Legislature(2023 - 2024)BUTROVICH 205
01/19/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB28 | |
| SB17 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 28 | TELECONFERENCED | |
| + | SB 17 | TELECONFERENCED | |
HB 28-ACCESS TO MARIJUANA CONVICTION RECORDS
[The Senate companion bill is SB 100.]
1:31:26 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 28(FIN) "An Act restricting the release of certain records
of convictions; and providing for an effective date."
This is the first hearing of this bill in the Senate Judiciary
Committee.
CHAIR CLAMAN invited Representative Wright and Mr. Wolfe to put
themselves on the record and present the bill.
1:31:52 PM
REPRESENTATIVE STANLEY WRIGHT, District 22, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 28, introduced the
bill. He stated that this meaningful legislation is an important
and necessary step for individuals convicted of low-level
cannabis possession. It will open opportunities, reduce
barriers, and help many people. Individuals want to rent
apartments and get jobs, but their online records prevent their
candidacy. He explained that many Alaskans statewide have been
looking forward to this bill to move on with their lives and
reach their full potential. He advocates for this legislation
for this reason. He paraphrased the following sponsor statement:
[Original punctuation provided.]
Sponsor Statement
Alaskans voted to legalize the cultivation, sale, and
possession and recreational use of marijuana for
persons 21 years of age or older in 2014. Despite this
change in state law, some Alaskans remain blocked from
employment and housing and other opportunities due to
previous marijuana possession convictions that today
are recognized as non-criminal activities.
House Bill 28 would make confidential the records of
individuals who were convicted of minor marijuana
crimes, were 21 years of age or older at the time of
the offense and were not charged with any other crimes
in the same incident. These records would
automatically be removed from CourtView. The records
would also be removed from some background checks
administered by the Department of Public Safety, if
requested by the convicted individual.
According to figures provided by the Alaska Department
of Public Safety, not less than 8,000 Alaskans are
hindered in day to day life by marijuana convictions
that are eligible for the confidentiality protections
in this bill.
This bill would recategorize low level marijuana
offenses for individuals 18-21 years of age from Class
B misdemeanors to minor violations punishable by a
fine and eliminate unnecessary use of judiciary
resources for court hearings. It would also prohibit
the Alaska Court System from publishing records of
these violations on CourtView, from the effective date
of the bill going forward.
With Alaskans having spoken by means of legalization
of marijuana this bill would allow those that by
today's standards would not be considered as a
criminal offender to move forward with their life
without the obstruction that can be incurred by such a
conviction on one's record while still allowing
provisions for adequate access to background or
statistical information for those appropriate
agencies.
1:34:10 PM
FORREST WOLFE, Staff, Senator Stanley Wright, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for HB 28.
[Original punctuation provided.]
Sectional Analysis for Version U
Section 1: Intent language stating the intent of the
bill is to reduce barriers to employment and other
basic daily functions for individuals who under past
statutes were convicted of low-level marijuana related
crimes.
Section 2: Describes when, why, and to which agencies
or organizations the criminal justice information
protected in this bill may be released.
Section 3: Establishes that an agency may not release
criminal justice information for low-level, non-
violent, marijuana possession charges which are no
longer crimes under current statute.
Section 4: Establishes that records relating to the
individuals and occurrences in this bill shall not be
publicly published by the Alaska Court System.
Additionally establishes that the Court System will
state on its website that certain court records have
been removed from the website and provide information
on how to obtain information removed from public view.
Section 5: Establishes the effective date of
January 1, 2024.
1:35:38 PM
CHAIR CLAMAN noted that Section 5 indicates an effective date of
January 1, 2024. He sought confirmation that an amendment would
update the effective date.
MR. WOLFE replied that the intent was for HB 28 to go into
effect this year. He said the year of the effective date will
change to 2025.
1:36:09 PM
SENATOR TOBIN said HB 28 is an excellent bill. She asked why the
bill includes a date in the intent language on page 1, line 8,
and the rationale behind choosing that particular date.
