Legislature(2019 - 2020)
2019-05-13 Senate Journal
Full Journal pdf2019-05-13 Senate Journal Page 1133 HB 49 Senator von Imhof, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered today. Senator Begich objected, then withdrew his objection. There being no further objection, SENATE CS FOR CS FOR HOUSE BILL NO. 49(FIN) "An Act relating to criminal law and procedure; relating to marriage as a defense to certain crimes of sexual assault; establishing the crime of possession of motor vehicle theft tools; relating to controlled substances; relating to electronic monitoring; relating to probation and parole; relating to sentencing; amending the definitions of 'most serious felony,' 'sex offense,' and 'sex offender'; relating to registration of sex offenders; relating to the automated victim notification system; relating to reporting child abuse or neglect; relating to Alaska Native organizations; relating to the village public safety officer program; relating to cancellation of a driver's license; relating to driving while license canceled; relating to operating under the influence; relating to restoration of a driver's license; relating to refusal to submit to a chemical test; relating to the use of headlights; relating to the powers and duties of the commissioner of corrections; relating to pretrial services; relating to the duties of a prosecuting attorney; relating to testing of sexual assault examination kits; relating to reports of involuntary commitment; amending Rules 6(r)(6), 38.2, and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date" was adopted. Senator Hughes offered Amendment No. 1 : Page 67, line 5, following "vehicle": Insert "on a road that is not a designated traffic safety corridor under AS 19.10.075" Senator Hughes moved for the adoption of Amendment No. 1. Senator Costello objected, then withdrew her objection. There being no further objection, Amendment No. 1 was adopted. Senator Kiehl offered Amendment No. 2 : Page 79, following line 19: Insert a new bill section to read: 2019-05-13 Senate Journal Page 1134 "* Sec. 127. AS 33.30.011(a) is amended to read: (a) The commissioner shall (1) establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; each correctional facility operated by the state shall be established, maintained, operated, and controlled in a manner that is consistent with AS 33.30.015; (2) classify prisoners; (3) for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to (A) protect the public and the victims of crimes committed by prisoners; (B) maintain health; (C) create or improve occupational skills; (D) enhance educational qualifications; (E) support court-ordered restitution; and (F) otherwise provide for the rehabilitation and reformation of prisoners, facilitating their reintegration into society; (4) provide necessary (A) medical services for prisoners in correctional facilities or who are committed by a court to the custody of the commissioner, including examinations for communicable and infectious diseases; (B) psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (i) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (ii) the potential for harm to the prisoner by reason of delay or denial of care is substantial; and (C) assessment or screening of the risks and needs of offenders who may be vulnerable to harm, exploitation, or recidivism as a result of fetal alcohol syndrome, fetal alcohol spectrum disorder, or another brain-based disorder; (5) establish minimum standards for sex offender treatment programs offered to persons who are committed to the 2019-05-13 Senate Journal Page 1135 custody of the commissioner; (6) provide for fingerprinting in correctional facilities in accordance with AS 12.80.060; (7) establish a program to conduct assessments of the risks and needs of offenders sentenced to serve a term of incarceration of 90 [30] days or more [AND PROVIDE TO THE LEGISLATURE, BY ELECTRONIC MEANS, BY JANUARY 15, 2017, AND THEREAFTER BY JANUARY 15, PRECEDING THE