disposed of before the effective date of sec. 27 of this Act by acquittal of all charges, by dismissal of all charges, or by acquittal of some charges and dismissal of the remaining charges, to the same extent that records are held confidential under AS 22.35.030, enacted by sec. 27 of this Act."  Page 2, line 3: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 13, following line 31: Insert a new bill section to read:  "* Sec. 27. AS 22.35 is amended by adding a new section to read: Sec. 22.35.030. Records concerning criminal cases  resulting in acquittal or dismissal confidential. (a) A court record of a criminal case is confidential if 120 days have elapsed from the date of acquittal or dismissal and (1) the defendant was acquitted of all charges filed in the case; (2) all criminal charges against the defendant in the case have been dismissed by the prosecuting authority; or (3) the defendant was acquitted of some of the criminal charges in the case and the remaining charges were dismissed. (b) Notwithstanding (a) of this section, the following persons may have access to records made confidential under this section: (1) employees of the Department of Health and Social Services who are responsible for the health, safety, welfare, or placement of a child, a person with a physical or intellectual disability, or a person with a mental illness; (2) the public guardian under AS 13.26.370 or a guardian ad litem supervised by the office of public advocacy; (3) a person who is authorized to have access to the criminal justice information network maintained by the Department of Public Safety under AS 12.62. (c) The Department of Health and Social Services shall adopt regulations to administer (b)(1) of this section." Renumber the following bill sections accordingly. Page 23, line 3: Delete "sec. 1" Insert "sec. 2" Page 23, line 4: Delete "sec. 2" Insert "sec. 3" Delete "sec. 3" Insert "sec. 4" Page 23, line 5: Delete "sec. 4" Insert "sec. 5" Page 23, line 6: Delete "sec. 5" Insert "sec. 6" Delete "sec. 6" Insert "sec. 7" Page 23, line 7: Delete "sec. 7" Insert "sec. 8" Delete "sec. 8" Insert "sec. 9" Page 23, line 8: Delete "sec. 9" Insert "sec. 10" Delete "sec. 10" Insert "sec. 11" Page 23, line 9: Delete "sec. 11" Insert "sec. 12" Page 23, line 10: Delete "sec. 12" Insert "sec. 13" Delete "sec. 13" Insert "sec. 14" Page 23, line 11: Delete "sec. 14" Insert "sec. 15" Delete "sec. 15" Insert "sec. 16" Page 23, line 12: Delete "sec. 16" Insert "sec. 17" Delete "sec. 17" Insert "sec. 18" Page 23, line 13: Delete "sec. 18" Insert "sec. 19" Page 23, line 14: Delete "sec. 19" Insert "sec. 20" Delete "sec. 20" Insert "sec. 21" Page 23, line 15: Delete "sec. 21" Insert "sec. 22" Delete "sec. 22" Insert "sec. 23" Page 23, line 16: Delete "sec. 23" Insert "sec. 24" Page 23, line 17: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 26, 28 - 30, and 32 - 36" Page 23, line 18: Delete "sec. 24" Insert "sec. 25" Page 23, line 19: Delete "sec. 26" Insert "sec. 28" Delete "sec. 27" Insert "sec. 29" Page 23, line 20: Delete "sec. 28" Insert "sec. 30" Page 23, line 21: Delete "sec. 32" Insert "sec. 34" Page 23, line 22: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 26, 28 - 30, and 32 - 36" Page 23, line 23: Delete "secs. 1 - 28 and 30 - 34" Insert "secs. 1 - 26, 28 - 30, and 32 - 36" Page 23, following line 23: Insert a new subsection to read: "(c) AS 22.35.030, enacted by sec. 27 of this Act, applies to criminal charges concluded on or after the effective date of sec. 27 of this Act, by dismissal or by acquittal of the defendant." Page 23, line 27: Delete "sec. 30" Insert "sec. 32" Page 23, line 29: Delete "sec. 30" Insert "sec. 32" Page 24, line 3: Delete "sec. 26" Insert "sec. 28" Page 24, line 6: Delete "sec. 27" Insert "sec. 29" Delete "sec. 28" Insert "sec. 30" Page 24, line 9: Delete "sec. 32" Insert "sec. 34" Page 24, following line 11: Insert a new bill section to read: "* Sec. 39. Section 27 of this Act takes effect October 1, 2014." Renumber the following bill sections accordingly. Page 24, line 12: Delete "Section 29" Insert "Section 31" Page 24, line 13: Delete "Section 36" Insert "Section 38" Page 24, line 14: Delete "Sections 1 - 28 and 30 - 34" Insert "Sections 1 - 26, 28 - 30, and 32 - 36" REPRESENTATIVE GRUENBERG objected for the purpose of discussion. MR. PRAX said the language in Amendment 17 was derived from SB 108 which is sponsored by Senator Dyson and is currently in the House Judiciary Standing Committee. The amendment relates to the confidentiality of records in criminal cases. 2:52:02 PM SENATOR FRED DYSON, Alaska State Legislature, expressed his belief that the adoption of Amendment 17 is supported by Senator Coghill. He informed the committee the substance of Amendment 17 was thoroughly vetted in the Senate [during the hearing of SB 108], and noted there has been consistent support in both houses of the legislature for rights held in the Second Amendment to the U.S. Constitution. Amendment 17 addresses Amendments 4 and 5 to the U.S. Constitution, which are included in the Bill of Rights: privacy and due process. He explained that Alaska has had - for the last 10 years - the most extensive record of court proceedings of any state through [the statewide index of trial court cases filed with the Alaska Court System] CourtView. However, there is no mechanism for arrest records "to disappear off the list" thus the records of misdemeanor arrests that have been dismissed are kept "forever without this bill." He estimated that last year