Legislature(2019 - 2020)BELTZ 105 (TSBldg)
02/09/2019 01:00 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB32 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 32 | TELECONFERENCED | |
SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
12:59:53 PM
CHAIR HUGHES announced that the only order of business would be
SENATE BILL NO. 32, "An Act relating to criminal law and
procedure; relating to controlled substances; relating to
probation; relating to sentencing; relating to reports of
involuntary commitment; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date."
1:00:10 PM
CHAIR HUGHES reviewed the work the committee did during its
initial hearings. She reported that it has come to her attention
that she may have a conflict of interest under the new ethics
laws.
1:00:59 PM
CHAIR HUGHES opened public testimony on SB 32. She stated that
written testimony is welcome and can be submitted to
[email protected].
1:01:39 PM
SENATOR MICCICHE said that as the next committee of referral the
Senate Finance Standing Committee will hear the bill and will
take amendments.
1:02:24 PM
DON ROBERTS JR., representing himself, Kodiak, said he has been
an Alaska resident for over 20 years. He expressed concern about
Section 49 of SB 32 related to involuntary commitments. He
related a scenario, such that someone who opted for voluntary
commitment and was transferred to Anchorage would automatically
be switched administratively to involuntary commitment because
it is administratively inconvenient for them to do otherwise. He
urged the committee to review these procedures because it is
easy for people to obtain an involuntary commitment. Although he
said he was not subject to involuntary commitment, he said he is
speaking from his own personal experience. The practices
surrounding involuntary commitment lead to a lot of legal
issues, including that the person committed cannot possess any
firearms, he said. He cautioned that any report generated from
the system does not give an accurate view.
1:05:37 PM
CARY CARRIGAN, Executive Director, Alaska Marijuana Industry
Association, Anchorage, expressed concern that SB 32 may
adversely affect legal marijuana/cannabis businesses. He
referred to page 20, line 5 of SB 32, to the provision that
specifies 25 plants of the genus cannabis is a criminal offense,
but it does not provide an opt out provision for legal marijuana
businesses. He pointed to the beneficial aspects and
contributions of the marijuana industry, including that
businesses pay state taxes and meet all the requirements
established by law. He said that the language in SB 32 should be
crystal clear and recognize the legal marijuana industry is
operating well within statutory and regulatory parameters.
He expressed concern that the language "genus cannabis" is very
broad and will capture marijuana and hemp. He said that it is
important to identify the Chair Hughes' specific conflict of
interest for the record to achieve total transparency. He
offered that he does not question her integrity in any way.
However, he related his understanding that the Senate Judiciary
Standing Committee will not make any amendments due to the
chair's potential conflict of interest. He said he hoped the
legislature will properly address SB 32 to ensure it works in
favor of the legalized cannabis industry and the emerging hemp
industry.
1:07:56 PM
SENATOR MICCICHE advised members that he specifically asked for
guidance on the legal marijuana industry yesterday and the
Department of Law's response is that this bill does not relate
to the legal cannabis trade or licensees associated with the
legal marijuana industry. It is specific to illegal "black
market" operations, he said. He suggested that Mr. Carrigan
contact his office since he can provide the specific responses
to confirm this.
1:08:24 PM
SHANTA BULLOCK, representing herself, Anchorage, offered her
belief that a first-time offender of an unclassified offense
should be eligible for "good time" and discretionary parole,
especially if the person has been in prison for a long time
without having any trouble.
She turned to the sex offender registry. She said that the state
needs to review its registry since it is unconstitutional and
keeps people from obtaining housing and jobs. She reported that
Michigan passed a law recently that found the sex offender
registry to be unconstitutional. She said that she did not
understand why a polygraph would be part of anyone's probation
since these tests have been proven many times to be unreliable
and cannot be used in a court of law. In response to Chair
Hughes, she confirmed that she thinks that first-time
unclassified felons should be eligible for discretionary parole
and "good time."
1:11:29 PM
KAREN LOWRY, Co-Owner, Alaskan Bloom, said she is the co-owner
of a cannabis business. She expressed concern that Section 32 of
SB 32 specifies possession of 25 or more genus cannabis plants,
or three or more grams of marijuana would constitute a class C
felony. She said she would like the legislature to create a
carve-out for legal marijuana businesses operating in compliance
under AS 17.38. She expressed concern that the legal marijuana
businesses will be adversely affected by this bill.
1:12:57 PM
JAKE WARDEN, Chief Executive Officer, AlaskaSense; General
Manager, CanAbaska, Anchorage, offered his support of the
marijuana industry. He also agreed with Cary Carrigan's
testimony. He thanked the legislature for its support to help
the industry grow and change for Alaska and the U.S.
1:13:48 PM
MARK WEAVER, representing himself, Anchorage, stated that
penalties for felony drug possession should relate to the type
of drug instead of the amount in possession. He said that he
works in recovery services and has observed that tagging people
with felonies for first-time possession sets them up for
lifelong problems and prevents them from getting jobs. He
expressed concern about the projected increase in the Department
of Correction's (DOC) budget. He acknowledged that the drug
epidemic is driving crime up, but he also cautioned that the
state cannot incarcerate itself out of it. Additional treatment
options and facilities are available outside Alaska, but he has
not seen any substance use disorder treatment programs within
the department. He disagreed with removing some provisions of
Senate Bill 91. Recently, figures were released that showed
recidivism rates are down to 61 percent. He agreed that Senate
Bill 91 is not perfect, but its goal was to address the
underlying issues for crime. He would like to see the
legislature provide services to correct the problems and not
just warehouse people who have mental health or substance abuse
disorders. He expressed concern about increasing the
department's budget without having better outcomes for those who
are incarcerated.
1:17:10 PM
TERRIA BANBENHUERK, representing herself, Anchorage, suggested
the committee listen to people with experience in the system to
understand what works to reduce recidivism. She also testified
on sentencing and increasing the penalties for drug offenses to
felonies. She said she supports reform and the goal and purpose
of Senate Bill 91. Although she has previously been
incarcerated, she also has seen the victim's perspective. She
said that her son was brutally murdered in June 2015 in a drug-
related incident, prior to passage of Senate Bill 91. The man
who killed her son had been part of the system since he was a
child. As prior testimony stated, correctional facilities lack
services, she said. For example, recent changes closed the faith
pod and moved male inmates to another facility. She
characterized the TLC program as the most successful program;
however, it is no longer offered at the Hiland Mountain
facility. She said that she would like to see more focus on
restorative justice practices to ensure people get treatment,
and on underlying issues related to crime, including
homelessness, addiction, and trauma. She does not trust the
system to help the offender who murdered her son, but she would
like to see him rehabilitated. She said that he does not trust
the system, so she has taken it upon herself to help him. She
encouraged the committee to include testimony from people with
experience in the system. These people understand the system and
could help identify what works best to reduce recidivism and
increase public safety.
