Legislature(2021 - 2022)GRUENBERG 120
05/14/2021 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB172 | |
| HB183 | |
| SB122 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 172 | TELECONFERENCED | |
| *+ | HB 183 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 122 | TELECONFERENCED | |
HB 183-CRIMINAL JUSTICE DATA ANALYSIS COMMISSION
4:16:07 PM
CHAIR CLAMAN announced that the next order of business would be
HOUSE BILL NO. 183, "An Act renaming the Alaska Criminal Justice
Commission the Alaska Criminal Justice Data Analysis Commission;
relating to the membership of the Alaska Criminal Justice Data
Analysis Commission; relating to the powers and duties of the
Alaska Criminal Justice Data Analysis Commission; extending the
termination date of the Alaska Criminal Justice Data Analysis
Commission; relating to the duties of the Judicial Council;
providing for an effective date by amending the effective date
of secs. 41 and 73, ch. 1, 4SSLA 2017; and providing for an
effective date by repealing the effective date of sec. 74, ch.
1, 4SSLA 2017."
4:16:47 PM
LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature, on behalf of prime sponsor, presented HB 183. She
told the committee that the Alaska Criminal Justice Commission
would be scheduled to sunset beginning June 30, 2021, and
conclude its affairs by June 30, 2022. She stated that, in
accordance with the recommendation offered by the auditor,
rather than extend the commission in its current form, HB 183
would retain the commission's data collection and analysis
functions. She stated that HB 183 would rename the commission
to the Alaska Criminal Justice and Data Analysis Commission,
would modify the membership of the commission, and would amend
and restate the powers and duties of the commission, and would
extend the termination date of the newly formed Alaska Criminal
Justice and Data Analysis Commission to June 30, 2029.
MS. KUBITZ offered the sectional analysis [included in the
committee packet], which read as follows [original punctuation
provided]:
Section 1
AS 22.20.210. Staff and support for criminal justice
commission.
Amends AS 22.20.210 to add "data analysis" to the name
of the commission.
Section 2
AS 22.20.220. Prison inmate characteristics
information.
Amends AS 22.20.210(a) to remove the termination date
for collection of data collection by the
Department of Corrections utilized by the Alaska
Judicial Council for purposes of the
commission's work.
Section 3
AS 44.19.641. Creation of commission.
Amends AS 44.19.641 to add "data analysis" to the name
of the commission.
Section 4
AS 44.19.642. Membership; staff.
Amends AS 44.19.642(a) to make changes to the
membership of the commission.
These changes include:
? Ensure representation of rural Alaska on the
commission;
? Make the Deputy Attorney General for the Criminal
Division of the Department of Law
or their designee a voting member (rather than the
Attorney General);
? Allow the public defender's designee to act as a
voting member in place of the public
defender;
? Place two peace officer representatives on the
commission (rather than one municipal law
enforcement representative)one representing a rural
community off the road system
and one representing an urban communityappointed by
the Alaska Chiefs of Police;
? Provide for the victims' rights advocate on the
commission to be appointed by the Alaska
Network on Domestic Violence and Sexual Assault;
? Make the Commissioner of the Department of Health
and Social Services a voting
member; and
? Create a new member seat for a formerly incarcerated
person who has completed his or
her sentence.
Section 5
AS 44.19.645. Powers and duties of the commission.
Amends AS 44.19.645 to remove the duties of the former
Alaska Criminal Justice Commission
to be replaced by the new duties of the Alaska
Criminal Justice Data Analysis Commission.
These new duties include:
? Data analysis, research, and reporting on all
aspects of Alaska's criminal justice
system, including state laws, public safety,
rehabilitation, crime and incarceration
rates, the needs of victims, and other factors set
forth in the Alaska Constitution;
? Receiving data related to the criminal justice
system from the Alaska Department
of Corrections, Department of Public Safety,
Department of Law, and the Alaska
Court System;
? Identifying areas for improving the efficiency and
effectiveness of the criminal
justice system;
? Recommending expenditures from the Recidivism
Reduction Fund;
? Making other recommendations and providing analysis
if requested by the
Legislature, the Executive, or the Judiciary; and
? Issuing an annual report.