there were about 7,000 felony arrests of which about 1,900 were dismissed and never went to trial, but the records are maintained, along with those of defendants who go through the trial process and who are acquitted. Senator Dyson said the result is that people who are arrested but who are not charged, have had their cases dismissed, or who are acquitted, must explain to employers, lenders, and others why they have a record. Furthermore, he pointed out that interested parties may not sufficiently research a case to find a dismissal or an acquittal. The purpose of the amendment is for those who fully participated in the adjudication process, and have had all charges dismissed, after 120 days the record will be removed from CourtView. The records will still be available from the National Crime Information Center and from the Alaska Public Safety Information Network; in fact, there are special provisions in the legislation to provide training on access to the records for those researching adoptive and foster parents and guardians. Senator Dyson described some of the problems caused by a record remaining after a case was dismissed. He opined that the number of cases filed against defendants found guilty will be far less than the total arrests. He estimated that over a 10-year history of recordkeeping through CourtView, there may be 60,000-70,000 residents who were never charged or whose cases were adjudicated. 2:57:24 PM CHAIR KELLER clarified that the "trigger" is acquittal or dismissal, and a [waiting] time period of 120 days. SENATOR DYSON said yes. 2:57:34 PM CHUCK KOPP, Staff, Senator Fred Dyson, Alaska State Legislature, added that to have the arrest record removed a person must be acquitted and/or dismissed of all charges, so if a defendant is arrested on more than one charge, and pleads to the lesser charge, all of the charges remain on CourtView. He said, "So it only would go away if you were dismissed of all charges or all charges against you, you were acquitted of." REPRESENTATIVE LEDOUX called attention to legislative intent, which appears to make the bill retroactive. She remarked: And [it] also looks like that, as far as the retroactivity portion of it, it could be acquittal of some charges and dismissal of the remaining charges for retroactive application, as opposed to for prospective application, it would only be dismissal of all of the charges. So that sort of confuses me. MR. KOPP answered that the legislative intent section was added because of the practical considerations of undoing the damage of CourtView. To the extent this is practical, the court system would treat the proposed legislation as going back for those who are acquitted of all charges, dismissed of all charges or by acquittal of some charges and dismissal of the remaining charges, to the same extent that records are held confidential. Inclusion of this language would "help [the court system] do that to the portion of this process that most affects people, which is CourtView, and then go forward with both the hard copy and the electronic without a huge fiscal note ... going back for decades of hard file copies. REPRESENTATIVE FOSTER expressed his support of Amendment 17. REPRESENTATIVE GRUENBERG also expressed support, but pointed out that in the amendment a dismissal is only allowed if made by the prosecuting attorney; however, a dismissal could be made by the court. MR. KOPP recognized that the court also dismisses cases and said the omission had previously been brought to the sponsor's attention. In further response to Representative Gruenberg, he said the sponsor is comfortable with correcting the omission. 3:02:24 PM SENATOR DYSON cautioned that there have been objections to including dismissal by the court because of an apprehension of arbitrary court decisions, and "a predisposition on the Department of Law to keep control within their kingdom." REPRESENTATIVE GRUENBERG said his first concern was to who can dismiss cases, and his second concern was to why cases can be dismissed. In fact, cases can be dismissed on their merits or for various administrative reasons, such as a lack of a speedy trial. He asked whether "the why of the dismissal" should be part of the reason the records are not retained. Of his third concern, he posed that a request for records could come for the purpose of their use at trial to impeach a witness, and he asked if the sponsor wants to allow the court to enter an appropriate order to retain the records. SENATOR DYSON restated that the records are only taken off CourtView and officers of the court and police would still have access to other sources. The Alaska Court System has changed its court rules for civil cases. REPRESENTATIVE LEDOUX observed that the amendment says, "A court record of a criminal case is confidential." However, not having records on CourtView does not mean they are confidential. She read from Amendment 17 on page 2, lines 9-10, which read: (b) Notwithstanding (a) of this section, the following persons may have access to records made confidential under this section: REPRESENTATIVE LEDOUX continued, saying the language clearly delineates the people who have access to records. 