1:20:30 PM
CHAIR HUGHES stated people can submit testimony to
[email protected].
1:20:36 PM
PATRICIA PATTERSON, representing herself, Kenai, stated that the
legislature has already indicated it will protect legal
marijuana businesses and legal transporters. However, AS 17.38
gives legal marijuana licensees the ability to possess more
marijuana than the restrictions imposed in SB 32. She asked
members to protect those who legally transport marijuana. She
referred to proposed [Sec. 32, AS 11.70.040 (a)(3)(i)] of SB 32
which read "? three grams or more containing a scheduled IIIA or
IVA controlled substance?. She said that "IIIA controlled
substance" relates to marijuana. She interprets this to mean
that a person could grow six plants but could only possess three
grams, she said. She suggested that these provisions may make it
confusing, since this law says one thing, but another law says
something else. She asked for further clarification on marijuana
laws and how it affects possession within or outside one's own
home.
1:23:34 PM
At-ease.
1:24:37 PM
CHAIR HUGHES reconvened the meeting.
1:25:11 PM
JANET KINCAID, representing herself, Palmer, said she hoped the
committee will not "throw out the baby with the bath water." She
expressed concern that Senate Bill 91 was not given adequate
time or funding to work. She said that Senate Bill 91 was not
fully funded. She said, "We can't build enough jails. We need to
help the people better there. We need to give them hope. We need
to give them a village, and get out of this system, and get back
on the road of bring healthy, taxpaying people that have their
lives together."
1:26:35 PM
MICHAEL BERGER, representing himself, Anchorage, stated that he
is a long-time convicted felon who has undergone treatment and
is a recovering addict. He urged members to keep treatment
options alive in sentencing and not to label first-time drug
offenders as felons. He shared that he did not make any headway
until he received treatment at AKEELA, [Inc., which provides
behavioral health programs]. He acknowledged that treatment is
not perfect, but it can help people change how they think and
put "right before wrong." He said that before treatment he stole
every day to get money for drugs. At the time it was all he
thought about, he said. Without restructuring a person's way of
thinking, it is not possible for them to get better. He urged
members to ensure that the state has continuity in addressing
issues and in sentencing.
1:28:19 PM
CHAIR HUGHES recognized that Representative Sharon Jackson
joined the meeting.
1:28:37 PM
SHARON CISSNA, representing herself, Anchorage, testified in
opposition to SB 32. She said she has a college degree in
sociology and has worked primarily with children whose parents
were incarcerated. She said she has a small business, but she
has also worked with the legislature for over 20 years. In over
50 years of living in Alaska, she has seen most legislative and
local effort focused on criminal and criminal-related work. She
said that SB 32 is primarily focused on the negative aspects.
CHAIR HUGHES asked her to submit written comments.
1:33:05 PM
SID ATWOOD, representing himself, Anchorage, thanked members for
the opportunity to testify. He said that Alaska cannot arrest
its way out of the drug problem and the U.S. was not able to do
so with its war on drugs. The U.S. has more people incarcerated
than anywhere in the world.
MR. ATWOOD said he has been sober for 42 years, that punishment
never helped him, but the 12-step program, drug and alcohol
treatment, and community support did. He related the high cost
of incarceration, at $168 per day, which could go a long way to
provide programs. He said that Senate Bill 91 had some good
programs. He hoped to meet with legislators next month as a
member of the Advisory Board of Alcoholism and Drug Abuse.
1:35:13 PM
MARY GEDDES, representing herself, Anchorage, said she was
speaking as a 35-year Alaska resident, that she has children and
grandchildren, so she wants nothing more than to have a safe
home and community. She said she has reviewed SB 32 and fully
grasps the motivation behind it. However, she has spent her
career working in the criminal justice system and is deeply
concerned about the bill. She said a disconnect exists between
good intentions and the negative outcomes of many of SB 32's
provisions.
She said that people do not agree on ways to keep people safe or
the best value for criminal justice dollars. However, many of
the provisions in SB 32 do not accomplish either purpose. The
fundamental problem with SB 32 is that it calls for increased
sentences. However, overwhelming evidence indicates that
lengthening sentences does not reducing recidivism or crime.
Using non-incarceration sanctions would be a less expensive
approach. Enacting longer sentences increases the number of
prisoners at a rate that is fiscally unsustainable, she said.
1:38:36 PM
ROBIN CARVALHO, representing herself, Wasilla, said her Mat-Su
Valley community cried out for reform after it witnessed so much
death and destruction and saw the toll it took on Alaskan
families. She acknowledged that Senate Bill 91 had some good
provisions. The bill allowed prisoners who served their time and
paid their debt to society to obtain limited licenses, which
allowed them to get productive jobs and care for their families.
She asked people to show mercy and welcome them back to their
communities. She urged members not to lose sight of the fact
that crime is up nationwide, and much of it is related to mental
health and a lack of treatment.
1:41:44 PM
JOE SCHLANGER, representing himself, Wasilla, expressed concern
about the risk of sexual abuse of minors in schools and
advocated to amend SB 32 to specifically address it. He pointed
out that Lukis Nighswonger, [a Wasilla elementary school
teacher] had at least 20 charges filed against him, but the Mat-
Su Borough and Mat-Su Borough School District did not adequately
cover or report the case. He said, "We've got to put a stop to
this.". He said that children, teachers and schools need
additional protection, including enhanced reporting. He offered
his belief that minimum sentences should be increased to 20
years for first-time child molesters, especially since victims
suffer for the rest of their lives. The emphasis needs to be on
the victim and not on criminals, who often perpetrate multiple
crimes with multiple victims.
1:44:05 PM
NICK BROCKETT, representing himself, Wasilla, said that the
crime issues that Alaska faces are similar to ones in the rest
of the nation because these crimes are tolerated. He said that
the same level of problems does not exist in other countries
because they do not tolerate crime. For example, the Philippines
does not have a DUI [driving while under the influence] issue
and Singapore does not have a drug problem, he said. If Alaska
makes it a bad place for criminals, the criminals will move to
the Lower 48, he said.
1:45:58 PM
SENATOR REINBOLD acknowledged that she felt safe traveling in
Asia.
1:46:18 PM
JESSE SUMMER, representing himself, Wasilla, said his business
has been subject to multiple felony thefts. In fact, he has
caught several thieves, who have admitted to theft in front of
law enforcement. He also had ample evidence of these crimes. He
surmised that the troopers were demoralized by Senate Bill 91
because they often must release offenders on unsecured bonds. He
suggested that a secured bond could help, especially for felony
offenses.