4:20:39 PM
MS. KUBITZ continued with the presentation of the sectional
analysis:
Section 6
AS 44.19.646. Methodology.
Amends AS 44.19.646 to remove the duty of the
commission to make recommendations, and adds the duty
of conducting research and adopting a research agenda
and priorities based on art. I, secs. 7, 12, and 24,
Constitution of the State of Alaska (which relate to
due process, criminal administration, and the rights
of crime victims), and other issues of pressing
concern to the criminal justice system.
Section 7
AS 44.19.647. Annual report and recommendations.
Amends AS 44.19.647(a) to remove the reporting
responsibilities of the former Alaska Criminal Justice
Commission to be replaced by the new duties of the
Alaska Criminal Justice Data Analysis Commission. The
commission's reporting responsibilities are related to
the duties of the commission listed in Section 5.
Section 8
AS 44.19.647. Annual report and recommendations.
Amends AS 44.19.647(b) to remove the reporting
responsibilities of the former Alaska Criminal Justice
Commission to be replaced by the new duties of the
Alaska Criminal Justice Data Analysis Commission.
Section 9
AS 44.19.649. Definition.
Amends AS 44.19.649 to update the definitions of
"commission," "recidivism," and "technical violation."
Section 10
AS 44.66.010. Expiration of state boards and
commissions.
Amends AS 44.66.010(a)(12) to add "data analysis" to
the name of the commission.
Section 11
AS 47.38.100. Recidivism reduction program.
Amends AS 47.38.100(b) to add "data analysis" to the
name of the commission.
Section 12
Amends Section 35, ch. 83, SLA 2014 to repeal Sec. 35.
AS 22.20.210 on June 30, 2029.
Section 13
Repeals AS 44.19.642(b).
Section 14
Repeals Sections 74 and 76, ch. 1, 4SSLA 2017.
Section 15
Uncodified law - applicability
A person who is a member of the former Alaska Criminal
Justice Commission on the day before the effective
date of this Act continues to serve on the Alaska
Criminal Justice Data Analysis Commission until the
expiration of the member's term. When making new
appointments or designations, makes Section 15 of the
Act conditional on the guidelines established under AS
44.19.642(a), which relates to membership of the
commission.
Section 16
Amends effective date provisions of Section 41, ch.1,
4SSLA 2017 to take effect on July 1, 2029.
Section 17
Amends effective date provisions of Section 73, ch.1,
4SSLA 2017 to take effect on June 30, 2029.
Section 18
Repeals Section 82, ch. 1, 4SSLA 2017.
4:23:22 PM
KAREN BUCHKOSKI, Audit Manager, Legislative Audit Division,
Alaska State Legislature, informed the committee that the
Division of Legislative Audit had conducted a sunset audit on
the Alaska Criminal Justice Commission dated June, 2020 and drew
attention to the audit report, entitled, "HB 183 Additional
Document - A Sunset Review of the Office of the Governor, Alaska
Criminal Justice Commission 6.12.2020.2020," [included in the
committee packet] and directed attention to the background
information section of the report, which begins on page 5, from
which she read [original punctuation provided]:
The Alaska Criminal Justice Commission (commission)
was established in 2014 when Senate Bill 64 was signed
into law.
SB 64 was the result of a bipartisan effort to reduce
the high costs of corrections and reduce prison
populations and recidivism through evidence-based
reforms. The commission was given a three-year term,
ending June 2017. She added that State leaders tasked
the commission with developing evidence-based
recommendations aimed at safely controlling prison and
jail growth and recalibrating the correctional
investment to ensure the State achieved the best
possible public safety return on State dollars. She
added that, additionally, due to declining State
operating budgets, legislative leaders requested the
commission forward policy options that would avert
future prison growth and reduce the prison population
between 15 and 25 percent.
Over a seven-month period, the commission analyzed the
State's criminal justice system, including a
comprehensive review of sentencing, corrections, and
community supervision data. Based on commission
analysis, and directive from legislative leadership,
the commission developed 21 evidence-based policy
recommendations, known as the December 2015 Justice
Reinvestment Report. The report also included six
recommendations for legislative consideration.
