SB 34-PROBATION; PAROLE; SENTENCES; CREDITS  6:03:05 PM CHAIR SHOWER reconvened the Senate State Affairs Standing Committee and announced the consideration of SB 34; "An Act relating to probation; relating to a program allowing probationers to earn credits for complying with the conditions of probation; relating to early termination of probation; relating to parole; relating to a program allowing parolees to earn credits for complying with the conditions of parole; relating to early termination of parole; relating to eligibility for discretionary parole; relating to GOODE time; and providing for an effective date." He advised that the purpose of the evening meeting was to take public testimony. He asked the testifiers to limit their comments to three minutes and encouraged anyone who was unable to participate tonight could submit written testimony to: senate.state.affairs@akleg.gov. 6:04:05 PM ERIK REED, representing self, Mat-Su, stated that he had a question about Section 18 that prohibits a person from earning good time while on electronic monitoring post sentence. He shared a personal story about being hit by a drunk driver in December 2017. He and his son survived but his wife was killed. The drunk driver spent just two weeks in jail before he was released on electronic monitoring. His third-party custodian is his best friend. Mr. Reed asked if the time this person spends on EM pretrial will be credited against his ultimate sentence. He opined that there isn't a lot of help for the victims, but a lot of time and money is spent rejuvenating criminals. He stated support for eliminating any credit for time served on electronic monitoring pretrial. CHAIR SHOWER expressed sympathy for his loss. He advised that the governor's crime bills eliminate any credit for time spent while on electric monitoring pre or post trial. MR. REED asked when the bill takes effect. CHAIR SHOWER replied the effective date is July 1, 2019. 6:07:51 PM SID ATWOOD, representing self, Anchorage, expressed sympathy to the previous testifier and agreed that victims sometimes get the short end. He shared that he is 42 years sober and currently does contract work through Partners for Progress working to help people coming out of prison get treatment and become better citizens and productive members of society. He said it was treatment that gave him a chance to have a good life. 6:09:15 PM SENATOR REINBOLD joined the committee. 6:10:28 PM MICHAEL BERGER, representing self and the people on the streets that were unable to attend, Anchorage, Alaska, said people who commit crimes absolutely deserve to be sanctioned, but the corrections goal to rehabilitate will not be achieved with continuous change. He suggested the Department of Corrections look at opportunities for reform while people are inside and when they're released, they need to be treated like the reentry groups treat them. He said probation and parole are supposed to help once somebody is released from jail but as it stands, they are not getting enough support. CHAIR SHOWER asked if he supports or opposes SB 34. MR. BERGER said he opposes SB 34 on the grounds that continuous change will not achieve the goal [of rehabilitation]. 6:12:42 PM SENATOR KAWASAKI joined the committee. 6:12:57 PM TALIA EAMES, Reentry Program Coordinator, Central Council Tlingit and Haida Indian Tribes of Alaska, Juneau, said that she is also a decorated veteran of the United States Air Force and she is testifying in opposition to SB 34. She said she has seen how caps on probation and parole violations and increased incentives have helped those returning to their community following incarceration. Eliminating the caps on technical violations will hurt those who are trying to maintain their employment, treatment, and family obligations outside of incarceration. She pointed out that these violations do not impact public safety; they are status offenses that do not include a new crime or victim. The 3, 5, and 10 day caps on technical violations ensure that swift and certain justice is served, and that people are not starting over after a mistake. She related success stories involving probation officers who worked with probationers "outside the walls." She emphasized that returning the accumulation of good time from 1:1 to 3:1 will hurt those who are in compliance and drastically reduce an incentive that is working and saving the government money. This also applies to eliminating credit for time served on electronic monitoring. She pointed out that past bail schedules have proven to be discriminatory to the economically disadvantaged. Furthermore, current law that allows credit while on electronic monitoring has allowed many who would otherwise remain in a cell to hold jobs and have a chance to be productive citizens. She said that eliminating that incentive will not help in rehabilitation. MS. EAMES opined that the reduction in recidivism that we're beginning to see in Alaska is due in part to the policies that SB 34 would overturn. Please keep this in mind as the bill moves through the legislature, she said. 6:16:13 PM LYNDA WATTS, representing self, Juneau, stated that she is a person with disability who is in long-term recovery. What has helped her stay out of jail is the Juneau Reentry Coalition and JAMHI [Juneau Alliance for Mental Health Inc]. She talked about her childhood trauma, multiple arrests and incarceration and the difficulty she has had finding housing. She urged the committee to keep some parts of Senate Bill 91 because it has helped a lot of people get on the right track. Treatment is the cure for people whereas locking them up exposes them to new opportunities for criminal behavior. 