1:48:23 PM
EDIE GRUNWALD, representing herself, Wasilla, said she has
visited several prisons and indicated that the Hiland
Correctional Facility has some of the best mental health
assistance in the state. She offered her belief that the state
needs to focus on the victims. From the beginning, Senate Bill
91 was an invitation for criminals to come to Alaska. She said
she supports electronic monitoring as a condition of release.
After reviewing SB 32, it appears to her that the sentencing was
raised, but the classifications reduced the penalties for drugs
in proposed Sections 30, 31, and 33. She asked whether that was
correct.
1:49:48 PM
CHAIR HUGHES said that is not correct; however, Kaci Schroeder
from the Department of Law will make comments at the end of
public testimony.
1:50:11 PM
MS. GRUNWALD asked whether the mandatory inflation rate is
raised. She said that she offers her support so Alaska can get
control over crime. She offered her belief that services for
victims needs more support.
1:51:48 PM
CHAIR HUGHES agreed that the inflation adjustment was removed.
She asked Ms. Schroeder to speak to this provision.
1:52:30 PM
ERIK REED, representing himself, Wasilla, said that over a year
ago, he had a head-on collision with a drunk driver. He said:
My son and I survived. He was four. My wife passed
away. Nobody has given any consideration or thought to
us as victims. They have cared more about this
process. The offender is currently on "house arrest"
living with a best friend. He is free to see his
children, his girlfriend, his wife; however, my son
and I are not. It's been over a year. There has been
no justice so I would ask that there be a timeframe to
allow for victims to continue to move forward and have
some sort of closure. Everybody wants to give the
perpetrators the second chance, but nobody thinks
about the victims. It's a lifelong injury that we
sustain in our lives and breathe every single day and
it's extremely tough. This guy is out, like I said, on
"house arrest." Things have kept being pushed back
over and over again. There's no closure for my son and
I, and at any point in time, my son and I can be right
back in the middle of that wreck. We go to therapy
continuously and it's hard to explain to my boy what
happened when he saw his mom take her last breath. And
what happened to the guy that caused that accident,
that is more important than this criminal's rights.
1:54:01 PM
CLIFFORD SMITH, Owner/Operator, VIP Alaska, Kenai, said that he
is owner of a private electronic monitoring firm in Kenai. He
thanked Senator Micciche for letting him know about the public
testimony. He referred to Sections 19 and 20 of SB 32. He said
that language was added to the bill to make it a crime to
remove, tamper, or disable electronic monitoring equipment.
He suggested the committee may wish to consider adding language
to address the failure by an offender to charge or recharge the
electronic monitoring equipment. He described the differences in
equipment. Failure to keep the device sufficiently charged is
just as effective as tampering or disabling the electronic
monitoring equipment.
MR. SMITH said he was glad to learn the cost of imprisonment at
a private residence included provisions that require electronic
monitoring must be paid for by the person being sentenced,
except in cases where the court determines the offender is
indigent. Section 46 seems to cap the cost of imprisonment at
$2,000 and asked the reason for the cap. He said he does not
think this bill goes far enough.
1:57:05 PM
CHAIR HUGHES welcomed additional comments to be submitted in
writing to [email protected].
1:57:20 PM
VERNON SMITH, Kenai Peninsula AMIA, Kenai, said he is a
cultivator on the Kenai Peninsula. He expressed concern that
legal cultivators of marijuana will be adversely affected by
Section 32 of the bill.
1:58:34 PM
SENATOR MICCICHE said the committee has been receiving calls
from the legal cannabis [marijuana] industry. He said that he
will ask for a formal ruling on the applicability of SB 32 to
ensure that the legal cannabis industry is protected. He said he
will share that response once he receives it.
1:58:59 PM
RYAN TUNSETH, Owner, East Rip, Kenai, thanked Senator Micciche
for the clarification. He echoed comments previously made on the
legal marijuana community concerns. He said that he would like
protections to be extended to all cannabis stakeholders, and not
just licensed businesses.
He expressed concern that the belief seems to be that Senate
Bill 91 created the crime problems and that SB 32 will fix them.
However, when the attorney general was asked if the bill will
fix the problems, he could not give any assurances it will, just
that the state needs to do something. He expressed concern about
the process being used to revise the criminal code. It was his
understanding that Senate Bill 91 would be strategically
reviewed, that areas that were deemed good ones would be kept,
but others would be changed. However, just going back to pre-
Senate Bill 91 law is not a fix. He said that he empathizes with
the victims, and agreed it is important to keep them in mind. He
said he appreciated hearing the victims' comments.
2:01:48 PM
CHRIS EICHENLAUB, representing himself, Eagle River, offered his
general support of SB 32, that he wants "justice for all," not
just for criminals. He expressed concern that the public bears
the cost of crime in the form of shoplifting, increased
insurance fees, and additional law enforcement. He offered his
belief that more law enforcement does not reduce crime. Instead,
what reduces crime is legislation passed by the legislature. He
surmised that criminals know how far they can push things. He
urged members to think about victims.
2:05:00 PM
LYNETTE CLARK, Chairman, Alaska Independent Party, Fox,
testified in opposition to SB 32. The repeal of Senate Bill 91
has become a mantra for Alaskans. However, SB 32 is a mistake
and a "knee jerk" reaction as a response to public pleas to
eliminate Senate Bill 91, which was rushed from the start. She
urged members to not make the same mistakes.
MS. CLARK asked members to be open to the public's concerns but
to give them what works. Last summer her home was broken into,
but since Senate Bill 91 was on the books and created "a
revolving door," she did not even bother to report it. She
warned her community that the next time her house is broken into
that she will act. She said, "Please get this right and not rush
it."
2:07:05 PM
CODY COMAN, representing himself, Wasilla, agreed with Mr.
Carrigan's concerns that SB 32 would adversely affect the legal
cannabis industry. He said he understands that SB 32 would only
apply to the marijuana "black market," but he expressed concern
that the bill would criminalize legal marijuana and natural
hemp. He highlighted the importance of protecting the legal
cannabis industry since it brings in millions of tax dollars to
the state.
2:08:53 PM
TIM KELLY, representing himself, Wasilla, testified in favor of
SB 32. He said that recidivism is a problem. He noted earlier
testimony said that recidivism is down. However, when law
enforcement stops arresting people, the statistics also reflect
reductions in crime. He has tracked crime for nearly 40 years
and has found recidivism rate runs 70-80 percent despite the
efforts to control it. He offered his belief that the solution
is to incarcerate people for long periods of time to prevent
criminals from preying on citizens. He said Senate Bill 91 was
passed to address budget issues. He suggested sending offenders
with long-term sentences out-of-state to save half the costs of
incarceration and allow room in Alaska's prison facilities for
those with shorter offenses. He said [his vehicle] was hit by a
person with multiple DUIs. He and his son could have been killed
in the accident, he said. He offered his belief that Alaska has
a huge problem with drunk drivers because Alaska is soft on
crime.