MR. WOLFE replied that he is not certain there was a particular
significance other than the drafters did it that way. The
sponsor did not specifically request that date.
1:36:37 PM
CHAIR CLAMAN asked Senator Tobin whether there is a significant
difference between the bill she sponsored and HB 28.
SENATOR TOBIN replied that HB 28 was amended by the House when
it went through the House committee process. So, there are
differences between the original bill and the version before the
committee.
CHAIR CLAMAN sought confirmation that the House and Senate
versions of the bill are no longer identical.
SENATOR TOBIN affirmed the bills are no longer identical.
1:37:04 PM
SENATOR GIESSEL mentioned a change that deleted a fee for
removing an individual's name. She asked why there was a fee in
the original bill.
MR. WOLFE replied that while a fee was not in the original bill,
the House Judiciary Committee members were comfortable adding
one since the fee reduced the fiscal note. However, the House
Finance Committee removed it. The sponsor is okay with not
having a fee in HB 28.
1:37:45 PM
SENATOR KIEHL said that HB 28 is a worthy piece of legislation
and is glad to see it before the committee. He brought up the
subject of hemp products, specifically Delta-8
tetrahydrocannabinol (THC) and Delta-9 THC. He asked whether
Delta-8 is a scheduled substance or a commercial substance that
falls under hemp rules.
MR. WOLFE replied that he did not have that information readily
available. He deferred to Ms. Purinton and Ms. Wilcox.
1:39:13 PM
CHAIR CLAMAN directed the question to Senator Tobin.
SENATOR TOBIN indicated that she did not have an answer to the
question.
CHAIR CLAMAN invited Ms. Wilcox to come forward to answer the
question.
LACY WILCOX, Legislative Liaison, Alaska Marijuana Industry
Association (AMIA), Juneau, Alaska, conveyed that AMIA is a
trade group that represents licensed marijuana companies in
Alaska.
MS. WILCOX answered the question by focusing her comments on
Delta-9 THC, the U.S. Farm Bill, and Alaska regulations. She
said Delta-9 THC is known as the "hot hemp" issue. Alaska
implemented regulations for the oversight of hemp products.
Brick-and-mortar stores that sell such products in Alaska are
required to possess a cannabis license. These regulations
recently went into effect, and enforcement will follow. While
these regulations affect stores in Alaska, young individuals may
order these products online for home delivery without committing
a crime under the current legal framework.
CHAIR CLAMAN asked whether the distinction between hemp and
marijuana has any bearing on the legislation before the
committee today.
MS. WILCOX replied, no impact.
1:41:28 PM
CHAIR CLAMAN cited Section 3, paragraph 4 of HB 28, which reads
it is the individual who requests the agency "not release the
conviction records." He said many individuals do not know how to
apply for this request. He asked why the responsibility of
making records unavailable falls on the individual rather than
the Department of Public Safety, particularly if the legislation
is as crucial as the sponsor suggests.
REPRESENTATIVE WRIGHT replied that the system is old and not as
straightforward as a light switch. The records must be combed
through to figure out who did what. He deferred to Ms. Purinton
to explain further.
1:42:31 PM
CHAIR CLAMAN invited Ms. Purinton to the testifier's table to
expound on the question.
LISA PURINTON, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, replied
that the state's central repository of criminal history records
is stored on a legacy mainframe system. It has been in place
since the late 1980s, and the department is looking to replace
that system. The disposition of records has been stored in
various ways for nearly 40 years, which creates challenges in
programming and locating specific records. While the system can
be programmed to remove some records, older records require a
manual review. This will take some time. HB 28 has a fiscal note
for two reasons:
1. DPS will need to hire a programmer to write code. She
explained that the legacy mainframe system requires
specialized contractors with a unique skill set, no longer
taught, to help support the mainframe and write code.
2. Temporary staff are needed to research those records, and the
goal is to proactively remove the records in two years.
CHAIR CLAMAN sought confirmation that additional staff are
necessary to research removal requests in order to determine
whether a conviction record is eligible for removal.
