05/06/2019 09:00 AM Senate FINANCE

CS FOR HOUSE BILL NO. 14(FIN)                                                                                                 
                                                                                                                                
     "An  Act  relating  to assault  in  the  first  degree;                                                                    
     relating  to  harassment;  relating  to  sex  offenses;                                                                    
     relating to  the definition of  'dangerous instrument';                                                                    
     providing for  an aggravating factor at  sentencing for                                                                    
     strangulation   that    results   in   unconsciousness;                                                                    
     relating  to the  duties of  the prosecuting  attorney;                                                                    
     and relating to victim notifications."                                                                                     
                                                                                                                                
9:02:00 AM                                                                                                                    
                                                                                                                                
Co-Chair von Imhof relayed that the committee had heard the                                                                     
Senate version of the bill (SB 14) on May 11, 2019; and SB
 was heard on May 4, 2019.                                                                                                    
                                                                                                                                
9:02:54 AM                                                                                                                    
                                                                                                                                
JULI LUCKY, STAFF, SENATOR NATASHA VON IMHOF, spoke to the                                                                      
changes in the committee substitute (CS). She discussed the                                                                     
Explanation of Changes document (copy on file):                                                                                 
     The  word  "ejaculate"  is  replaced  with  "semen"  to                                                                    
     better conform  to current statute and  legal precedent                                                                    
     and that term  is defined. [P3, Line 6 and  new ?5: P3,                                                                    
     Lines 17-19]                                                                                                               
                                                                                                                                
     The  rest  of the  changes  relate  to granting  credit                                                                    
     against a  sentence for time  spent in treatment  or on                                                                    
     electronic monitoring (EM),  which necessitates a title                                                                    
     change  and  conforming  changes to  the  applicability                                                                    
     language in section 11. [New ?6 & ?7]                                                                                      
                                                                                                                                
     Current  AS  12.55.027(g)  allows offenders  guilty  of                                                                    
     certain serious  crimes to  receive limited  credit for                                                                    
     time  spent on  Electronic Monitoring  (EM). SCS  HB 14                                                                    
     (FIN)  prohibits  credit  for EM  for  those  specified                                                                    
     crimes but  clarifies that credit  can be  granted when                                                                    
     the  defendant   is  on   EM  while   participating  in                                                                    
     residential treatment.  Sex offenders are  removed from                                                                    
     this  list and  cannot  get credit  for  time spent  in                                                                    
     treatment OR on EM. [P3, Line 21  P4, Line 4]                                                                              
                                                                                                                                
     Further  clarifies in  (j) that  judges will  determine                                                                    
   whether the sentence meets the declaration of purpose                                                                        
     criteria listed in AS  12.55.005 before granting credit                                                                    
     and in  (k) that time  cannot be "double counted"  if a                                                                    
     defendant  was on  EM while  receiving treatment.  [P4,                                                                    
     Lines 5-11].                                                                                                               
                                                                                                                                
9:05:53 AM                                                                                                                    
                                                                                                                                
Ms.  Lucky stated  that  the  language in  (j)  and (k)  was                                                                    
clarifying  language  meant  to  provide  direction  to  the                                                                    
court. She relayed  that a title change  resolution would be                                                                    
needed if the  CS were adopted by the committee,  as well as                                                                    
applicability  changes in  Section  11. She  added that  the                                                                    
adoption of the CS would change the fiscal notes.                                                                               
                                                                                                                                
9:07:24 AM                                                                                                                    
                                                                                                                                
Co-Chair von Imhof solicited comments from the committee.                                                                       
                                                                                                                                
Senator   Micciche   understood   that  the   bill   defined                                                                    
strangulation to  the point of  unconsciousness as  a crime,                                                                    
as well  as other changes.  He shared that he  supported the                                                                    
electronic monitoring language.                                                                                                 
                                                                                                                                
9:09:24 AM                                                                                                                    
Senator  Hoffman  directed  attention  to  the  most  recent                                                                    
adoption of  Section K, which specified  that the electronic                                                                    
monitoring and  treatment programs  did not  have to  be run                                                                    
simultaneously. He asked whether the  intent of the bill was                                                                    
to allow for the credits to be claimed simultaneously.                                                                          
                                                                                                                                
Ms. Lucky stated that the intent  of the section was that if                                                                    
a person  was under  electronic monitoring and  in treatment                                                                    
simultaneously,  credit could  not  be given  for both.  She                                                                    
stressed that the  issue had been debated  rigorously and it                                                                    
had  been  decided  that  if   a  person  had  a  period  of                                                                    
electronic  monitoring  while  not  in  treatment,  or  vice                                                                    
versa,  they could  request credit  for  what was  available                                                                    
under the law. She noted that  some crimes did not allow for                                                                    
electronic monitoring credit. She  said that if the offender                                                                    
was  in  treatment  on  the  same day  as  they  were  under                                                                    
electronic monitoring, they  could not count it  as two days                                                                    
of credit.                                                                                                                      
                                                                                                                                
9:11:29 AM                                                                                                                    
                                                                                                                                
Senator Micciche reminded that  the combination would be for                                                                    
other  crimes and  not the  crimes on  the list  of "serious                                                                    
crimes" as  defined in  the CS.  For serious  crimes, credit                                                                    
could only be given for time spent in treatment.                                                                                
                                                                                                                                