2:11:32 PM
CHAIR HUGHES reminded the public that the committee welcomes
additional written comments can be submitted to
[email protected].
2:11:57 PM
AARON COMAN, representing himself, Palmer, stated that he works
in the legal marijuana industry. He echoed Cary Carrigan's
testimony and concerns. He thanked Senator Micciche for his
willingness to request a legal opinion that clarifies that SB 32
will not apply to the legal cannabis operations. He referred to
page 19, lines 19-21 of proposed Section 32, which read as
follows:
(i) three grams or more containing a schedule IIIA or
IVA controlled substance except a controlled substance
in a form listed in (ii) of this subparagraph;
He referred to page 19, lines 13-14, of proposed Section 32,
which read as follows:
(ii) schedule IIA controlled substance except a 14
controlled substance listed in AS 11.71.150(e)(11) -
(15);
MR. COMAN expressed concern that these provisions need to be
examined to be sure they do not adversely impact the legal
marijuana industry. He expressed concern that it will place the
burden on the public to prove any marijuana in their possession
was legally acquired.
2:14:15 PM
RODGER BRANSON, representing himself, Eagle River, said he views
himself as a mental health services consumer. He expressed
concern about an "us against them" attitude that he has been
hearing today. He asked to speak for those people who are in
recovery. He acknowledged he heard several people testify that
they work in prison ministries and recovery services. He said
that is common for those in recovery to want to help others and
that such peer recovery can be a huge asset to the state.
2:17:11 PM
JESSICA SPURRIER, representing herself, Juneau, stated that she
works for JAMHI, [the Juneau Alliance for Mental Health, Inc.]
Health and Wellness as coordinator of the Heroin and
Prescription Opioid Misuse Program. She is also the facilitator
for the Juneau Opioid Work Group and is in the process of
completing her Master of Social Work degree. She said that SB
32, if passed, would send lots of people to prison for drug
crimes.
She agreed that crime has been increasing but offered her belief
that crime was on the rise well before the passage of Senate
Bill 91. The phrase "correlation does not equal causation" is
not just a catchy phrase, she said.
She said that prior to 2016, the prison population in Alaska was
incredibly large. In fact, the state wanted to build a new
prison to accommodate them. Yet, the crime rate continued to
increase, she said. The state saw firsthand that more
imprisonment did not lead to less crime. She wondered why
returning to pre-2016 law would result in less crime. Alaska is
in the midst of an economic recession, with the highest
unemployment rate in the country, she said.
MS. SPURRIER expressed concern that a first-time offender
possessing even a small amount of heroin could be convicted of a
felony. A felony conviction is a life sentence, she said. Felons
have difficulty getting jobs, housing, credit, or overcoming
social stigma. These things can only hurt their chances of
overcoming addiction. Fear of incarceration has not been a
deterrent in drug-related crimes. However, treatment can help.
She said that the laws created by Senate Bill 91 were based on
sound science and needs time to work, that similar laws have
worked in other states, and can work in Alaska. Substance use
disorder is a disease, she said. She asked members to support
justice reforms that promote rehabilitation and increase
supervision to reduce crime and increase public safety. In
closing, she said "please remember that "an ounce of prevention
is worth a pound of cure."
2:19:59 PM
MICHAEL VANLINDEN, representing himself, Juneau, stated that he
is a graduate of the Alaska Therapeutic Court program and a
felon. In 2014, he was charged with a felony DUI, but was given
an opportunity for rehabilitation through the therapeutic court
process. He has served his sentence, but he continues to carry
the scarlet letter "F" wherever he goes. Five years later he
still worries about whether he will be able to move on with his
life. He must worry whether the legislature will repeal the law
that drastically changed his life for the better.
He said, "I get punishing people for their crimes." However, the
real question is whether people become better human beings on
the other side or if they are made worse. He expressed gratitude
that he had an opportunity for treatment, and he got better. Now
he works as a case manager and a chemical dependency counselor,
helping those with substance use disorder and mental illness to
get better. He was issued a limited license due to Senate Bill
91, which allows him to have a good job and provide for his
family. He drives his son to school each morning.
MR. VANLINDEN said that the governor says he wants to help
people to change, but [SB 32] would not have helped him. The
governor also said he wants to be compassionate, but where is
the compassion in SB 32. He offered his belief that SB 32 would
be a huge step in the wrong direction. He expressed concern that
SB 32 would adversely affect him. He wondered if the goal was to
make more criminals or to help people change.
He said, "Just because you feel like the law is the problem
doesn't make it true. If you look at the data, you'll see that
we were headed this way, way before Senate Bill 91." He
questioned why people would blame a law that was not fully
implemented until last year. He sees people every day who have
benefited from Senate Bill 91 and have gotten better because of
it. He said that budget cuts to police, prevention programs, and
behavioral health services have created a "perfect storm." The
reality is that the burden has shifted to the community. He
expressed concern about cutting funding for programs, mental
health services, and prevention services for Alaskans. He
offered to provide the remainder of his testimony to the
committee.
2:23:00 PM
WILLIAM J. MUSSER, representing himself, Juneau, stated that he
is a convicted felon, in recovery from a substance abuse
disorder, and works as a chemical dependency counselor
technician. He said he has gone through the prison and probation
system, which he characterized as a broken system.
He said he is a broken individual who saw his sister lose her
life by an intoxicated driver. No one knew how to help him, nor
did they have the tools to fix him, so he victimized others, he
said. He suggested that the system is set up for broken people
to fail. He finally found someone who helped him and the only
way to stop recidivism is find out what works for each
individual, since the same approach will not work for everyone.
He said it takes a lot of services and effort to help people. He
acknowledged that the Juneau community tries to reach that
standard. He said he is inspired by his community.
2:25:42 PM
BRIAN ENDEL, representing himself, Palmer, testified in support
of SB 32. He said that he was opposed to Senate Bill 91 from its
inception. The bill was destructive for Alaska, he said. He
would like to reverse the direction, and see the legislature add
in the good parts of Senate Bill 91 into SB 32. He quoted
scripture in Ecclesiasticus 8:11. He said post-Senate Bill 91
law does not give people justice.
2:27:24 PM
VICKI WALLNER, Member, Stop Valley Thieves, Palmer, testified in
support of SB 32. She said she is the founder of the 2014 social
media group with over 17,000 members. She offered her belief
that the system was broken before Senate Bill 91, but that bill
went too far, that it eroded the public trust, and allowed
offenders to be released quickly. This demoralized police and
sent the wrong message to criminals. She said that the public is
screaming for justice. The government's number one priority is
to protect its citizens.