6:20:36 PM ARIEL WALKER representing self, Anchorage, said she has been in recovery for three years. She credited Senate Bill 91 for her release from prison to a long-term inpatient treatment program and reported that she has since graduated and has been living a successful life since. She said Senate Bill 91 gave her hope and hearing about reducing the earned credits from a month violation free for a month of credit to 3 days violation free for 1 day of credit was discouraging. "I treat my recovery as if it is day 1," she said. 6:23:00 PM CLINTON CERDA representing self, Palmer, Alaska said he was speaking in favor of Senate Bill 91. He shared that he is a felon who received his third DUI in 2009. Under the current law he could possibly get a limited license this year because he has voluntarily participated in a treatment program and has been violation-free for going on 10 years. This might not be possible if new legislation passes. He talked about missed opportunities and the challenges associated with living where there are few public transportation options. He related that he has been doing very well and is ready to get his life back on track. 6:24:27 PM SENATOR MICCICHE advised that none of the five crime bills talk about repealing the limited license for those who have a long- term record of violation-free sobriety. He asked Mr. Cerda if he supported or opposed the bill based on that information. MR. CERDA asked if there was a specific page and line in the bill that makes that clarification. SENATOR MICCICHE replied the bill does not address that issue but he could send an email to: senate.state.affairs@akleg.gov and the chair would send material that may be helpful. 6:25:53 PM LEE BREWING, representing self, Anchorage, said he is the chair of the Advisory Committee on Alcoholism and Drug Abuse and he identifies as a person living in long-term recovery. He became addicted to heroin in high school, but treatment worked. He said he supported the criminal justice reform bills like Senate Bill 91 and he believes that many factors should be considered before that law is fully repealed. He highlighted crime rates that have been rising since 2011, the economic recession that has contributed to crime rates, and the opioid epidemic in the state. He said he's done everything within his power to rectify his past mistakes. He is a convicted felon who believes in treatment and that recovery is possible, he is a substance abuse counselor, and he has graduated college with a degree in applied science and human services. He said he found some things worked better than others, but incarceration did not help. It was traumatizing, humiliating, and disconnected him from society. He said one line from a TED talk titled "Everything You Know About Addiction is Wrong" sticks in his mind. The author said that "the opposite of addiction is connection." Mr. Brewing concluded his comments opining that, "The more we are connected as a community, the stronger we are in the fight against crime and the fight against addiction." 6:28:26 PM CHAIR SHOWER said it's encouraging to hear from people who have found a good path forward to turn their life around and stay clean. 6:29:06 PM SENATOR MICCICHE suggested that anything the committee could do to get a matrix of the crime bills in the public's hands the better because there is confusion about what is in each bill and what sections of law are and are not repealed. CHAIR SHOWER added that many people don't understand that some parts of Senate Bill 91 have been retained or modified. He encouraged the use of social media to get the word out. 6:30:32 PM SENATOR KAWASAKI commented that some people believe that the use of the phrase "repeal and replace" indicates that the entire Senate Bill 91 is being repealed, which is not the case. For example, the limited driver's license that has a ten-year lookback is an important provision that was added to Senate Bill 91 and that is retained. About 40-50 other provisions in Senate Bill 91 are not repealed under the governor's crime legislation. He stressed the importance of getting information out to the public. CHAIR SHOWER said it's important that people understand that this is an evolving process and it's important to be flexible and continue to update and change the criminal justice system to make it work going forward. 