MS. PURINTON replied yes, that would be correct.
CHAIR CLAMAN summarized her answer, stating it is way too
complicated, way too expensive, and it may not be doable.
MS. PURINTON replied that would be correct due to the
technological limitations of the mainframe and the way the
records were stored in the system. DPS will proactively try to
remove a large swath of records programmatically, but other
records will require human intervention for removal.
1:45:04 PM
CHAIR CLAMAN inquired about the way information is input. He
asked whether it aligns with an Alaska Public Safety Information
Network (APSIN) printout. He clarified that ASPIN printouts do
not reflect the details of the conviction but give certain
classes. However, it does not have the same level of detail
found in court records.
LISA PURINTON replied affirmatively, confirming that she
intended to convey that information exactly.
1:45:25 PM
SENATOR KAUFMAN inquired about the possibility of incorporating
language into HB 28 that:
- enables a manual on-demand process initially,
- shifts to a more automated process once the mainframe system
is updated, and
- that creates the capability to move seamlessly to a more
automated mode.
REPRESENTATIVE WRIGHT replied that he is open to any amendment
to enhance the legislation.
SENATOR KAUFMAN replied that he is happy to work with the
sponsor on an amendment.
1:46:21 PM
CHAIR CLAMAN asked Ms. Meade to come forward to offer invited
testimony on the bill.
1:46:40 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System (ACS), Anchorage, Alaska, testified by invitation,
stating Section 4 is the only section in HB 28 that refers to
CourtView and impacts the Alaska Court System. She pointed out
that CourtView records are distinct from APSIN and DPS official
court records. ACS has already taken the step to remove
conviction records for marijuana possession of under an ounce
for people over 21 years of age from its public website. The
Alaska Supreme Court removed all those records in May of last
year. As a result, HB 28 will not change anything ACS does or
require ACS to take any additional action.
1:47:32 PM
SENATOR TOBIN said Section 4 states the Alaska Court System
shall provide notice on its public website that those records
were removed. She sought confirmation that ACS posted this
notice on its website.
MS. MEADE replied yes, notice has been posted for a number of
years. The notice shows certain cases were removed from the
CourtView public access website. A rule in The Alaska Rules of
Court provides for the removal of certain categories of cases
from CourtView. She believed that up to 15 categories had been
removed from CourtView. These categories are linked on the
webpage. She said a link is available to individuals who believe
their name is improperly visible on CourtView. Individuals may
file a request to exclude their case from CourtView, and ACS
will review it. She suggested ACS did its job well because only
one person has ever filed a form to have their record excluded
since ACS removed those specific marijuana cases.
SENATOR TOBIN commented that the ACS notice on its public
website sounds robust and very informative.
1:49:06 PM
CHAIR CLAMAN asked whether keeping Section 4 in the bill is
important. He wondered if the committee should consider its
deletion since ACS had already addressed the issue. He sought
assurance that ACS would not change paths six years from now and
start putting more information on CourtView.
MS. MEADE answered that ACS is not moving towards including more
information on CourtView. CourtView began in the early 2000s,
and the cultural view was that the more data online, the better.
Over the years, that view has changed. People began to see the
flaws in too much information, such as not readily understanding
and misinterpreting the information. She explained that ACS used
to post filed domestic violence protective orders where the
judge determined there was no merit to the claim. As a result,
people suffered distress, which the courts determined was
disproportionate to the action. Since 2004, ACS has added
categories for exclusion, not inclusion, on CourtView. The ACS
mindset leans toward more restrictions on public access.
MS. MEADE surmised there is a 99.9 percent chance that ACS would
never repost these cases. It has been legal since 2014. She
declared it would not happen because a court rule has already
removed these cases from CourtView. She emphasized that court
rules are just as much of a law as statutes. Whether Section 4
is necessary is a decision for the committee to consider. She
said it may not be needed.
