03/01/1995 01:34 PM Senate JUD

 SJUD-3/1/95                                                                   
                         SB 4 DWI LAWS                                        
                                                                              
 JOE AMBROSE, Chief of Staff to Senator Taylor, read a sponsor                 
 statement to the committee.  He explained SB 4 makes drunk driving            
 a felony on the third offense, requires a minimum sentence of 360             
 days, and carries a $1,000 fine upon conviction.   It also requires           
 a sentence of not less than 30 days and a $1,000 fine if a person             
 convicted of a felony DWI later drives a vehicle while their                  
 license is suspended or revoked.  That section was added at the               
 suggestion of law enforcement agencies.  SB 4 provides the court              
 the option of ordering drug therapy as a condition of parole or               
 probation and to order forfeiture of a vehicle or aircraft.  SB 4             
 is aimed to remove repeat offenders from the highways.  Section 1             
 addresses a change needed in state law to overcome a court ruling             
 that a minor cannot be arrested for consuming alcohol unless the              
 police witness the consumption.  The remainder of SB 4 deals with             
 what is necessary to make it a felony to repeatedly drive drunk.              
                                                                               
 Number 092                                                                    
                                                                               
 SENATOR ADAMS asked if SB 4 would cost over $4.2 million, of which            
 $3.7 million would be expended by the Department of Corrections,              
 and  whether more prison space would be required.                             
                                                                               
 MR. AMBROSE responded the fiscal note from the Department of                  
 Corrections totals $3.7 million in the first year.  SENATOR ADAMS             
 questioned whether the Senate Majority has included this amount in            
 their spending plan.  SENATOR TAYLOR noted the Governor's budget              
 was only received the day before.                                             
                                                                               
 SENATOR TAYLOR discussed the policy issue of whether the fiscal               
 notes of the departments should drive legislative policy.  He                 
 stated he felt it was worth the cost to pick up repeat offenders to           
 prevent them from causing deaths.  He noted last year, 48 people              
 were arrested in Anchorage for this offense; he estimated the                 
 number would double if statewide statistics were used.                        
                                                                               
 Number 128                                                                    
                                                                               
 SENATOR ADAMS responded he believes prison is not the answer for              
 every crime committed in the State of Alaska.  He suggested                   
 considering community service as a punishment for some offenses.              
 He commented that teenagers who are first-time offenders should be            
 doing productive community work rather than serving time in                   
 prisons.                                                                      
                                                                               
 Number 143                                                                    
                                                                               
 DEL SMITH, Deputy Commissioner of the Department of Public Safety             
 (DPS), testified in support of SB 4.  Regarding the fiscal impact,            
 he explained the DPS fiscal note addresses overtime costs generated           
 by court appearances and Grand Jury appearances in felony cases.              
 DPS anticipates 330 people will be charged for this offense                   
 annually.                                                                     
                                                                               
 SENATOR ADAMS asked how many people would be put in jail if SB 4              
 passes.  MR. SMITH estimated 100 would be sentenced, based on the             
 Department of Law's projections.                                              
                                                                               
 MARGOT KNUTH, Assistant Attorney General of the Department of Law             
 (DOL), expanded on Mr. Smith's response.  The DOL projects out of             
 400 arrests, 380 would be accepted for prosecution, and 15 percent            
 of those would go to trial.  This would represent a substantial               
 fiscal impact for the DOL, because felony crimes must be presented            
 to the Grand Jury.  She noted DOL anticipates a total of 330                  
 convictions each year.  The costs to the defense would double.  The           
 DOL has looked at other approaches used to address this problem.              
 In Minnesota, license plates are removed from the vehicle when the            
 arrest is made, with the advantage that the government does not end           
 up responsible for storing the vehicles, which are often junk                 
 vehicles.  The owner is responsible for impounding the vehicle                
 since a vehicle without plates cannot be on the street.  If this              
 system was used, the Legislature would have to determine what the             
 offender would need to do to retrieve their license plates.                   
                                                                               
 MS. KNUTH discussed DOL concerns about the sentences set out in SB
.  In Alaska, a presumptive sentencing scheme is used, which                 
 states that second class C felony convictions carry two year                  
 sentences, and third offense convictions carry three year                     
 sentences.  The sentences in SB 4 are less with a 360 day mandatory           
 minimum.  Driving with a revoked license would carry a 30 day                 
 mandatory minimum sentence, which would be a second felony offense            
 and usually carries a two year sentence.                                      
                                                                               
 MS. KNUTH emphasized the DOL vigorously supports Section 1 of SB 4,           
 allowing warrantless arrests of minors.  There are two other                  
 circumstances in which warrantless arrests are allowed: domestic              
 violence incidents; and DWI cases.  The justification for                     
 warrantless arrests in those situations is the danger those                   
 offenders pose to the public.  DOL believes the same holds true for           
 minors consuming because when judgement impaired, they may                    
 jeopardize their's and others' safety.                                        
                                                                               
 Number 261                                                                    
                                                                               
 SENATOR TAYLOR asked, in states that are using the license plate              
 removal approach, what the offender must do to obtain his/her                 
 license plates, and what is done when the impaired driver is not              
 the owner of the vehicle.  MS. KNUTH was unaware of the processes             
 used.                                                                         
                                                                               
 SENATOR TAYLOR stated another issue with forfeiture and seizure of            
 vehicles is whether bank loans exist on the vehicle.  He explained            
 discussions over the issue of liability on the part of the loaning            
 institution, who may have had knowledge of previous convictions               
 prior to loaning the money, have occurred.  SENATOR TAYLOR asked              
 Ms. Knuth to look into the approaches she mentioned and provide the           
 committee with recommendations.                                               
                                                                               
 SENATOR GREEN suggested the presumptive sentencing issue be                   
 reviewed.  SENATOR TAYLOR asked what the fiscal impact would be.              
 MS. Knuth replied the impact on the DOL would be negligible,                  
 however it might double the Department of Correction's fiscal note.           
                                                                               
 MR. AMBROSE stated the penalties were seriously considered when               
 drafting the legislation and were purposely designed to be less               
 punitive than what would happen under the normal circumstances.  A            
 repeat offender usually has a serious alcohol problem, and                    
 hopefully a one-year mandatory prison sentence would give him/her             
 time to seek help.  The 30 day prison requirement is also designed            
 to provide additional "cooling off" time.                                     
                                                                               
 SENATOR TAYLOR announced SB 4 would be held until the next hearing            
 (March 8).  The committee took up SB 14.