She said, "It's an absolute fact that an offender in jail is not
creating new victims." She said she is glad the crime bills are
separated into four bills. She acknowledged that Senate Bill 91
had some good provisions. However, the state did not save the
money it was supposed to save under the bill. In fact, the state
was considering reopening the Palmer Correctional Center, she
said. In closing she said that people do not feel safe in their
own communities.
2:31:03 PM
MIKE COONS, President, Greater Alaskan Chapter of Alaska
Association of Mature Citizens, Palmer, testified in support of
SB 32. He said his chapter just finished its meeting and
discussed SB 32 and most of the members supported SB 32. He
supported changes in drug possession amounts to allow the
criminal justice system to prosecute dealers. He stated that he
would like to see pedophiles and rapists get life with no parole
since pedophile victims must live with the effects the rest of
their lives. He offered his belief that users can get help
behind bars. He said he supports the increased penalties and is
"all for three strikes." He said he is a retired paramedic who
has cut people out of cars because of drunk drivers. He said a
felony DUI means the person has no regard for the law or for
others. He recommended returning "hard time" to criminals and
reverse the "soft aspects" of Senate Bill 91. He offered his
belief that the criminal can get his/her act together while in
jail if they want to change, and if not, the state should not
show any mercy. He said he wants to make Alaska an unsafe place
for criminals and a safe place for Alaskans.
2:33:05 PM
TRIADA STAMPAS, Policy Director, American Civil Liberties Union
of Alaska, Anchorage, testified in opposition to SB 32. She said
that SB 32 would promote a return to policies that failed to
stem increasing crime and recidivism rates. It was disappointing
to learn that this committee will not be considering any
amendments given that many legislators and the governor promised
to repeal Senate Bill 91 and replace it with something better.
She said that many Alaskans are concerned about crime and many
who have changed their behavior to avoid crime deserve an honest
and robust discussion of what has worked and what has not
worked. They also need to know that what will replace Senate
Bill 91 will be better than the return to policies that were
failing to protect them in 2015. The committee has heard from
this administration that increasing criminal sentences and
imposing heavier penalties on crimes are not guaranteed to lower
crime rates. That is because the relationship between crime
trends and sentencing policy is tenuous at best. Alaska's crime
rates are more fairly attributed to the state's struggling
economy, insufficient availability of mental health and
substance abuse disorder treatments and a raging opioid
epidemic.
The state's own data shows that larceny, burglary, and motor
vehicle theft began to spike prior to Senate Bill 91 being
signed into law. While sentencing policy does not drive crime
rates, it does drive incarceration rates and taking away a
person's liberties is one of the most serious exercises of
government power. In the decade prior to passage of Senate Bill
91, Alaska's prison population had grown 27 percent, with more
than half the prison population being non-violent offenders and
supervision violators while crime rates continued to climb.
2:35:11 PM
MS. STAMPAS said that these sentencing policies were also
resulting in disproportionate incarceration of Alaska Natives,
African Americans, and Latinos. Alaska's prisons were packed,
forcing the state to consider building even more prisons. She
said that the Department of Correction's fiscal note makes clear
that SB 32 will exceed the current capacity and put Alaska back
into the same untenable situation. Alaska's Constitution charges
us to balance the need for protecting the public, community
condemnation of the offender, the rights of victims of crimes,
restitution from the offender, and the principle of reformation.
MS. STAMPAS said the committee has heard testimony today about
the importance of robust reentry programming and the treatment
of substance use disorders. Since Senate Bill 91, more than $40
million has been invested and this investment in the principle
of reformation is an algorithm of current statistics of the
reduction of recidivism. She said that SB 32 shifts the balance
away from intervention to prevent crimes in favor of sentencing
policies that have already been tried and failed. She urged
members to vote against SB 32.
2:36:31 PM
CHAIR HUGHES remarked that the committee is not entertaining
amendments. This is not because there is not any desire to do,
or that committee members do not have any concerns. She said it
is simply because she, as chair, has a conflict of interest due
to what she believes is a flaw in the ethics law. She would like
to be clear that there is not any rubber stamping of this bill.
2:37:13 PM
KARA NELSON, representing herself, Juneau, stated her opposition
to SB 32. She said that she is a lifelong Alaskan who is in
long-term recovery from substance abuse disorder and mental
health issues. She was formerly incarcerated and is the mother
of three Alaskans. She has walked shoulder to shoulder with
hundreds of Alaskans who will not be able to testify today. She
asked to reiterate the need for restorative justice practices.
She said that she has heard a lot of testimony about what is and
is not working. She offered her belief that incarcerating for
longer periods of time does not enhance public safety or drive
down crime. She acknowledged she could not comprehend the
problems in communities. She asked members to keep justice for
all in mind, even those Alaskans who have a criminal background.
Many of them have been victims of crime, but their voices are
not heard.
2:39:46 PM
CHAIR HUGHES thanked her for her work in the recovery field. She
said she would make remarks after public testimony
2:40:10 PM
ROBIN MITCHELL, representing herself, Chugiak, testified that
she was generally in support of SB 32. She stated that testimony
should be thrown out [if anyone commits perjury] and the
affected parties should be able to sue. She expressed concern
that judges are not made accountable and related a scenario from
her own experience with guns stolen during a divorce proceeding
to illustrate her point. She expressed concern that the courts
are a revolving door for criminals.
CHERYL BOWIE, representing herself, Anchorage, testified in
opposition to SB 32. She said that she has not heard testimony
related to increasing mental health access and pain management
access for formerly incarcerated individuals. She offered her
belief that once a person is incarcerated, no matter what they
achieve and accomplish in terms of compliance goals, the person
is often not viewed as human and is locked out of access to jobs
and medication. She suggested exploring ways to mitigate some of
those risks. She further suggested uniform laws for the cannabis
industry. She related that Illinois allows opioid prescriptions
to be substituted with marijuana at dispensaries and doctors
should work with patients in that regard. She said that
patients, the disabled, and poor people are locked out of jobs,
but need access to jobs and insurance. She suggested law
enforcement should focus on violent crimes, property crimes,
sexual assault, and white-collar crimes. She said she does not
think putting people in jail for a long time or building more
prisons will help us deal with the issues we face.
2:46:15 PM
ROBERT DORTON, representing himself, Fairbanks, said he obtained
treatment in prison in Palmer in 2015. Once he was released to
electronic monitoring, he had a chance to give back to the
community via his 12-step program and an opioid crisis work
group. He graduated from a re-entry program and is now a
volunteer as a peer-support specialist. He obtained his GED and
has been accepted at the University of Alaska Fairbanks. He
emphasized that treatment works but longer sentences do not.
Prisoners should be able to pay their way back to society
instead of being stored away. He expressed gratitude for Senate
Bill 91 and how it helped him. He urged members not to give up
on the bill since it needs time to work. He said "the miracle is
about to happen" so let it work. He said that people realize
that drug addiction is a disease. He emphasized the focus should
be on treatment. He is part of the faith community, he said.