FIRST REGULAR SESSION OF EACH LEGISLATURE, A REPORT SUMMARIZING THE FINDINGS AND RESULTS OF THE PROGRAM]; the program must include a requirement for an assessment before a prisoner's release on parole, furlough, or electronic monitoring from a correctional facility; (8) establish a procedure that provides for each prisoner required to serve an active term of imprisonment of 90 [30] days or more a written case plan that (A) takes effect and is provided to the prisoner within 90 days after sentencing; (B) is based on the results of the assessment of the prisoner's risks and needs under (7) of this subsection; (C) includes a requirement to follow the rules of the institution; (D) is modified when necessary for changes in classification, housing status, medical or mental health, and resource availability; (E) includes participation in programming that addresses the needs identified in the assessment; (9) establish a program to begin reentry planning with each prisoner serving an active term of imprisonment of 90 days or more; reentry planning must begin at least 90 days before release on furlough or probation or parole; the reentry program must include (A) a written reentry plan for each prisoner completed upon release on furlough or probation or parole that includes information on the prisoner's proposed (i) residence; (ii) employment or alternative means of support; (iii) treatment options; (iv) counseling services; (v) education or job training services; 2019-05-13 Senate Journal Page 1136 (B) any other requirements for successful transition back to the community, including electronic monitoring or furlough for the period between a scheduled parole hearing and parole eligibility; (C) coordination with the Department of Labor and Workforce Development to provide access, after release, to job training and employment assistance; and (D) coordination with community reentry coalitions or other providers of reentry services if available; (10) for offenders under electronic monitoring, establish (A) minimum standards for electronic monitoring, which may include the requirement of active, real-time monitoring using global positioning systems; and (B) procedures for oversight and approving electronic monitoring programs and systems provided by private contractors; [AND] (11) assist a prisoner in obtaining a valid state identification card if the prisoner does not have a valid state identification card before the prisoner's release; the department shall pay the application fee for the identification card; and (12) provide to the legislature, by electronic means, by January 10 preceding the first regular session of each legislature, a report summarizing the findings and results of the program established under (7) of this subsection; the report must include (A) the number of prisoners who were provided with written case plans under (8) of this subsection; (B) the number of written case plans under (8) of this subsection initiated within the preceding year; and (C) the number of written case plans under (8) of this subsection that were updated in the preceding year." Renumber the following bill sections accordingly. Page 89, following line 17: Insert a new bill section to read: "* Sec. 148. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT TO LEGISLATURE; COMMISSIONER OF 2019-05-13 Senate Journal Page 1137 CORRECTIONS. On or before January 10, 2020, the commissioner of corrections shall provide a report to the legislature as described under AS 33.30.011(a)(12), enacted by sec. 127 of this Act. The commissioner shall submit the report to the senate secretary and chief clerk of the house of representatives and notify the legislature that the report is available." Renumber the following bill sections accordingly. Page 93, line 4: Delete "." Insert ";" Page 93, following line 4: Insert a new paragraph to read: "(21) AS 33.30.011(a), as amended by sec. 127 of this Act." Page 95, line 5: Delete "secs. 130 and 131" Insert "secs. 131 and 