6:32:34 PM LYNNETTE CLARK representing self, Fox, said she generally likes the direction the bill is headed but she opposes allowing any credit for time served while on electronic monitoring. She summarized testimony she heard on a different bill about a victim crossing paths with the offender in the community while he was released on electronic monitoring. She questioned who is really in jail under those circumstances. She voiced support for stronger sentences and agreed with Senator Micciche about privatizing electronic monitoring 6:34:44 PM JOE SCHLANGER, representing self, Anchorage, Alaska testified in support of SB 34. He referenced Section 17 and said he'd like to see a longer sentence for that crime. He said he agrees that offenders need help, but the victims should also be given consideration. He opined that Senate Bill 91 created more victims and gave an example. 6:36:10 PM ANNE DOERPINGHAUS, representing self, Fairbanks, said she believes that time spent in a correctional system should be meaningful and treatment-focused to bring about change. She opined that people need consequences when they commit a crime but privatizing prisons and sending offenders out-of-state and away from their families is not in the best interest of changing behavior. Most people are released from prison one day so it's important to provide incentivizes and promote changes that make everyone safe. She said she was dismayed to hear talk about privatization and closing facilities in Alaska. Contact with a support network on the outside is hugely important to prisoners. It can be done remotely to a certain extent, but it is much less effective, she said. CHAIR SHOWER asked if she supports or opposes SB 34 in its current form. MS. DOERPINGHAUS said her comments are in opposition to privatization and sending prisoners out-of-state. 6:39:08 PM SENATOR MICCICHE clarified that SB 34 does not talk about prison privatization. The discussion about privatization in the context of SB 34 relates to electronic monitoring. MS. DOERPINGHAUS said thanks for the clarification and reiterated that the people in prison need consequences and treatment. SENATOR MICCICHE directed attention to the documents page on BASIS for SB 34 that includes a spreadsheet that clarifies what is in each of the crime bills. He said he finds the bill to be rather balanced and he believes she will too. CHAIR SHOWER reiterated that written testimony can be submitted to senate.state.affairs@akleg.gov. It will be put in the record and distributed to the members. 6:42:54 PM MARTY KINCAID, representing self, Palmer, stated that the Alaska Criminal Justice Commission Annual Report is a must read. She described it as an invaluable resource for evidence-based reforms and recommendations and opined that all legislation should be substantiated with data from this resource. She noted that the fiscal note analysis indicates that SB 34 will, among other things, increase incarcerations and remove incentives for good behavior. She commented that the general theme in the governor's crime bills is to respond to increased crime by more incarcerations. She noted that on page 10 the report says that incarceration rates have not affected crime rates since the 1990s and that there is diminishing return with increased incarceration rates. The summary further states that more people are successfully completing probation and parole and that low- risk offenders are more likely to follow the rules and earn compliance credits to complete probation or parole earlier, allowing officers to focus on higher risk individuals. She said it seems that SB 34 will combine low and high risk individuals. She noted that a recent article in the Anchorage Daily News said the deputy chief attributed the decline in vehicle thefts after a three-year rise to the recent hiring of additional officers and detectives. She opined that the approach to all crime bills should be fully funded police departments to enforce the laws and a fully funded court system to process the law. She cited the Alaska Senate Majority 2019 web poll results about support or opposition for a large PFD if it means less money for roads, schools, and troopers; 48 percent strongly opposed, and 14 percent were somewhat opposed. She said above all there should be a path available for correction, rehabilitation, and restoration of individuals as healthy members of society. Increases in incarceration and sentencing is not substantiated by the facts to lower crime rates and it is financially unsustainable. The commission recommends using a problem-solving rather than punitive approach, she said. SENATOR MICCICHE expressed surprise at how few testifiers called in. CHAIR SHOWER advised that the Senate Bill 91 comparison spreadsheet would be uploaded on BASIS with the documents for this meeting. CHAIR SHOWER closed public testimony and held SB 34 in committee.