According to the report, the recommendations protected
public safety, held offenders accountable, and reduced
the State's average daily prison population by 21
percent, netting estimated savings of $424 million
over 10 years.
Many of the recommendations in the commission's
December 2015 Justice Reinvestment Report became the
basis for criminal justice laws enacted in Senate Bill
91, signed into law July 2016. Senate Bill 91 extended
the commission's term until June 2021, significantly
expanded the commission's duties, and directed the
commission to oversee the implementation of criminal
justice reform and reinvestment.
Many of the reforms contained in Senate Bill 91 were
blamed for an increase in crime. Within a year of
Senate Bill 91's effective date, a separate bill was
passed to make minor adjustments to Senate Bill 91 and
another bill was passed five months later that
substantially altered SB 91. The next year, a third
bill made more substantive changes. In 2019, many of
Senate Bill 91's provisions were fully repealed
through House Bill 49. Criminal justice legislation
from 2014 through 2019 is outlined in Exhibit 2.
MS. BUCHKOSKI then drew attention to page 7 of the audit report,
from which she read [original punctuation provided]:
Overall, the audit concluded the commission met its
statutory responsibilities by analyzing the effects of
sentencing laws and criminal justice practices on the
criminal justice system, and recommending
improvements. Additionally, the commission conducted
specific studies and reported results, as required by
law.
The commission was effective as an advisory agency
from 2015 through 2017 and its recommendations served
as the basis for comprehensive criminal justice reform
passed in 2016 (Senate Bill 91).
Further, its recommendations helped policy makers
amend Senate Bill 91. However, beginning in 2018,
criminal justice policy decisions were not rooted in
commission recommendations and the commission's
effectiveness waned.
As of April 2020, the commission does not routinely
recommend improvements; however, it does continue to
analyze criminal justice data and evaluate the impact
of commission recommendations and other changes on the
criminal justice system. As required by statutes,
several agencies submit data to the commission. The
data is reviewed by commission staff, commission
members, and/or other agencies under an agreement with
the commission.
In accordance with AS 44.66.010(a)(12), the commission
is scheduled to terminate on June 30, 2021. We do not
recommend extending the commission's termination date.
Rather than extend the commission in its current form,
the need for and expectations of a criminal justice
advisory commission should be reevaluated. Although we
recommend sunsetting the commission, we do not
recommend terminating its data collection and analysis
functions.
Objective evidence regarding the effectiveness of the
criminal justice system and laws governing the system
are critical to future policy decisions. Legislation
will be required to maintain the commission's data
collection and analysis functions if the commission
sunsets.
MS. BUCHKOSKI drew attention to the single recommendation,
should the commission be extended, page 15 of the audit report,
from which she read [original punctuation provided]:
We recommend the Alaska Judicial Council's3 executive
director improve procedures to ensure meetings are
properly publicly noticed and documented.
4:29:05 PM
MR. WILLIAMS stated that the current Alaska Criminal Justice
Commission had met during the prior summer and discussed the
future of the commission, considering the impending sunset date,
and options for the data collection and analysis. He stated
that the commission formed a Task Force consisting of members
from the Alaska Native Justice Center, the Department of Law,
The Office of the Public Defender, Department of Corrections,
and the AMHTA, and it had prepared recommendations for the
legislature. He referred to the committee packet item entitled,
"HB 183 Supporting Document - Criminal Justice Taskforce
Recommendation 12.3.2020.pdf."
MR. WILLIAMS stated that effective criminal justice systems
cannot be based on solely data reported, and that an entity
should exist representing the criminal justice system, including
the public, to analyze the data and provide recommendations on
policy development to avoid unintended consequences. He stated
that the commission had been evaluated and the recommendations
were offered to the committee for including additional
stakeholder groups to include victims' advocacy groups and
representation of those who had been incarcerated.
MR. WILLIAMS shared with the committee that, with consideration
of the Attorney General representation on the proposed new
commission, the state's most senior prosecutor is the Assistant
Attorney General of the Criminal Division and would have
experience in litigation within the criminal justice system. He
stated that the task force's recommendation had been reviewed
and endorsed by the Alaska Criminal Justice Commission.
