SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE  3:56:19 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 noted the committee last heard the bill about a month ago. The intent today is to review and refresh the members' understanding of the bill. He reminded everybody that this committee is looking at the bill from the state affairs policy perspective and the judiciary perspective. He described SB 32 as foundational to the suite of the Governor's crime bills. 3:57:35 PM ROBERT HENDERSON, Deputy Attorney General, Criminal Division, reviewed the drug classifications under SB 32. He explained that SB 32 returns all drug laws to what they were pre-2016. The primary effect is that possession of Schedule IA and Schedule IIA controlled substances return to a class C felony offense. For someone with no criminal history the presumptive term for that offense is 0-2 years. SB 32 also resets the stage on drug distribution to the pre-2016 law. Trafficking or distributing any amount of a Schedule IA controlled substances (heroin, fentanyl, Carfentanil) is a class A felony. Trafficking a Schedule IIA or Schedule IIIA controlled substance (methamphetamine, cocaine) is a class B felony. The amount that is trafficked is one factor in determining the seriousness of the offense and location is another factor for the court to consider. For example, trafficking heroin in Kotzebue is different than trafficking heroin in Anchorage because it has a different impact in each community. The court also considers the commercial value of the drug and the manner in which the drug is trafficked. This includes such things as whether the trafficker possesses a firearm or is using other individuals in the scheme. All these factors are considered when the court is identifying the appropriate sanction for the conduct. Finally, he said that SB 32 returns the manufacture of methamphetamine to a class A felony. 4:02:45 PM SENATOR KAWASAKI asked him to clarify what he said about the location of the trafficking (such as Kotzebue versus Anchorage) being a factor that the court would consider. MR. HENDERSON said he used Kotzebue and Anchorage as an example because supply and demand dictates that the street value of the same quantities of a substance like heroin is much different in a small rural community than a large urban community. That's important because the increased value of the drug also increases the danger associated with trafficking that drug. That someone brought a dangerous drug into a small community is one factor the court should be able to consider when determining an appropriate sentence for that trafficking offense. SENATOR KAWASAKI asked if that might raise equal protection issues. MR. HENDERSON answered no. He explained that the bill returns trafficking of heroin to a class A felony offense and the presumptive term of imprisonment is 5-8 years. The court can also find that the offense should be aggravated or mitigated depending on the amount the person was trafficking. He said it's those aggravators and mitigators that allow the court to depart from that presumptive range. Pre-2016 there was robust case law that talked about how the court should look at the amount trafficked throughout Alaska as an aggravator or mitigator. For these reasons this provision in SB 32 would not raise an equal protection concern, he said. SENATOR KAWASAKI asked if he was finished reviewing the classifications. MR. HENDERSON answered the he was finished with the drug overview, but there were other classifications he could discuss. SENATOR KAWASAKI said he had several questions about raising the classifications. He first asked if increasing possession of any amount of a schedule IA drug such as heroin to a class C felony would include automatic jail time. MR. HENDERSON answered by first reviewing the existing law. He then explained that under SB 32 the presumptive range for conviction of a class C felony is 0-2 years jail time so the judge has the discretion to impose no jail time or up to 2 years. He said the court needs to have the ability to impose certain jail time if the judge wants to order a person to residential treatment. He also explained that the suspended entry of judgement would be available under SB 32. This tool allows the prosecution and the defense to agree that if the offender does all the things they're asked to do on probation, the case is then dismissed and the judgement is not entered. 4:09:52 PM SENATOR KAWASAKI asked if the proposed penalties for schedule VIA substances would impact the current legal cannabis and marijuana industry. MR. HENDERSON answered no; under SB 32, the criminal penalties that would attach to the possession and trafficking of marijuana are outside the regulation of the legal marijuana industry. He reminded the committee that at the previous hearing he discussed a potential amendment to clarify that point. 4:11:03 PM SENATOR MICCICHE said he has an amendment to clarify that the legal marijuana industry authorized in AS 17 is excepted from the increased penalties involving a controlled substance. He also highlighted that the suspended entry of judgement is a carrot and a stick to help someone work toward clearing their record by successfully completing a treatment program. 4:14:36 PM CHAIR SHOWER held SB 32 in committee.