2:49:02 PM
CHAIR HUGHES congratulated him on his progress and forward
movement in his life.
2:49:20 PM
SENATOR REINBOLD said she sees Senate Bill 91 differently. She
said thousands of Alaskans have suffered and hundreds of
businesses have been affected by crime. She asked for further
clarification on the treatment program he felt was successful.
MR. DORTON said he participated in the Residential Substance
Abuse Treatment (RSAT) program. It gave him the tools to help
him address his problems. He lamented the three years he spent
in prison once he had the knowledge and not being able to use
it.
2:50:37 PM
JAMIE DONLEY, representing herself, Anchorage, testified in
support of SB 32. She said the last time she took her son to the
park, he was running and encountered someone shooting up heroin.
She offered her belief that those who were "sitting idly in
prison" were actually being help while they were incarcerated.
This gave them the opportunity become good, prosperous members
of society, she said. She said she supports prison for those who
commit crimes. In response to Chair Hughes, she said she is in
support of SB 32. She added that she had a family member who was
incarcerated for a drug offense pre-Senate Bill 91, got help
while in jail, and is now a productive member of society. She
surmised if her sister had been involved in drugs post-Senate
Bill 91 that her family member would probably be dead.
2:52:34 PM
ELIZABETH WILLIAMS, Member, No More Free Passes, Anchorage,
offered her partial support of SB 32 because the bill will raise
sentences for assault and other violent crimes. She is against
SB 32 for making simple drug possession a felony across the
board. She cautioned against treating violent and non-violent
crimes the same, which was one of the issues with Senate Bill
91. She suggested that the public was misled that it would only
affect non-violent drug users, which was not the case. She said
that Senate Bill 91 lowered sexual abuse of a minor in the third
degree and all domestic violence charges. She offered her
support to reinstate penalties for domestic violence and sexual
assault that Senate Bill 91 reduced. She said research indicates
that exposure to domestic violence is the worst thing that can
happen to a child, so she advocates increasing sentences for
domestic violence. Sending perpetrators of domestic violence to
prison for six months to a year can give the victim and family
to get their lives back together. She suggested treatment for
addiction and consequences for those who commit violent crimes.
2:55:07 PM
VICKI JOE KENNEDY, representing herself, Kodiak, acknowledged
that the budget cuts will mean drastic cuts. She said that
cannabidiol (CBD) can help with the opioid crisis. She directed
attention to Section 28, page 13, lines 10-13, which upset her
since it changes the penalty for disorderly conduct from a 24-
hour sentence and increases it to 10 days. She suggested that
could adversely affect activists who engage in civil
disobedience.
2:59:01 PM
LYNDA WATTS, representing herself, Juneau, said she is a person
with disabilities and is someone who suffers from post-traumatic
stress syndrome (PTSD), bipolar, and anxiety disorders. She was
a victim of sexual abuse and raised in an alcoholic home. She
developed a coping mechanism and is an alcoholic. She has two
felony DUIs and a felony failure to appear, with over 30
convictions. She learned she was eligible for the Juneau Re-
entry Coalition Program, which helped her turn her life around.
The program merged with the Juneau Alliance for the Mentally Ill
(JAMHI). She would like treatment programs that provide hope and
counseling for people. She was a "blackout drunk" and the worst
offender. She said it was a great honor to testify today in the
presence of legislators. She urged members to pick out the best
parts of Senate Bill 91 and SB 32 since not everything about
Senate Bill 91 was bad. She said being sober is good and she
hopes to be a role model for those who have been incarcerated to
serve lengthy sentences. She asked members to focus on the
numerous successes of people who benefitted from Senate Bill 91
and not the one who are problematic.
3:02:58 PM
CHAIR HUGHES wished her continued good fortune as she moves
forward with her recovery efforts.
3:03:25 PM
RICK IANNOLINO, Retiree, FASD Diagnostic Clinic, Juneau, stated
that he served as the coordinator for the Fetal Alcohol Spectrum
Disorder Diagnostic Clinic for ten years. He stated his
opposition to SB 32. He characterized most of his clients as
people who suffered from post-traumatic stress syndrome (PTSD)
and were from alcoholic families. Most families had been in and
out of the correctional facilities for generations. He said that
this bill promotes laws that are perhaps the most extreme in the
U.S. He noted that the U.S. incarcerates a higher percentage of
its citizens than any other country in the world. He said he
reviewed the recidivism rate, which increased during the war on
drugs and has been rising due to the opioid epidemic. He
suggested the state should consider Norway's system with shorter
sentencing, more treatment, with a recidivism rate of 7 percent,
not 75 percent. In response to Chair Hughes, he said the Prison
Policy website states that Norway's rate is about 7 percent.
3:07:41 PM
MS. KENNEDY rejoined the teleconference. She stated that she is
upset with Section 28, subsection (c), which increases the
penalty for disorderly conduct from one day to ten days. She
said she thinks the penalty is too harsh and asked members to
reconsider the provision.
3:09:19 PM
SOL NEELY, Ph.D., representing himself, paraphrased from a
prepared statement, which read as follows:
Thank you, Senator Hughes and the Senate Judiciary
Committee. I am Dr. Sol Neely. I live in Juneau, and
I'm representing myself.
I do come from an inter-disciplinary academic
background rooted in the concrete realities of prison
and reentry efforts. In Fall 2012, I started a prison
education program that became in time a reentry
effort, so every week of my life I attempt to balance
the rigor of academic research with the realities of
life lived in the prison and in reentry. My
experiences in all this align with the data and
evidence that show restorative justice measures work.
From this perspective, and as witnessed here today in
much of the public testimony, it seems that what
motivates SB 32 is either blind ideology and an
emotional desire for revenge and retribution, which is
not aligned with the mission of the department of
corrections, or it is motivated by dark money and
special interests. Our governor has campaigned in the
interest of the latter by exploiting the former, and
SB 32 is a product of this cynical exploitation of
fear.
With all respect to victims of Alaska crime, it is
simply dishonest to say supporters of criminal justice
reform don't care about victims. We care deeply about
victims, but we understand that there are ways to
organize justice reform other than revenge and
retribution, which do nothing toward healing and
restoration in our communities. The data on that is
clear. And many of our incarcerated neighbors are in
fact victims too of abuse, drugs, racism,
transgenerational trauma, or a failing economy. It is
not as simple as separating victims and perpetrators
of injustice. And we have multiple other models like
circle sentencing and restorative justice that make
victims central to justice reform. And this is the
direction SB 91 was leading us. And as a former
steering committee member of the Juneau reentry
coalition, I want to reiterate that Alaskans need to
allow enough time for existing justice reforms to be
evaluated, so that any changes we make are data
driven.