4:36:58 PM
SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council,
testified during the hearing on HB 183. She explained that the
Alaska Judicial Council is staff to the Alaska Criminal Justice
Commission. She noted that the research function of the
commission would be the main component in the proposed
commission. She stated that a constitutional obligation of the
Alaska Judicial Council is to perform studies to improve the
administration of justice and it had conducted research for over
40 years. She stated that the Alaska Justice Information Center
has a research and findings mission and had offered many useful
reports. She stated that the Alaska Judicial Council and the
Alaska Justice Information Center were independent of each other
and of the court system and had collaborated on research
projects and shared complimentary skills and abilities and areas
of expertise, and she characterized the collaboration as "better
than the sum of its parts." She noted that the Alaska Judicial
Council is a state agency and the Alaska Justice Information
Center consisted of members in academia.
4:40:58 PM
CHAIR CLAMAN opened public testimony on HB 183. After
ascertaining that there was no one who wished to testify, he
closed public testimony and stated that HB 183 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 122 v. B 4.7.2021.PDF |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM |
SB 122 |
| SB 122 Sponsor Statement v. B.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM SJUD 4/21/2021 1:30:00 PM |
SB 122 |
| SB 122 Sectional Analysis v. B.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM SJUD 4/21/2021 1:30:00 PM |
SB 122 |
| SB 122 Fiscal Note LAW-CRIM 4.9.2021.pdf |
HJUD 5/10/2021 1:00:00 PM HJUD 5/12/2021 1:00:00 PM HJUD 5/14/2021 1:00:00 PM HJUD 5/17/2021 1:00:00 PM |
SB 122 |
| SB 122 v. B Amendment #1 HJUD 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
SB 122 |
| HB 183 v. B 4.21.2021.PDF |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM |
HB 183 |
| HB 183 Sponsor Statement v. B 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM |
HB 183 |
| HB 183 Sectional Analysis v. B 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 183 |
| HB 183 Supporting Document - Criminal Justice Taskforce Recommendation 12.3.2020.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Additional Document - A Sunset Review of the Office of the Governor, Alaska Criminal Justice Commission 6.12.2020.2020 |
HJUD 5/14/2021 1:00:00 PM HJUD 1/21/2022 1:00:00 PM HJUD 1/26/2022 1:30:00 PM |
HB 183 |
| HB 183 Fiscal Note DHSS-BHA 5.7.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 183 |
| HB 183 Fiscal Note JUD-AJC 5.13.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 183 |
| HB 172 Work Draft Committee Substitute v. I 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 172 |
| HB 172 Transmittal Letter 4.9.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 2/16/2022 1:30:00 PM HJUD 2/21/2022 1:00:00 PM HJUD 2/23/2022 1:30:00 PM |
HB 172 |
| HB 172 Additional Document - Introduction Presentation to HJUD Committee 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 2/16/2022 1:30:00 PM HJUD 2/21/2022 1:00:00 PM HJUD 2/23/2022 1:30:00 PM |
HB 172 |
| HB 172 Supporting Document - Letters Received by 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 2/16/2022 1:30:00 PM HJUD 2/21/2022 1:00:00 PM HJUD 2/23/2022 1:30:00 PM |
HB 172 |
| HB 172 Opposing and Amend Letters and Testimony Received by 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 172 |
| HB 172 Fiscal Note DPS-AST 4.7.2021.pdf |
HJUD 5/14/2021 1:00:00 PM HJUD 2/21/2022 1:00:00 PM HJUD 2/23/2022 1:30:00 PM |
HB 172 |
| HB 172 Fiscal Note DHSS-DET 3.30.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 172 |
| HB 172 Fiscal Note DHSS-MS 3.30.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 172 |
| HB 172 Fiscal Note JUD-ACS 4.28.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
HB 172 |
| SB 122 v. B Amendment #1 HJUD Legal Memo 5.14.2021.pdf |
HJUD 5/14/2021 1:00:00 PM |
SB 122 |