132" Page 95, line 23: Delete "Sections 141 - 144" Insert "Sections 142 - 145" Page 95, lines 23 - 24: Delete "secs. 141 - 144" Insert "secs. 142 - 145" Page 95, line 26: Delete "Sections 132 - 135" Insert "Sections 133 - 136" Page 95, line 27: Delete "Sections 129 - 131" Insert "Sections 130 - 132" Page 95, line 28: Delete "Section 137" Insert "Section 138" 2019-05-13 Senate Journal Page 1138 Page 95, line 29: Delete "146, 148, and 151" Insert "147, 150, and 153" Page 95, line 31: Delete "secs. 154 - 157" Insert "secs. 156 - 159" Senator Kiehl moved for the adoption of Amendment No. 2. Senator Micciche objected, then withdrew his objection. There being no further objection, Amendment No. 2 was adopted. Senator von Imhof offered Amendment No. 3 : Page 41, lines 18 - 31: Delete all material. Page 42, lines 1 - 11: Delete all material. Renumber the following bill sections accordingly. Senator von Imhof moved for the adoption of Amendment No. 3. Senator Begich objected, then withdrew his objection. Senator Hughes objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 49(FIN) am S Second Reading Amendment No. 3? YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Begich, Birch, Bishop, Coghill, Giessel, Gray-Jackson, Kawasaki, Kiehl, Micciche, Olson, Stedman, Stevens, von Imhof, Wielechowski Nays: Costello, Hughes, Reinbold, Shower, Wilson Absent: Hoffman and so, Amendment No. 3 was adopted. 2019-05-13 Senate Journal Page 1139 Senator Begich offered Amendment No. 4 : Page 1, line 1, following "procedure": Insert "relating to sexual assault by a peace officer against a person who is a perpetrator of a crime;" Page 2, line 23: Delete "sec. 77" Insert "sec. 78" Page 2, line 24: Delete "sec. 81" Insert "sec. 82" Page 2, line 27: Delete "sec. 77" Insert "sec. 78" Page 3, line 3: Delete "sec. 77" Insert "sec. 78" Page 3, line 16: Delete "sec. 89" Insert "sec. 90" Page 3, line 21: Delete "sec. 89" Insert "sec. 90" Page 3, line 25: Delete "sec. 89" Insert "sec. 90" Page 6, lines 25 - 29: Delete all material and insert: "(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody 2019-05-13 Senate Journal Page 1140 of the offender, [OR] is committed to the custody of a law enforcement agency, or is the perpetrator of a crime under investigation by the offender;" Page 7, following line 6: Insert a new bill section to read: "* Sec. 6. AS 11.41.427(a) is amended to read: (a) An offender commits the crime of sexual assault in the fourth degree if (1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; (2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person; (3) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, [OR] is committed to the custody of a law enforcement agency, or is the perpetrator of a crime under investigation by the offender; (4) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is on probation or parole; or (5) while employed as a juvenile probation officer or as a juvenile facility staff, the offender engages in sexual contact with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Health and Social Services." Renumber the following bill sections accordingly. 2019-05-13 Senate Journal Page 1141 Page 7, line 17: Delete "and" Page 7, line 19, following "charged": Insert "; (3) AS 11.41.425(a)(4) or 11.41.427(a)(3) that the offender and the person who is a perpetrator of a crime under investigation by the offender had, before the person was a perpetrator of a crime under investigation by the offender, a dating or sexual relationship, and the relationship continued until the date the person became the perpetrator of a crime under investigation by the offender" Page 90, following line 14: Insert a new paragraph to read: "(5) AS 11.41.427(a), as amended by sec. 6 of this Act;" Renumber the following paragraphs accordingly. Page 90, line 15: Delete "sec. 6" Insert "sec. 7" Page 90, line 16: Delete "sec. 7" Insert "sec. 8" Page 90, line 17: Delete "sec. 8" Insert "sec. 9" Page 90, line 18: Delete "sec. 9" Insert "sec. 