Legislature(2005 - 2006)

2005-01-21 Senate Journal

Full Journal pdf

2005-01-21                     Senate Journal                      Page 0102
SB 56                                                                                             
The Judiciary Committee considered SENATE BILL NO. 56 "An Act                                       
relating to criminal law and procedure, criminal sentences, and                                     
probation and parole; and providing for an effective date" and                                      
recommended it be replaced with                                                                     
          CS FOR SENATE BILL NO. 56(JUD)                                                            
and further recommends the adoption of the following Judiciary                                      
Committee Letter of Intent.                                                                         
                               Letter of Intent                                                    
It is the intent of the legislature in passing this bill to preserve the                            
basic structure of Alaska's presumptive sentencing system, which is                                 
designed to avoid disparate sentences.  With this bill the legislature                              
sets out a sentencing framework, subject to judicial adjustment for                                 

2005-01-21                     Senate Journal                      Page 0103
statutory aggravating or mitigating factors that are determined in a                                
manner that is constitutional under the decision of the U.S. Supreme                                
Court in Blakely v. Washington.  The single, definite presumptive                                   
terms set out in current law can unduly constrain the sentencing                                    
process, particularly under the mandates of Blakely v. Washington.                                  
Although the presumptive terms are being replaced by presumptive                                    
ranges, it is not the intent of this bill in doing so to bring about an                             
overall increase in the amount of active imprisonment for felony                                    
sentences.  Rather, the bill is intended to give judges the authority to                            
impose an appropriate sentence, with an appropriate amount of                                       
probation supervision, by taking into account the considerations set                                
out in AS 12.55.005 and 12.55.015.                                                                  
Signing do pass: Senator Seekins, Chair; Senators Huggins, Therriault.                              
Signing no recommendation: Senator French.                                                          
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Corrections                                                 
 Fiscal Note No. 3, zero, Department of Corrections                                                 
 Fiscal Note No. 4, zero, Department of Public Safety                                               
 Fiscal Note No. 5, zero, Senate Judiciary Committee                                                
President Stevens removed the Finance Committee referral. The bill                                  
was referred to the Rules Committee.                                                                
The bill is on today's calendar.