And my second point is related: We need treatment not
incarceration. Data shows that it is less costly and
more effective to serve people with behavioral health
disorders in the community, rather than in expensive
long-term institutional care. But when the governor
calls for a war on criminals, he is calling for a
cynical war on people, a war on our communities. We
need healthy community predicated on respect not on
skepticism.
For these reasons, I am resolutely opposed to SB 32
and ask you to resist the rhetoric of fear and muster
the courage for evidence-based reform tied to broader
issues that enrich our public resources instead of
diminishing and privatizing them. Thank you.
3:11:57 PM
MORGAN EVENSEN, representing herself, Wasilla, testified in
support of SB 32. She said she is 17 years old and grew up in
the [Mat-Su Valley]. She has had friends murdered and seen drug
problems in her community firsthand. There needs to be stronger
consequences for these crimes. She said she does not know the
solution, but she would like to see her community become safe.
In closing, she said she looks to the legislature to listen to
the people and victims and make this a great place for all.
CHAIR HUGHES thanked her for testifying before the committee.
3:12:45 PM
SHERRY HASSELL, representing herself, Soldotna, stated her
support for SB 32 and the repeal of Senate Bill 91.
3:13:26 PM
ANNETTE PANKOSKI, representing herself, stated that she has been
a realtor for over 13 years. She has been a resident of Alaska
for nearly 33 years. Pre-Senate Bill 91 she had clients who did
not even have keys to their homes. She urged members to repeal
Senate Bill 91, which removed consequences. She supported
consequences for criminal behavior as a deterrent to crime. She
said that our communities and residents deserve to feel safe.
3:14:38 PM
SENATOR MICCICHE related that the repeal of Senate Bill 91 is in
four bills. He asked whether she supported SB 32.
MS. PANKOSKI said she would like to further review SB 32.
3:15:14 PM
SENATOR REINBOLD echoed her observations that people did not
used to lock their homes, but they must do so because of crime.
She is a big supporter of SB 32, which will significantly bring
the laws back to pre-Senate Bill 91. She said she was willing to
discuss the bill and highlight the changes that were made in the
bill.
3:16:16 PM
JENNIFER HOWELL, representing herself, Sterling, testified in
support of SB 32 and repealing Senate Bill 91. She has reported
criminal activity, but the troopers' hands are currently tied.
She said her brother-in-law has been robbed three times by the
same individual. However, the person has been released
repeatedly and the charges have been reduced to misdemeanors.
She cautioned that something is wrong when individuals are not
afraid of the sentence.
3:17:54 PM
SENATOR KIEHL said he appreciated her testimony. He asked
whether the person was charged with felonies.
MS. HOWELL responded that the arrests were for felonies, but the
crimes were reduced to misdemeanors.
3:18:32 PM
CHAIR HUGHES, after first determining no one wished to testify,
closed public testimony on SB 32.
3:19:04 PM
CHAIR HUGHES remarked that she has heard mentioned "justice for
all." She said lawmakers have a responsibility that the public
has safe neighborhoods and communities. When people are put
behind bars, they are not in the communities committing
offenses. Treatment was failing in the Senate Bill 91 process.
What she is working hard on with the administration is the
importance of what is done during incarceration. She said
inmates can sleep in, watch television, play cards, and spend
idle time in prison. She would like to see inmates being
prepared to be more productive citizens in society. The state
needs to have private sector treatment programs available in the
prison system with good success rates, including substance abuse
treatment, family counseling, or work-training. The private
sector organizations need to provide services in the facilities
so inmates will have a network and support system on the
outside. She said she hoped that they would have a job and
housing lined up so they can be productive and have the means to
pay their rent.
CHAIR HUGHES said that Alaska has been failing. It failed before
and during Senate Bill 91, in terms of what happens in the
Department of Corrections. She said, "That is a focus and that
will address justice for all, because if we keep the criminals
off the streets our neighborhoods will be safer. If we do the
right thing in the prison walls, we will provide justice and a
new opportunity for those who have committed the crime with the
hope and the goal that when they exit, they will not return.
This has worked in other places." She offered her belief that
Alaska can reduce the recidivism rate from that 70 percent
range. Other states have reduced recidivism rates below 30 and
40 percent. She has heard that one rate was as low as 17
percent, but the laws were tough. This is one of her goals, she
said.
She said that prior to Senate Bill 91, she had worked as a
contractor in the prison system and witnessed inmates who were
not criminally minded pick up criminal habits inside the prison
system from hardened criminals. These inmates exited the system
and committed worse and worse crimes. She opined that the state
must do things differently in the Department of Corrections and
must set the goal to give inmates a chance to get back on track.
She said this is important for safety and the state needs to
invest funding, although this bill does not address funding
aspects. However, the committee will hear future bills that will
address funding. She said it is not "either/or" because the
state can have tough laws to get them off the street and do
things differently in the prison system that will allow
criminals to get their lives turned around. It will also provide
assurance that when offenders exit, they will be in better shape
than when they entered the correctional system. She said, "I
just wanted to put that on the record because I know some of the
people who supported [Senate Bill 91] and are opposing SB 32;
you are only seeing one piece of the puzzle at this point."
3:24:12 PM
CHAIR HUGHES asked people to watch for the whole package because
those who oppose Senate Bill 91 will find that sentences are
being toughened, but the issues raised today can be addressed.
This included providing inmates with opportunities for treatment
to get their lives back on track.
3:25:08 PM
KACI SCHROEDER, Assistant Attorney General, Central Office,
Criminal Division, Department of Law, Anchorage, in response to
Chair Hughes, said that in regard to the concerns that were
expressed about the language in SB 32 that pertains to
marijuana, that was in place pre-Senate Bill 91. She explained
that the initiative passed, was in statute in 2014, and
coexisted before Senate Bill 91. This bill would reset the stage
for the language to coexist again. As Mr. Henderson stated
yesterday, the language in SB 32 targets the black-market
aspects of the cannabis industry. She said the Department of Law
arrived at that conclusion because the statutes are to be read
harmoniously. The statutes are not to be read to invalidate
other statutes if the statutes can be read together. The
marijuana initiative is codified in AS 17.38 and the criminal
activity is found in AS 11. She said that if the person is
operating within the confines of AS 17.38, the person is fine.
If the person is operating outside those confines, for example,
not having a license or possessing more than an ounce of
marijuana, the criminal law would "kick in." She acknowledged
that some simple things can be done in AS 11 to address the
concerns. She suggested that when SB 32 gets to the point where
changes can be made, the administration welcomes working with
members to make those changes.
CHAIR HUGHES asked whether any additional clarification needs to
be placed on the record.
3:26:55 PM
MS. SCHROEDER answered that concern was raised about the
thresholds for theft being the same as in Senate Bill 91. She
explained that Senate Bill 91 raised the felony threshold to
$1,000; however, Senate Bill 54 brought it back down to $750.