10" Page 90, line 19: Delete "sec. 10" Insert "sec. 11" 2019-05-13 Senate Journal Page 1142 Page 90, line 20: Delete "sec. 11" Insert "sec. 12" Page 90, line 21: Delete "sec. 12" Insert "sec. 13" Page 90, line 22: Delete "sec. 13" Insert "sec. 14" Page 90, line 23: Delete "sec. 14" Insert "sec. 15" Page 90, line 24: Delete "sec. 15" Insert "sec. 16" Page 90, line 25: Delete "sec. 16" Insert "sec. 17" Page 90, line 26: Delete "sec. 17" Insert "sec. 18" Page 90, line 27: Delete "sec. 18" Insert "sec. 19" Page 90, line 28: Delete "sec. 19" Insert "sec. 20" Page 90, line 29: Delete "sec. 20" Insert "sec. 21" 2019-05-13 Senate Journal Page 1143 Page 90, line 30: Delete "sec. 21" Insert "sec. 22" Page 90, line 31: Delete "sec. 22 " Insert "sec. 23" Page 91, line 1: Delete "sec. 23" Insert "sec. 24" Page 91, line 2: Delete "sec. 24" Insert "sec. 25" Page 91, line 3: Delete "sec. 25" Insert "sec. 26" Page 91, line 4: Delete "sec. 26" Insert "sec. 27" Page 91, line 5: Delete "sec. 27" Insert "sec. 28" Page 91, line 6: Delete "sec. 28" Insert "sec. 29" Page 91, line 7: Delete "sec. 29" Insert "sec. 30" Page 91, line 8: Delete "sec. 30" Insert "sec. 31" 2019-05-13 Senate Journal Page 1144 Page 91, line 9: Delete "sec. 31" Insert "sec. 32" Page 91, line 10: Delete "sec. 32" Insert "sec. 33" Page 91, line 11: Delete "sec. 33" Insert "sec. 34" Page 91, line 12: Delete "sec. 34" Insert "sec. 35" Page 91, line 13: Delete "sec. 35" Insert "sec. 36" Page 91, line 14: Delete "sec. 36" Insert "sec. 37" Page 91, line 15: Delete "sec. 37" Insert "sec. 38" Page 91, line 16: Delete "sec. 38" Insert "sec. 39" Page 91, line 17: Delete "sec. 39" Insert "sec. 40" Page 91, line 18: Delete "sec. 40" Insert "sec. 41" 2019-05-13 Senate Journal Page 1145 Page 91, line 19: Delete "sec. 41" Insert "sec. 42" Page 91, line 20: Delete "sec. 42" Insert "sec. 43" Page 91, line 21: Delete "sec. 43" Insert "sec. 44" Page 91, line 22: Delete "sec. 44" Insert "sec. 45" Page 91, line 23: Delete "sec. 45" Insert "sec. 46" Page 91, line 24: Delete "sec. 46" Insert "sec. 47" Page 91, line 25: Delete "sec. 47" Insert "sec. 48" Page 91, line 26: Delete "sec. 48" Insert "sec. 49" Page 91, line 27: Delete "sec. 49" Insert "sec. 50" Page 91, line 28: Delete "sec. 50" Insert "sec. 51" 2019-05-13 Senate Journal Page 1146 Page 91, line 29: Delete "sec. 51" Insert "sec. 52" Page 91, line 30: Delete "sec. 52" Insert "sec. 53" Page 91, line 31: Delete "sec. 53" Insert "sec. 54" Page 92, line 1: Delete "sec. 54" Insert "sec. 55" Page 92, line 2: Delete "sec. 55" Insert "sec. 56" Page 92, line 3: Delete "sec. 56" Insert "sec. 57" Page 92, line 4: Delete "sec. 57" Insert "sec. 58" Page 92, line 5: Delete "sec. 58" Insert "sec. 59" Page 92, line 6: Delete "sec. 59" Insert "sec. 60" Page 92, line 7: Delete "sec. 60" Insert "sec. 61" 2019-05-13 Senate Journal Page 1147 Page 92, line 8: Delete "sec. 61" Insert "sec. 62" Page 92, line 9: Delete "sec. 62" Insert "sec. 63" Page 92, line 10: Delete "sec. 63" Insert "sec. 64" Page 92, line 11: Delete "sec. 90" Insert "sec. 91" Page 92, line 12: Delete "sec. 96" Insert "sec. 97" Page 92, line 13: Delete "sec. 97" Insert "sec. 98" Page 92, line 16: Delete "sec. 64" Insert "sec. 65" Page 92, line 17: Delete "sec. 67" Insert "sec. 68" Page 92, line 18: Delete "sec. 68" Insert "sec. 69" Page 92, line 19: Delete "sec. 69" Insert "sec. 70" 2019-05-13 Senate Journal Page 1148 Page 92, line 20: Delete "sec. 70" Insert "sec. 71" Page 92, line 21: Delete "sec. 71" Insert "sec. 72" Page 92, line 22: Delete "sec. 74" Insert "sec. 75" Page 92, line 23: Delete "sec. 75" Insert "sec. 76" Page 92, line 24: Delete "sec. 76" Insert "sec. 77" Page 92, line 25: Delete "sec. 77" Insert "sec. 78" Page 92, line 26: Delete "sec. 78" Insert "sec. 79" Page 92, line 27: Delete "sec. 79" Insert "sec. 80" Page 92, line 28: Delete "sec. 80" Insert "sec. 81" Page 92, line 29: Delete "sec. 81" Insert "sec. 82" 2019-05-13 Senate Journal Page 1149 Page 92, line 30: Delete "sec. 