3:07:31 PM NANCY MEADE, General Counsel, Administrative Staff, Alaska Court System, in response to Representative LeDoux, confirmed that the proposed statute would make the aforementioned court records confidential in their paper format and on CourtView. The Alaska Court System's definition of confidential is that those records would be accessible only to the parties of a case and not by other attorneys, thus the specific exceptions to who can access the records is included in the proposed legislation. REPRESENTATIVE LEDOUX stressed that the foregoing testimony has been that "somebody could actually go down there and look at the records, but that doesn't sound like that is necessarily the case." MS. MEADE expressed her understanding that these cases would be confidential just like a Child in Need of Aid (CINA) case, and access to those records is restricted to the parties, the attorneys, and someone with a written order from the court or court staff. She restated that the records would not be on CourtView and would only be accessible in paper form to those who are authorized. REPRESENTATIVE GRUENBERG observed that there are still questions about the amendment to be posed; for example, the best evidence rule has not been discussed. Generally, parties to a legal case seek a document in the best condition possible. 3:10:10 PM The committee took a brief at-ease. 3:10:35 PM REPRESENTATIVE LEDOUX said she felt uncomfortable with Amendment 17 as drafted. MS. MEADE clarified that confidential records are accessible for the use of law enforcement. 3:12:01 PM REPRESENTATIVE GRUENBERG removed his objection. There being no further objection, Amendment 17 was adopted. 3:12:13 PM CHAIR KELLER [moved to adopt] Conceptual Amendment 18. REPRESENTATIVE GRUENBERG objected for the purpose of discussion. 3:12:28 PM The committee took a brief at-ease. 3:12:34 PM CHAIR KELLER rescinded his motion to adopt Conceptual Amendment 18, and then moved to adopt Amendment 18, labeled 28-0116\L.29, Gardner, 4/4/14 which read: Page 23, following line 23: Insert a new bill section to read: "* Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to read: SPECIAL REPORT OF ALASKA CRIMINAL JUSTICE COMMISSION. The Alaska Criminal Justice Commission shall submit to the governor and the legislature a special report, not later than July 1, 2016, regarding alcohol-related offenses in AS 28. The report must include recommendations on (1) whether a revision of the alcohol- related offenses in AS 28 is necessary; (2) maintaining both the administrative and court license revocation processes; (3) the effectiveness of ignition interlock devices in reducing the offenses of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to submit to a chemical test, and reducing recidivism; (4) whether the punishment, fines, and associated driver's license revocation periods for the offenses of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance and refusal to submit to a chemical test should be decreased or increased; (5) the effectiveness of programs that promote offender accountability, emphasize swift and certain, yet measured, punishment, reduce recidivism, and maximize the offender's ability to remain productive in society; (6) whether limited licenses should be available for persons charged with or convicted of the offenses of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or refusal to submit to a chemical test, while providing for public safety." Renumber the following bill sections accordingly. Page 24, line 13: Delete "Section 36" Insert "Section 37" REPRESENTATIVE GRUENBERG objected for the purpose of discussion. 3:13:50 PM MR. PRAX explained that Amendment 18 was the result of collaboration between Senator Coghill's staff, the Department of Law, the court system, other interested parties, and himself. He advised that Alaska's DUI laws are complex regarding licensed drivers who have received a misdemeanor or felony DUI conviction. He said the aforementioned collaborators concluded that AS 28 "needs to be ... simplified" for the benefit of drivers and other interested parties. Mr. Prax said the purpose of Amendment 18 was to add a special report from the Alaska Criminal Justice Commission to the legislature and the governor, which is to be received no later than 7/1/16. The commission is charged to review AS 28 and issue its report making recommendations on the following: · whether a revision of alcohol-related offenses in AS 28 is necessary; · maintaining both the administrative and court license revocation processes; · the effectiveness of ignition interlock devices in reducing the offenses of driving while under the influence of alcohol and in reducing recidivism; · whether the punishment, fines, and associated driver's license revocation periods for DUI offenses should be increased or decreased; · the effectiveness of programs that promote offender accountability, emphasize swift and certain punishment and maximize the offender's ability to remain productive in society; · whether limited licenses should be available for persons convicted of DUI offenses. MR. PRAX provided a short description of each task. 3:22:50 PM MR. SHILLING said the amendment is commendable and agreed that AS 28 is extremely difficult to interpret. CHAIR KELLER cautioned about the amount of resources needed to complete the purpose of the amendment, and expressed his support. REPRESENTATIVE GRUENBERG surmised that releasing an offender on the street with "nothing and no way to get anywhere" invites another offense. CHAIR KELLER directed the committee's attention to a response from the Department of Corrections found in the committee packet related to the resources that are available to an inmate. 3:25:06 PM REPRESENTATIVE GRUENBERG removed his objection. There being no further objection, Amendment 18 was adopted. 3:25:17 PM [CSSB 64(FIN) was held over.]