The felony threshold remains at $750, she said.
MS. SCHROEDER recalled that another issue raised in testimony
was whether allowing an electronic monitor's battery to die
would qualify as tampering in the escape statutes. She said the
DOL believes that would be a close call so it may be something
the committee would want to consider in the future.
3:27:41 PM
SENATOR KIEHL said that one thing that was raised by several
public testifiers was a three-gram standard, which may be the
result of confusion about schedule IV versus scheduled VI drugs.
He asked for further clarification on the standard.
MS. SCHROEDER said she was unsure. She related that AS 17.38,
which codifies the legal use of marijuana has a one-ounce
threshold. She suggested she could review the criminal code for
thresholds.
CHAIR HUGHES offered her belief that it is classified as one of
the drugs that marijuana is so that might be something to review
to ensure a problem does not exist.
3:28:31 PM
SENATOR MICCICHE said that one thing he supported in Senate Bill
91 was the limited [driver's] license option. He asked for
clarification that the limited license option is not being
eliminated. He explained the limited license option allows those
who have abided by the rules for a long time the ability to have
a limited license. This would remove an obstacle and allow them
to drive to work, to church, and elsewhere.
MS. SCHROEDER answered that none of the bills in the governor's
crime package touch on the limited license issue.
3:29:16 PM
CHAIR HUGHES remarked that she thinks that a loophole exists
related to the 10-year span for someone to obtain a license. She
offered her belief that resetting the clock should occur after
the last violation. She explained that the current law allows a
person to get their license returned in the first ten years if
the person "stays on the straight and narrow." However, if the
person missed that window, the only way for the person to get a
driver's license would be to commit a DUI and go through the
therapeutic court system. She clarified that she absolutely does
not suggest this avenue. It should apply to someone who has
"stayed clean" for a ten-year period, so this will need to be
addressed.
3:30:22 PM
SENATOR MICCICHE related that the committee heard concern that
the penalty for a simple [drug] possession would be returned to
a felony in SB 32. He asked Ms. Schroeder to describe the option
a judge must impose for a suspended imposition of sentence
(SIS), which can keep the penalty at a misdemeanor with the
stipulation for a recovery plan or other condition.
MS. SCHROEDER answered that there are two methods for that to
happen. She said a judge can put someone on probation and if the
person complies with the conditions of probation, which could
include treatment, the conviction could be "set aside." That was
in place prior to Senate Bill 91 and was not changed by it. She
explained that Senate Bill 91 did introduce a suspended entry of
judgment (SEJ), in which someone could, with the consent of the
prosecution, be put on probation. She said it is very similar to
an SIS, which could include treatment. Once the person
successfully completed probation, the charge would be dismissed.
3:31:32 PM
SENATOR REINBOLD expressed concern about this provision. She
offered her belief that the reason people possess drugs is to
use or sell them, which often leads to theft, assault, burglary,
assault, and homicide. She found the homicide rates in Alaska
"astounding." She expressed further concerns with some of the
limited licenses for people who do not pay their fines or do not
carry insurance. She agreed the "DUI loophole" needs to be
addressed. She said Alaska has a horrible problem with alcohol,
so "going soft in this area is inappropriate." She said she
supports early intervention. She noted that resource officers in
schools just "wave the flag." She said that the problems are
very serious and early intervention is often not being done. She
related her understanding that the new ethics law hinders the
committee from making changes in the bill. She remarked that
crime statistics show crime has "gone through the roof."
3:34:01 PM
SENATOR MICCICHE said many testifiers were opposed to the
changes in SB 32. He said that the Alaska Constitution calls for
community condemnation, reformation, and restitution, but it
also focuses on victims' rights. He said what was missing is
that the focus on potential rehabilitation forgot the price for
community condemnation. He said, "There is still a price to pay
for the crime, no matter what happens in the future with
rehabilitation and reformation." He said he supports programs
that help people reform their lives and be successful. However,
Senate Bill 91 eliminated a large part of it and people were not
paying an adequate price. He said that he supports SB 32 since
it, along with the other three crime bills, provides a
reasonable approach. He said we still believe in the hope of
turning someone's life around during incarceration. He supports
the programs that Chair Hughes mentioned. However, the basic
price, the basic community condemnation, still needs to occur,
which is why he supports SB 32.
3:35:40 PM
SENATOR KIEHL said he shares the view that treatment has not
been robust enough. The committee has heard testimony from
people on how effective treatment helped them turn their lives
around, especially with the re-entry provision in place. He
would share interest in putting more focus on treatment in the
bill. At the same time, some people will not reform and should
remain in prison. He said, "We know that putting non-violent
offenders and folks who struggle with addiction in prison for a
long time with the folks from whom we really need to be
protected for a long time tends to increase crime. It tends to
make more victims." He expressed concern with some provisions in
SB 32, which he characterized as a recipe to increase crime in
Alaska, one that would create more victims. He acknowledged that
the ethics law, which could use a tweak, may stop the committee
from preparing a committee substitute, but it does not stop
Chair Hughes from voting on amendments in committee. He was
interested in the committee taking up amendments on the bill.
3:37:31 PM
CHAIR HUGHES said the committee will discuss how to proceed. She
reviewed upcoming committee announcements.
3:37:55 PM
CHAIR HUGHES remarked that she appreciated Senator Kiel's
concerns. She said that to prevent the "recipe" that would
create more victims is to separate the first-time non-violent
offenders, and to separate those who are incarcerated due to
substance abuse. She offered her belief that was part of the
problem, that they were intermixed with the violent and
criminally minded offenders, the habitual offenders. She said
part of her proposal and vision is to put the first-time
offenders in a separate facility to stop churning out people in
worse shape who create more victims in the community. Further,
it is important to toughen Alaska's laws to stop the influx of
criminals from outside the state. She said that Alaska has
become a haven from the 30 or other states that have "three
strike laws" who come to Alaska. She has heard, anecdotally,
from a few law enforcement officers that nearly half their cases
are related to suspects and offenders who come from outside
Alaska. She said that drains the resources Alaska has to take
care of its own and to make sure that neighborhoods are safe. It
is important that Alaska does its best to ensure that those
going into its system have an opportunity to turn their life
around. She reiterated the importance to stop the influx and to
separate the first-time offenders.
[SB 32 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJUD Agenda 2.9.19.pdf |
SJUD 2/9/2019 1:00:00 PM |
|
| SB32 - Version A.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB 32 Transmittal Letter.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Sectional.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB32-DOA-PD-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |
| SB32-DOA-OPA-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |
| SB32-DOC-PopMgmt-IDO-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |
| SB32-DPS-CJISP-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |
| SB32-HSS-PS-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |
| SB32-Law-CrimDiv-FN.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM |
SB 32 |