2020-01-27                     House Journal                      Page 1481
HB 227                                                                                                                        
HOUSE BILL NO. 227 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "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."                                                                         
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Law                                                                                                          
3.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 24 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill establishing an aggravator at                                                            
sentencing for defendants who are contractors, volunteers, or                                                                   
employees of the Department of Corrections and bring contraband into                                                            
a prison facility during the course of their employment.                                                                        
                                                                                                                                
Contractors, volunteers, and employees of the Department of                                                                     
Corrections are able to obtain security clearances, which assist them in                                                        
the performance of their duties. These clearances require a certain                                                             
level of trust. When a contractor, volunteer, or employee of the                                                                
department violates that trust by using their clearance to bring                                                                
contraband into our prisons an enhanced penalty should apply.                                                                   
                                                                                                                                

2020-01-27                     House Journal                      Page 1482
The bill will establish an aggravator at sentencing which the court may                                                         
apply when a defendant is convicted of promoting contraband and the                                                             
offense occurred in the course of the person's contractual, volunteer, or                                                       
employment duties. The aggravator, if proven, would allow the court                                                             
to sentence the person above the presumptive sentencing range for                                                               
promoting contraband, up to the maximum term.                                                                                   
                                                                                                                                
Contraband in our prisons seriously undermines the safety and security                                                          
of correctional facilities. Those who are held in a position of trust                                                           
know the rules and should be held to a higher standard.                                                                         
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"