82" Insert "sec. 83" Page 92, line 31: Delete "sec. 83" Insert "sec. 84" Page 93, line 1: Delete "sec. 98" Insert "sec. 99" Page 93, line 2: Delete "sec. 100" Insert "sec. 101" Page 93, line 3: Delete "sec. 125" Insert "sec. 126" Page 93, line 4: Delete "sec. 126" Insert "sec. 127" Page 93, line 7: Delete "sec. 86" Insert "sec. 87" Page 93, line 8: Delete "sec. 87" Insert "sec. 88" Page 93, line 9: Delete "sec. 88" Insert "sec. 89" Page 93, line 10: Delete "sec. 89" Insert "sec. 90" 2019-05-13 Senate Journal Page 1150 Page 93, line 13: Delete "sec. 72" Insert "sec. 73" Page 93, line 14: Delete "sec. 73" Insert "sec. 74" Page 93, line 15: Delete "sec. 103" Insert "sec. 104" Page 93, line 16: Delete "sec. 105" Insert "sec. 106" Page 93, line 17: Delete "sec. 106" Insert "sec. 107" Page 93, line 18: Delete "sec. 107" Insert "sec. 108" Page 93, line 19: Delete "sec. 108" Insert "sec. 109" Page 93, line 22: Delete "sec. 65" Insert "sec. 66" Page 93, line 23: Delete "sec. 104" Insert "sec. 105" Page 93, line 24: Delete "sec. 105" Insert "sec. 106" 2019-05-13 Senate Journal Page 1151 Page 93, line 25: Delete "sec. 107" Insert "sec. 108" Page 93, line 28: Delete "sec. 109" Insert "sec. 110" Page 93, line 29: Delete "sec. 110" Insert "sec. 111" Page 93, line 30: Delete "sec. 111" Insert "sec. 112" Page 93, line 31: Delete "sec. 112" Insert "sec. 113" Page 94, line 1: Delete "sec. 113" Insert "sec. 114" Page 94, line 2: Delete "sec. 115" Insert "sec. 116" Page 94, line 3: Delete "sec. 116" Insert "sec. 117" Page 94, line 4: Delete "sec. 117" Insert "sec. 118" Page 94, line 5: Delete "sec. 118" Insert "sec. 119" 2019-05-13 Senate Journal Page 1152 Page 94, line 6: Delete "sec. 119" Insert "sec. 120" Page 94, line 7: Delete "sec. 120" Insert "sec. 121" Page 94, line 10: Delete "sec. 121" Insert "sec. 122" Page 94, line 11: Delete "sec. 122" Insert "sec. 123" Page 94, line 12: Delete "sec. 123" Insert "sec. 124" Page 94, line 13: Delete "sec. 124" Insert "sec. 125" Page 94, line 14: Delete "sec. 114" Insert "sec. 115" Page 94, line 15: Delete "sec. 114" Insert "sec. 115" Page 94, line 16: Delete "sec. 114" Insert "sec. 115" Page 94, line 17: Delete "sec. 99" Insert "sec. 100" 2019-05-13 Senate Journal Page 1153 Page 94, line 18: Delete "sec. 101" Insert "sec. 102" Page 94, line 21: Delete "sec. 66" Insert "sec. 67" Page 94, line 22: Delete "sec. 66" Insert "sec. 67" Page 94, line 23: Delete "sec. 66" Insert "sec. 67" Page 94, line 24: Delete "sec. 95" Insert "sec. 96" Page 94, line 25: Delete "sec. 95" Insert "sec. 96" Page 94, line 26: Delete "sec. 95" Insert "sec. 96" Page 94, line 30: Delete "sec. 108" Insert "sec. 109" Page 95, line 5: Delete "secs. 130 and 131" Insert "secs. 131 and 132" Page 95, line 10: Delete "sec. 104" Insert "sec. 105" Delete "sec. 123" Insert "sec. 124" 2019-05-13 Senate Journal Page 1154 Page 95, line 12: Delete "sec. 104" Insert "sec. 105" Page 95, line 13: Delete "sec. 123" Insert "sec. 124" Page 95, line 23: Delete "Sections 141 - 144" Insert "Sections 142 - 145" Page 95, lines 23 - 24: Delete "secs. 141 - 144" Insert "secs. 142 - 145" Page 95, line 26: Delete "Sections 132 - 135" Insert "Sections 133 - 136" Page 95, line 27: Delete "Sections 129 - 131" Insert "Sections 130 - 132" Page 95, line 28: Delete "Section 137" Insert "Section 138" Page 95, line 29: Delete "Sections 102, 146, 148, and 151" Insert "Sections 103, 147, 149, and 152" Page 95, line 31: Delete "secs. 154 - 157" Insert "secs. 155 - 158" Senator Begich moved for the adoption of Amendment No. 4. Objections were heard. Senator Begich moved and asked unanimous consent to withdraw Amendment No. 4. Without objection, Amendment No. 4 was withdrawn. 2019-05-13 Senate Journal Page 1155 Senator von Imhof offered Amendment No. 5 : Page 89, line 10: Delete "AS 12.55.027(g)," Senator von Imhof moved for the adoption of Amendment No. 5. Senator Costello objected, then withdrew her objection. There being no further objection, Amendment No. 5 was adopted.