9:12:25 AM                                                                                                                    
                                                                                                                                
Ms.   Lucky   reviewed  FN   8   from   the  Department   of                                                                    
Administration,   OMB    Component   43.   The    note   was                                                                    
indeterminate because the Office  of Public Assistance could                                                                    
not speak to how many new cases  it might take on in the out                                                                    
years.                                                                                                                          
                                                                                                                                
Ms. Lucky  reviewed FN 9 from  Department of Administration,                                                                    
OMB   Component  1631.   She   noted  that   the  note   was                                                                    
indeterminate for the same reasons as FN 8.                                                                                     
                                                                                                                                
Ms. Lucky reviewed a Statement  of Zero Fiscal Impact, which                                                                    
replaced  all  the  individual  zero  fiscal  notes  in  the                                                                    
packet, these  notes reflect that  no changes  in regulation                                                                    
and/or  costs  will  be absorbed  by  the  departments.  The                                                                    
departments  included the  Department of  Health and  Social                                                                    
Services,  Department  of  Law,  and  Department  of  Public                                                                    
Safety.                                                                                                                         
                                                                                                                                
Ms. Lucky  addressed a new  fiscal note from  the Judiciary,                                                                    
OMB Component 768. She noted  that the note was not included                                                                    
in the  consolidated zero notes  as it  was not part  of the                                                                    
executive branch.                                                                                                               
                                                                                                                                
Ms.  Lucky   addressed  a  new   fiscal  impact   note  from                                                                    
Department of  Corrections, OMB Component 1381.  She relayed                                                                    
that the department would address the note.                                                                                     
                                                                                                                                
9:15:16 AM                                                                                                                    
                                                                                                                                
SYLVAN  ROBB, ADMINISTRATIVE  SERVICES DIRECTOR,  DEPARTMENT                                                                    
OF CORRECTIONS,  OFFICE OF MANAGEMENT AND  BUDGET, addressed                                                                    
the  new   fiscal  impact  note   from  the   Department  of                                                                    
Corrections. She  noted that  the fiscal  note was  a draft.                                                                    
The changes to  the note from the  previously published note                                                                    
related to credit for electronic  monitoring. The removal of                                                                    
credit  for electronic  monitoring would  result in  several                                                                    
individuals   spending  additional   time  in   correctional                                                                    
facilities. She said that the  department projected that the                                                                    
change  would  impact  363 defendants  that  had  previously                                                                    
received credit  for EM, and  those individuals  would spend                                                                    
an  additional 36.6  days in  incarceration, increasing  the                                                                    
daily  population by  35.5 inmates.  She furthered  that the                                                                    
cost for  the inmates  had been  calculated at  the marginal                                                                    
rate of $44.98  per day. She stated that  after talking with                                                                    
the Deputy Director of Health and Rehabilitation Services                                                                       
and  the  Director  of  Probation,  Parole,  and  Pre-Trial,                                                                    
failed to  result in data  on how many  individuals attended                                                                    
residential  treatment  pre-trial.   A  projected  estimate,                                                                    
without actual data,  was that 10 percent  would receive the                                                                    
credit,  which would  bring the  projected  increase to  the                                                                    
daily population down from 35.5 to 32.                                                                                          
                                                                                                                                
9:18:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHN  LINCOLN, SPONSOR,  thought the  CS made                                                                    
the bill  stronger and better, particularly  with regards to                                                                    
electronic monitoring. He thanked  the committee for working                                                                    
on the bill.                                                                                                                    
                                                                                                                                
9:19:02 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman was  appreciative of the thanks  and of the                                                                    
work between the house and the  senate. He noted that it was                                                                    
the sponsor's birthday.                                                                                                         
                                                                                                                                
Representative Lincoln acknowledged  Senator Micciche's work                                                                    
on  the bill.  He  appreciated the  collaborative nature  of                                                                    
their working relationship.                                                                                                     
                                                                                                                                
9:20:29 AM                                                                                                                    
                                                                                                                                
Senator   Micciche  MOVED   to   ADOPT  proposed   committee                                                                    
substitute  for CSHB  14, Work  Draft 31-LS0182\H  (Radford,                                                                    
5/5/19). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
Co-Chair von Imhof noted that  there were invited testifiers                                                                    
online to answer questions.                                                                                                     
                                                                                                                                
9:21:31 AM                                                                                                                    
                                                                                                                                
Senator Micciche offered brief  a brief closing statement on                                                                    
the legislation.                                                                                                                
                                                                                                                                
Senator Micciche  MOVED to  report SCS  CSHB 14(FIN)  out of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
SCS CSHB  14(FIN) was REPORTED  out of committee with  a "do                                                                    
pass"  recommendation and  with one  new fiscal  impact from                                                                    
the  Department of  Corrections;  one new  zero fiscal  note                                                                    
from the Alaska  Judicial System; one new  Statement of Zero                                                                    
Fiscal  Impact  for  the Department  of  Health  and  Social                                                                    
Services,  the  Department of  Law,  and  the Department  of                                                                    
Public  Safety; and  two previously  published indeterminate                                                                    
fiscal notes: FN 8(ADM), FN 9(ADM).