1:51:38 PM
CHAIR CLAMAN sought confirmation that it is pursuant to court
rule that those cases were removed from CourtView and not
arbitrarily removed by the CourtView administrator. He asked
whether those decisions were made through Alaska Supreme Court
orders.
MS. MEADE replied absolutely. ACS has Rules of Administration.
Administrative Rule 40 is the rule that governs whether a case
is posted on public CourtView, as opposed to internal CourtView.
She explained that internal CourtView contains an index to all
cases, including Child in Need of Aid cases, and is available
for ACS staff use. Administrative Rule 40 states all of that
shall be made available to the public except for the list of 16
exceptions, including domestic violence protective orders, cases
where a charging document was never filed, and exception 15, the
marijuana cases described in HB 28.
MS. MEADE responded yes to his second question.
CHAIR CLAMAN thanked Ms. Meade and proceeded to the next invited
testifier.
1:53:02 PM
DAVID MORGAN, Legislative Affairs Associate, Reason Foundation,
Atlanta, Georgia, testified by invitation, stating HB 28 is an
important step toward justice for Alaskans harmed by the war on
drugs. Alaska was an early leader in cannabis reform but now
lags behind 24 other states that adopted reforms to conceal
marijuana-related conviction records. Criminal records can make
it difficult for individuals to participate as productive
members of society. He explained that nearly 90 percent of
employers nationwide conduct background checks on job
applicants. Research suggests that job applicants with criminal
convictions are approximately 50 percent less likely to receive
a callback. Individuals with criminal records face significant
difficulty engaging in other productive activities, such as
securing housing, obtaining professional licenses, joining the
military, gaining admission to universities, accessing financial
services, and maintaining child custody. It may sometimes be in
the interest of public safety to track and provide information
to the public about an individual's criminal record. However,
life-long criminal records for conduct that is now legal do not
make sense. There is little to no evidence that providing these
records and background checks contributes to public safety.
Compared to other states that have legalized marijuana, this is
a relatively small step toward fixing the damage caused by
prohibition. These reforms will provide much-needed relief to
many Alaskans. He thanked the committee for their time and
consideration of HB 28.
1:55:32 PM
CHAIR CLAMAN opened public testimony on HB 28.
1:55:55 PM
RYAN TUNSETH, President, Alaska Marijuana Industry Association,
Kenai, Alaska, testified in support of HB 28, stating this
important piece of legislation is an incremental step towards
destigmatizing cannabis consumption. He said the U.S. Department
of Health and Human Services (DHSS) released a request to the
Drug Enforcement Administration (DEA) last Friday. DHSS
requested that the DEA reclassify cannabis from a Class I
controlled substance to a Class III controlled substance. He
said that AMIA supports anything that removes small barriers,
promotes positive life outcomes, and recognizes the damage done
by the failed war on drugs. This bill is a step in the right
direction.
1:58:11 PM
LACY WILCOX, representing self, Juneau, Alaska, testified in
support of HB 28, stating she has been involved in Smart Justice
Reform and pro-cannabis policy for nearly ten years. She said
that her history with cannabis and its complicated legal status
began as a youth. She said that she was born in Homer, Alaska,
the home of some cannabis champions, specifically Irwin Ravin.
She said that she has watched good-meaning people grapple with
the difficult choice of using a therapeutic medicine to treat
their ailments or not using it for fear of the justice system.
There is a disastrous consequence in both cases. She explained
when individuals do not use their medicine, it can lead to an
addiction to a far stronger substance, such as opioids. The
choice to consume alternative medicine for pain or other
ailments can lead to the consequences that create the barriers
discussed today. There is no easy choice. The complicated
history of marijuana's legal status over the years has been
confusing for people to understand. She said, "If you can grow,
you can smoke." She expressed her support for HB 28, citing her
advocacy for cannabis legalization and her background as a
proponent of natural medicine and therapy. It is time to see
this legislation move forward.
2:00:09 PM
CHAIR CLAMAN closed public testimony on HB 28.
CHAIR CLAMAN held HB 28 in committee.