Legislature(2007 - 2008)HOUSE FINANCE 519
03/05/2008 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB336 | |
| HB359 | |
| HB373 | |
| HB344 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 344 | TELECONFERENCED | |
| + | HB 348 | TELECONFERENCED | |
| *+ | HB 373 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 336 | TELECONFERENCED | |
| += | HB 359 | TELECONFERENCED | |
HOUSE BILL NO. 359
"An Act relating to probation and the offense of minor
consuming or in possession or control of alcohol."
3:02:07 PM
Co-Chair Chenault MOVED to ADOPT Work Draft for HB 359 (25-
LS1377\L, Luckhaupt, 2/22/08). There being NO OBJECTION, it
was so ordered.
EMILY BEATLEY, STAFF, REPRESENTATIVE JAY RAMRAS, (SPONSOR),
explained HB 359. Under current minor consuming statute, the
Court is required to put a convicted person on probation for
one year from the date of conviction, or until the person
reaches the age of 21, whichever is later. Probation in this
case is automatic. House Bill 359 adds a new section under
statute which gives the courts the authority to terminate
probation of those convicted of minor consuming under
certain conditions. Currently minors under probation are not
allowed to enter into the military, which has become the
largest issue connected with HB 359. Other individuals will
benefit from the proposal.
Representative Gara said the bill terminates probation early
but does not get rid of the conviction. He wanted more
information on how the military views probation. Ms. Beatley
said each branch of the military has different issues with
probation. A person can't enlist in the Marine Corps as an
alternative to probation, for example.
Representative Gara asked how long probation was for a minor
consuming. Ms. Beatley said minor consuming does not become
a class B misdemeanor until the third offense, when it is
considered habitual; at that time it falls under the
Division of Juvenile Justice. For first and second
consumers, the probation is mandatory and lasts until age
21, which could be a very long probation. The courts have no
authority to terminate that probation.
3:07:13 PM
Representative Hawker pointed out areas that he thought
needed amending in the bill. Of the criteria that could be
used to lift the probation, he had difficulty with page 2,
lines 14-15, "continuance of the probation which interfere
with the rehabilitation and growth of the person." He
thought the language too subjective and indefinable. Ms.
Beatley replied that the language intends to give discretion
to the court in determining what "rehabilitation and growth"
would be.
Representative Hawker thought the line preceding, "The
person has substantially complied with the other conditions
of probation," would be sufficient. If anything was added,
he thought it should be a positive statement, such as
"Continuance of probation would not be in the best interest
of the person."
Co-Chair Meyer agreed and asked for help drafting less
subjective language.
3:11:13 PM
Representative Gara asked if the bill applies to repeat or
also to first offense. Ms. Beatley replied that it applies
to first and second offenses. The third offense is a class B
misdemeanor and would fall under Juvenile Justice; the first
and second fall under district court.
Representative Gara stated that he also has a problem with
the language "rehabilitation" in the second to last line.
3:12:32 PM
Representative Thomas ruminated over how young soldiers
should be dealt with after coming home from a tour of duty.
He thought probation on top of their other difficulties was
too much. Ms. Beatley said that part of the reason the bill
came about was that good kids make mistakes. The bill offers
them a chance to apply for termination of probation.
3:14:28 PM
BRIGADIER GENERAL THOMAS KATKUS, COMMANDER, ALASKA NATIONAL
GUARD (Testified via teleconference), testified in favor of
HB 359. Without the bill there are no options for a person
with this history moving forward into the military. A person
on active probation cannot join. The bill gives options to
those who may have made a mistake early in life. There are
less people fully qualified to join the military because of
early issues.
3:17:43 PM
Representative Gara wondered why the military cares whether
someone is on probation for something that is not a crime,
since first and second offenses are not criminal offenses.
Gen. Katkus said a person cannot be on probation for a
crime; the military reads this violation as a crime.
Representative Gara wondered if the standard was the same
for all four branches of the military. Gen. Katkus said the
National Guard abides by Army standards. Representative Gara
asked if there was any flexibility. Gen. Katkus replied that
the military cannot waive regarding probation. There was a
discussion about conditions under which criminal conviction
could be waived.
3:21:45 PM
QUINLAN STEINER, DIRECTOR, PUBLIC DEFENDER AGENCY,
DEPARTMENT OF ADMINISTRATION (Testified via teleconference),
spoke in favor of HB 359. He thought it would have
significant impact.
Representative Thomas queried what the average probation
time was. Mr. Steiner responded that probation is automatic
until 21 on this particular offense. If it were a
misdemeanor for a juvenile for some other kind of offense,
the probation could vary. Co-Chair Meyer thought this was a
loophole that needed to be looked at. Representative Gara
was amazed that one drink could result in a mandatory five-
year probation.
3:24:11 PM
PUBLIC TESTIMONY CLOSED.
Representative Hawker said he would work on an amendment
with staff.
Co-Chair Chenault referred to the fiscal notes.
DOUG WOOLIVER, ADMINISTRATIVE ATTORNEY, ALASKA COURT SYSTEM,
said there was an error on one of the notes.
Co-Chair Chenault wondered if there should be a fiscal note
from Department of Health and Social Services or Department
of Corrections. Ms. Beatley said the bill specifically
targets first and second offenders, neither of which falls
under Corrections or Juvenile Justice. Co-Chair Chenault
wanted more information.
Co-Chair Meyer said fiscal note #1 by Judiciary could be
ignored.
3:27:26 PM
Representative Gara asked if Public Defenders represents
people with first and second minor consuming charges. Mr.
Steiner answered that they do not currently represent people
because the statute was set up that way. They do get
inquiries. Representative Gara queried whether any public
agency represents the kids if they do not have money. Mr.
Steiner was not aware of any.
Representative Gara questioned the legality of imposing
probation for something that is not a crime. Mr. Steiner
replied that it appears to be legal. He referred to a case
where mandatory probations had been challenged.
HB 359 was HEARD and HELD in Committee for further
consideration.
3:29:14 PM
| Document Name | Date/Time | Subjects |
|---|