Legislature(2023 - 2024)BUTROVICH 205
04/29/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| Presentation(s): Wellness and Training Program by the Department of Public Safety | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 66 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 66-CONTROLLED SUB;HOMICIDE;CRIMES;SENTENCING
1:31:21 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 66(FIN) am "An Act relating to homicide resulting from
conduct involving controlled substances; relating to misconduct
involving a controlled substance; relating to sentencing; and
providing for an effective date."
1:31:51 PM
SENATOR KAUFMAN joined the meeting.
1:32:23 PM
ANGIE KEMP, Director, Criminal Division, Department of Law,
Juneau, Alaska, expressed appreciation for the framing of the
Senate committee substitute (SCS) and said she was available to
answer questions.
1:32:59 PM
CHAIR CLAMAN said that the SCS includes provisions from HB 66,
HB 265, SB 53, and SB 65. He asked Ms. Kemp to speak to these,
insofar as they are built into the CS.
1:33:19 PM
MS. KEMP replied that the SCS consolidates various provisions
from the aforementioned pieces of legislation. First, the grand
jury provision related to allowing summaries of witness
statements to be presented. (This was initially part of HB 67.)
She said this is to avoid retraumatizing the victims of crime.
This is a priority for the Department of Law (DOL) and is
important for victims' rights and the associated constitutional
provisions protecting those rights. She explained that this
provision allows victims to summarize admissible evidence. The
SCS acknowledges that the rules of hearsay do not apply at grand
jury proceedings and mirrors (in part) the federal government's
rules of procedure. Alaska would remain an outlier due to this
partial adoption of the federal rules of procedure. However,
several other states have adopted similar rules of procedure
(e.g. Alabama, Maine, Delaware, Kentucky, etc.).
1:36:20 PM
CHAIR CLAMAN requested comments about the provisions from HB
265.
1:36:32 PM
SENATOR GIESSEL joined the meeting.
MS. KEMP briefly discussed the "name change" provision (HB 265),
which would change "child pornography" to "child sexual abuse
material."
1:37:47 PM
CHAIR CLAMAN noted that the Senate recently passed legislation
related to competency and involuntary civil commitments and
surmised that committee members would therefore be familiar with
the provisions associated with SB 53. He asked about HB 66.
1:38:07 PM
MS. KEMP said that HB 66 is designed to recognize a public
health crisis related to fentanyl and methamphetamine. She
directed attention to the Alaska Public Health Report which
shows that from 2018-2022, there was a 150 percent increase in
the number of overdose deaths involving fentanyl and
methamphetamine. She pointed out that the availability of
overdose kits has impacted this number, though it continues to
increase. HB 66 is intended to deter offences involving these
substances in an effort to mitigate the worsening public health
crisis.
1:39:42 PM
SENATOR TOBIN referred to the Department of Corrections (DOC)
zero fiscal note and said that recent data indicated a
relationship between individuals exiting DOC and overdoses. She
questioned whether treatment would be offered within DOC for
those who would be incarcerated because of the change - and
whether an increased number of incarcerated individuals is
expected. She wondered why it is a zero fiscal note, given these
concerns.
1:40:37 PM
MS. KEMP replied that she cannot speak to a DOC fiscal note. She
directed attention to Department of Law's fiscal note and said
that, while increased litigation is expected, the costs related
to HB 66 can likely be absorbed without requiring additional
positions.
1:41:12 PM
CHAIR CLAMAN commented that SB 66 would be held in committee;
therefore, DOC could provide this information at the next
hearing.
1:41:24 PM
SENATOR TOBIN commented that a 2021 meta-analysis of 116 studies
on recidivism showed that instances of reincarceration do not
deter crime. She wondered how HB 66 would stop this crisis,
given that it is not supported by the data.
MS. KEMP indicated that she is not familiar with the meta-
analysis but would like to review it. She opined that there is a
great deal of complicated data available on this issue. She said
that criminal law allows for inherent deterrents. The sentencing
criteria that prosecutors look to includes both individual and
community deterrents. This is particularly true for fentanyl
cases. While incarceration alone is not the answer, it
encourages rehabilitation. For example, the resolution of these
cases involves seeking treatment in some capacity (or having it
made available to them) in addition to incarceration. She said
that there are many ways to resolve these cases in order to meet
the goal of rehabilitation.
SENATOR TOBIN said that she would like to speak with DOC
regarding the substance treatment being referenced, which is not
included in the zero fiscal note. She emphasized that, if the
goal is to rehabilitate these individuals, the state must
provide the necessary services while they are incarcerated.
1:44:10 PM
SENATOR KIEHL pointed out that the residential substance abuse
treatment program within DOC is available during the last 6
months of an inmate's sentence - regardless of sentence length.
He opined that there is no material difference - with respect to
sentencing - in the realistic likelihood of getting inmates off
the drug(s), whether or not HB 66 is passed. He turned his
attention to the language of the legislation and the challenge
of differentiating drug dealers, importers, and producers from
fellow users. He asked whether HB 66 addressed this legal
drafting challenge.
MS. KEMP replied not to her recollection. She acknowledged the
challenge of carving out these factual distinctions. She
surmised that this would be taken into consideration when
determining how a case is handled (i.e. within the broad
discretion granted to prosecutors) - regardless of whether it is
codified in statute.
1:46:14 PM
SENATOR GIESSEL commented that repeated incarceration can be
considered steps to rehabilitation, as each incarceration puts
the individual through withdrawal and treatment. She noted that
buprenorphine is costly and must be continued post-release. She
questioned whether Medicaid is covering the cost. She said that
there are tools (such as this) that are effective, although it
takes time. She expressed disagreement with the notion that
repeated incarceration is unhelpful.
1:47:37 PM
CHAIR CLAMAN noted that there is a summary of changes available
and solicited a motion.
1:47:48 PM
SENATOR KIEHL moved to adopt the Senate committee substitute
(SCS) for CSHB 66, work order 33-GH1482\Y, as the working
document.
1:48:09 PM
CHAIR CLAMAN found no objection and SCS CSHB 66 was adopted as
the working document.
CHAIR CLAMAN held HB 66 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Department of Public Safety Presentation to Senate Judiciary 4.29.2024.pdf |
SJUD 4/29/2024 1:30:00 PM |
|
| HB 66 version Y.pdf |
SJUD 4/29/2024 1:30:00 PM |
HB 66 |
| HB 66 Summary of Changes Version S to Version Y 4.29.2024.pdf |
SJUD 4/29/2024 1:30:00 PM |
HB 66 |